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Agreement requirements, Presidential exemptions.

Proposed
cooperation
agreements,
submittal to
President.
Nuclear
Proliferation
Assessment
Statement,
submitted to
President.
42 USC 2121,

2164.

party that no material transferred pursuant to
the agreement for cooperation and no material
used in or produced through the use of any mate-
rial, production facility, or utilization facility
transferred pursuant to the agreement for co-
operation will be reprocessed, enriched or (in
the case of plutonium, uranium 233, or uranium
enriched to greater than twenty percent in the
isotope 235, or other nuclear materials which
have been irradiated) ctherwise altered in form
or content without the prior approval of the
United States;

"(8) except in the case of agreements for co-
operation arranged pursuant to subsection 91 c.,
144 b., or 144 c.. a guaranty by the cooperating
party that no plutonium, no uranium 233, and
no uranium enriched to greater than twenty per-
cent in the isotope 235, transferred pursuant to
the agreement for cooperation, or recovered
from any source or special nuclear material so
transferred or from any source or special nuclear
material used in any production facility or utili-
zation facility transferred pursuant to the agree-
ment for cooperation, will be stored in any fa-
cility that has not been approved in advance by
the United States; and

"(9) except in the case of agreements for co-
operation arranged pursuant to subsection 91 c.,
144 b., or 144 c., a guaranty by the cooperating
party that any special nuclear material, produc-
tion facility, or utilization facility produced or
constructed under the jurisdiction of the co-
operating party by or through the use of any
sensitive nuclear technology transferred pur-
suant to such agreement for cooperation will be
subject to all the requirements specified in this
subsection.

The President may exempt a proposed agreement for
cooperation (except an agreement arranged pursuant to
subsection 91 c., 144 b., or 144 c.) from any of the require-
ments of the foregoing sentence if he determines that
inclusion of any such requirement would be seriously
prejudicial to the achievement of United States non-
proliferation objectives or otherwise jeopardize the com-
mon defense and security. Except in the case of those
agreements for cooperation arranged pursuant to sub-
section 91 c., 144 b., or 144 c., any proposed agreement
for cooperation shall be negotiated by the Secretary of
State, with the technical assistance and concurrence of
the Secretary of Energy and in consultation with the
Director of the Arms Control and Disarmament Agency

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('the Director'); and after consultation with the Commission shall be submitted to the President jointly by the Secretary of State and the Secretary of Energy accompanied by the views and recommendations of the Secretary of State, the Secretary of Energy, the Nuclear Regulatory Commission, and the Director, who shall also provide to the President an unclassified Nuclear Proliferation Assessment Statement regarding the adequacy of the safeguards and other control mechanisms and the peaceful use assurances contained in the agreement for cooperation to ensure that any assistance furnished thereunder will not be used to further any military or nuclear explosive purpose. In the case of those agreements for cooperation arranged pursuant to subsection 91 c., 144 b., or 144 c., any proposed agreement for cooperation shall be submitted to the President by the Secretary of Energy or, in the case of those agreements for cooperation arranged pursuant to subsection 91 c. or 144 b. which are to be implemented by the Department of Defense, by the Secretary of Defense;

"b. the President has approved and authorized the execution of the proposed agreement for cooperation and has made a determination in writing that the performance of the proposed agreement will promote, and will note constitute an unreasonable risk to, the common defense and security;

committees.

"c. the proposed agreement for cooperation (if not an Submittal to agreement subject to subsection d.), together with the congressional approval and determination of the President, has been submitted to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate for a period of thirty days of continuous session (as defined in subsection 130 g.): Provided, however, That these committees, after having received such agreement for cooperation, may by resolution in writing waive the conditions of all or any portion of such thirty-day period; and s

"d. the proposed agreement for cooperation (if arranged pursuant to subsection 91 c., 144 b., or 144 c., or if entailing implementation of section 53, 54 a., 103, or 104 in relation to a reactor that may be capable of producing more than five themal megawatts or special nuclear material for use in connection therewith) has been submitted to the Congress, together with the approval and determination of the President, for a period of sixty days of continuous session (as defined in subsection 130 g. of this Act) and referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, and in addition, in the case of a proposed agree

Public Law 85-681 (72 Stat. 632) (1958), sec. 4, added the proviso to subsec. 123 c.

