Page:United States Statutes at Large Volume 92 Part 1.djvu/195

 PUBLIC LAW 95-242—MAR. 10, 1978

92 STAT. 141

"(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.". COMPONENT AND OTHER PARTS OP FACILITIES

SEC. 309. (a) Section 109 of the 1954 Act is amended to read as 42 USC 2139. follows: "SEC. 109. COMPONENT AND OTHER PARTS OF FACILITIES.—

"a. With respect to those utilization and production facilities which Domestic are so determined by the Commission pursuant to subsection 11 v. (2) activities issuance or 11 cc. (2) the Commission may issue general licenses for domestic licenses, authorization. activities required to be licensed under section 101, if the Commission 42 USC 2139. determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security. "b. After consulting with the Secretaries of State, Energy, and Export licenses. Commerce and the Director, the Commission is authorized and directed to determine which component parts as defined in subsection 11 v. (2) or 11 cc. (2) and which other items or substances are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes. Except as provided in section 126 b. (2), no such component, substance, or item which is so determined by Ante, p. 131. the Commission shall be exported unless the Commission issues a general or specific license for its export after finding, based on a reasonable judgment of the assurances provided and other information available to the Federal Government, including the Commission, that the following criteria or their equivalent are met: (1) I A E A safeguards as required by Article III (2) of the Treaty will be applied with respect to such component, sulsstance, or item; (2) no such component, substance, or item will be used for any nuclear explosive device or for research on or development of any nuclear explosive device; and (3) no such component, substance, or item will be retransferred to the jurisdiction of any other nation or group of nations unless the prior consent of the United States is obtained for such retransfer; and after determining in writing that the issuance of each such general or specific license or category of licenses will not be inimical to the common defense and security: Provided, That a specific license shall not be required for an export pursuant to this section if the component, item or substance is covered by a facility license issued pursuant to section 126 of this Act. "c. The Commission shall not issue an export license under the authority of subsection b. if it is advised by the executive branch, in accordance with the procedures established under subsection 126 a., that the export would be inimical to the common defense and security of the United States.". (b) The Commission, not later than one hundred and twenty days Regulations. after the date of the enactment of this Act, shall publish regulations to 42 USC 2139a. implement the provisions of subsections b. and c. of section 109 of the 1954 Act. Among other things, these regulations shall provide for the Supra. prior consultation by the Commission with the Department of State, the Department of iEnergy, the Department of Defense, the Department of Commerce, and the Arms Control and Disarmament Agency. (c) The President, within not more than one hundred and twenty Export control days after the date of enactment of this Act, shall publish procedures procedures. regarding the control by the Department of Commerce over all Presidential export items, other than those licensed by the Commission, which could publications. 42 USC 2139a.

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