42 USC 2073, 2074, 2133, 2134.

43-785 080-5

Agency
views to
congressional
committees.

42 USC 2121, 2164.

ment for cooperation arranged pursuant to subsection 91 c., 144 b., or 144 c., the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, but such proposed agreement for cooperation shall not become effective if during such sixty-day period the Congress adopts a concurrent resolution stating in substance that the Congress does not favor the proposed agreement for cooperation: Provided, That the sixty-day period shall not begin until a Nuclear Proliferation Assessment Statement prepared by the Director of the Arms Control and Disarmament Agency, when required by subsection 123 a., has been submitted to the Congress. Any such proposed agreement for cooperation shall be considered pursuant to the procedures set forth in section 130 of this Act for the consideration of Presidential submissions.90

"Following submission of a proposed agreement for cooperation (except an agreement for cooperation arranged pursuant to subsection 91 c., 144 b., or 144 c.) to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, the Nuclear Regulatory Commission, the Department of State, the Department of Energy, the Arms Control and Disarmament Agency, and the Department of Defense shall, upon the request of either of those committees, promptly furnish to those committees their views as to whether the safeguards and other controls contained therein provide an adequate framework to ensure that any exports as contemplated by such agreement will not be inimical to or constitute an unreasonable risk to the common defense and security.

"If, after the date of enactment of the Nuclear NonProliferation Act of 1978, the Congress fails to disapprove a proposed agreement for cooperation which exempts the recipient nation from the requirement set forth in subsection 123 a. (2), after failure to act shall constitute a failure to adopt a resolution of disapproval pursuant to subsection 128 b. (3) for purposes of the Commission's consideration of applications and requests under section 126 a. (2) and there shall be no congressional review pursuant to section 128 of any subsequent license or authorization with respect to that state until the first such license or authorization which is issued after twelve months from the elapse of the sixty-day period in which the agreement for cooperation in question is reviewed by the Congress.".91 92

90 Subsec. 123d was amended by Public Law 93-485 (88 Stat. 1460) 91 Public Law 95-242 (92 Stat. 142) (1978). sec 401 amended sec. 123. Before amendment it read:

"SEC. 123. COOPERATION WITH OTHER NATIONS.-No cooperation with any nation or regional defense organization pursuant to sections 53, 54a. 57, 64, 82, 91, 103, 104, or 144 shall be undertaken until

(Continued)

"SEC. 124. INTERNATIONAL ATOMIC POOL.-The Presi- International atomic pool. dent is authorized to enter into an international arrange- 42 U.S.C. ment with a group of nations providing for international sec. 2154. cooperation in the nonmilitary applications of atomic energy and he may thereafter cooperate with that group of nations pursuant to sections 54a, 98 57, 64, 82, 103, 104, or 144 a.: Provided, however, That the cooperation is undertaken pursuant to an agreement for cooperation entered into in accordance with section 123.

93.

with Berlin.

42 U.S.C.

"SEC. 125. COOPERATION WITH BERLIN.-The Presi- Cooperation dent may authorize the Commission to enter into agreements for cooperation with the Federal Republic of (N.). Germany in accordance with section 123, on behalf of

(Continued)

"a. the Commission or, in the case of those agreements for cooperation arranged pursuant to subsection 91, c. or 144 b. which are to be implemented by the Department of Defense/, the Department of Defense has submitted to the President the proposed agreement for cooperation, together with its recommendations hereon, which proposed agreement shall include (1) the terms, conditions, duration, nature, and scope of the cooperation; (2) a guaranty by the cooperating party that security safeguards and standards as set forth in the agreement for cooperation will be maintained; (3) except in the case of those agreements for cooperation arranged pursuant to subsection 91 c. a guaranty by the cooperating party that any material to be transferred pursuant to such agreement will not be used for atomic weapons, or for research on or development of atomic weapons or for any other military purpose; and (4) a guaranty by the cooperating party that any material or any Restricted Data to be transferred pursuant to the agreement for cooperation will not be transferred to unauthorized persons or beyond the jurisdiction of the cooperating party, except as specified in the agreement for cooperation;

"b. the President has approved and authorized the execution of the proposed agreement for cooperation, and has made a determination in writing that the performance of the proposed agreement will promote and will not constitute an unreasonable risk to the common defense and security;

"c. the proposed agreement for cooperation, together with the approval and the determination of the President, has been submitted to the Joint Committee and a period of thirty days has elapsed while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days): Provided, however, That the Joint Committee, after having received such agreement for cooperation, may by resolution in writing waive the conditions of all or any portion of such thirty-day period; and ;

"d. The proposed agreement for cooperation, together with the approval and determination of the President, if arranged pursuant to subsection 91 c., 144 b., or 144 c., or if entailing implementation of sections 53, 54a, 103, or 104 in relation to a reactor that may be capable of producing more than five thermal megawatts or special nuclear material for use in connection therewith, has been submitted to the Congress and referred to the Joint Committee and a period of sixty days has elapsed while Congress is in session (in computing such sixty days, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days), but any such proposed agreement for cooperation shall not become effective if during such sixty-day period the Congress passes a concurrent resolution stating in substance that it does not favor the proposed agreement for cooperation: Provided, That prior to the elapse of the first thirty days of any such sixty-day period the Joint Committee shall submit a report to the Congress of its views and recommendations respecting the proposed agreement and an accompanying proposed concurrent resolution stating in substance that the Congress favors, or does not favor, as the case may be, the proposed agreement for cooperation. Any such concurrent resolution so reported shall become the pending business of the House in question (in the case of the Senate the time for debate shall be equally divided between the proponents and the opponents) within twenty-five days and shall be voted on within five calendar days thereafter, unless such House shall otherwise determine.

Public Law 95-242 (92 Stat. 148). sec. 405 (a), provided that: "The amendments to section 123 of the 1954 Act made by this ct shall not affect the authority to continue cooperation pursuant to agreements for cooperation entered into prior to the date of enactment of this Act." (Nuclear Non-proliferation Act)

23 Sec. 5 of Public Law 93-377 (88 Stat. 475) (1974) amended secs. 124 and 125 by substituting the term "54a" for the term "54".

Bec. 2153

42 USC 2155. Exemption.

Supra.

42 USC 2112.

Executive

branch judgment, notice

Procedures.

Berlin, which for the purposes of this Act comprises those areas over which the Berlin Senate exercises jurisdiction (the United States, British, and French sectors) and the Commission may thereafter cooperate with Berlin pursuant to sections 54a, 57, 64, 82, 103, or 104; Provided, That the guaranties required by section 123 shall be made by Berlin with the approval of the allied commandants. 94

"SEC. 126. EXPORT LICENSING PROCEDURES.

"a. No license may be issued by the Nuclear Regulatory Commission (the 'Commission') for the export of any production or utilization facility, or any source material or special nuclear material, including distributions of any material by the Department of Energy under section. 54, 64, or 82, for which a license is required or requested, and no exemption from any requirement for such an export license may be granted by the Commission, as the case may be, until

"(1) the Commission has been notified by the Secretary of State that it is the judgment of the executive branch to Commission. that the proposed export or exemption will not be inimical to the common defense and security, or that any export in the category to which the proposed export belongs would not be inimical to the common defense and security because it lacks significance for nuclear explosive purposes. The Secretary of State shall, within ninety days after the enactment of this section, establish orderly and expeditious procedures, including provision for necessary administratíve actions and inter-agency memoranda of understanding, which are mutually agreeable to the Secretaries of Energy, Defense, and Commerce, the Director of the Arms Control and Disarmament Agency, and the Nuclear Regulatory Commission for the preparation of the executive branch judgment on export applications under this section. Such procedures shall include, at a minimum, explicit direction on the handling of such applications, express deadlines for the solicitation and collection of the views of the consulted agencies (with identified officials responsible for meeting such deadlines), an inter-agency coordinating authority to monitor the processing of such applications, predetermined procedures for the expeditious handling of intra-agency and inter-agency disagreements and appeals to higher authorities, frequent meetings of inter-agency administrative coordinators to review the status of all pending applications, and similar administrative mechanisms. To the extent practicable, an applicant should be advised of ali the information required of the applicant for the entire process for every agency's needs at the beginning of the process. Potentially controversial applications should

Contents.

24 Public Law 85-14 (71 Stat. 11) (1957), added sec. 125.

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