Notice to congressional committees. Plan, contents. "Foreign spent nuclear fuel." resolution stating in substance that it does not favor "(B) The Secretary of Energy has complied with "(C) The Secretary of Energy has complied, or in the arrangement will comply with all other statutory requirements of this Act, under sections 54 and 55 and any other applicable sections, and any other requirements of law. "(2) Subsection (1) shall not apply to the storage or other disposition in the United States of limited quantities of foreign spent nuclear fuel if the President determines that (A) a commitment under section 54 or 55 of this Act of the United States for storage or other disposition of such limited quantities in the United States is required by an emergency situation, (B) it is in the national interest to take such immediate action, and (C) he notifies the Committees on International Relations and Science and Technology of the House of Representatives and the Committees on Foreign Relations and Energy and Natural Resources of the Senate of the determination and action, with a detailed explanation and justfication thereof, as soon as possible. "(3) Any plan submitted by the President under subsection f. (1) shall include a detailed discussion, with detailed information, and any supporting documentation thereof, relating to policy objectives, technical description, geographic information, cost data and justifications, legal and regulatory considerations, environmental impact information and any related international agreements, arrangements or understandings. "(4) For the purposes of this subsection, the term 'foreign spent nuclear fuel' shall include any nuclear fuel irradiated in any nuclear power reactor located outside of the United States and operated by any foreign legal entity, government or nongovernment, regardless of the legal ownership or other control of the fuel or the reactor and regardless of the origin or licensing of the fuel or reactor, but not including fuel irradiated in a research. reactor.1 "CHAPTER 12. CONTROL OF INFORMATION 42 U.S.C. "SEC. 141. POLICY.-It shall be the policy of the Com- Polley mission to control the dissemination and declassification sec. 2161. of Restricted Data in such a manner as to assure the common defense and security. Consistent with such policy, the Commission shall be guided by the following principles: "a. Until effective and enforceable international safeguards against the use of atomic energy for destructive purposes have been established by an international arrangement, there shall be no exchange of Restricted Data with other nations except as authorized by section 144; and "b. The dissemination of scientific and technical information relating to atomic energy should be permitted and encouraged so as to provide that free interchange of ideas and criticism which is essential to scientific and industrial progress and public understanding and to enlarge the fund of technical information. "SEC. 142. CLASSIFICATION AND DECLASSIFICATION OF Classification RESTRICTED DATA. "a. The Commission shall from time to time determine the data, within the definition of Restricted Data, which can be published without undue risk to the common defense and security and shall thereupon cause such data to be declassified and removed from the category of Restricted Data. "b. The Commission shall maintain a continuous review of Restricted Data and of any Classification Guides issued for the guidance of those in the atomic energy program with respect to the areas of Restricted Data which have been declassified in order to determine which information may be declassified and removed from the category of Restricted Data without undue risk to the common defense and security. "c. In the case of Restricted Data which the Commission and the Department of Defense jointly determine to relate primarily to the military utilization of atomic weapons, the determination that such data may be published without constituting an unreasonable risk to the common defense and security shall be made by the Commission and the Department of Defense jointly, and if 1 Public Law 95-242 (92 Stat. 127). sec. 303(a), added sec. 131. and declassification of re stricted data. 42 U.S.C. sec. 2162. 61 Stat. 498, Department International the Commission and the Department of Defense do not agree, the determination shall be made by the President. "d. The Commission shall remove from the Restricted Data category such data as the Commission and the Department of Defense jointly determine relates primarily to the military utilization of atomic weapons and which the Commission and Department of Defense jointly determine can be adequately safeguarded as defense information: Provided, however, That no such data so removed from the Restricted Data category shall be transmitted or otherwise made available to any nation or regional defense organization, while such data remains defense information, except pursuant to an agreement for cooperation entered into in accordance with subsection 144 b. "e. The Commission shall remove from the Restricted Data category such information concerning the atomic energy programs of other nations as the Commission and the Director of Central Intelligence jointly determine to be necessary to carry out the provisions of section 102(d) of the National Security Act of 1947, as amended, and can be adequately safeguarded as defense information. "SEC. 143. DEPARTMENT OF DEFENSE PARTICIPATION.— The Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee or prospective licensee of the Commission or any other person authorized access to Restricted Data by the Commission under subsections 145 b. and 145 c. 2 to permit any employee of an agency of the Department of Defense or of its contractors, or any member of the Armed Forces to have access to Restricted Data required in the performance of his duties and so certified by the head of the appropriate agency of the Department of Defense or his designee: Provided, however, That the head of the appropriate agency of the Department of Defense or his designee has determined, in accordance with the established personnel security procedures and standards of such agency, that permitting the member or employee to have access to such Restricted Data will not endanger the common defense and security: And provided further, That the Secretary of Defense finds that the established personnel and other security procedures and standards of such agency are adequate and in reasonable conformity to the standards established by the Commission under section 145. "SEC. 144. INTERNATIONAL COOPERATION.— "a. The President may authorize the Commission to 2 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 14, added the words: "or any other person authorized access to Restricted Data by the Commission under subsection 145 b." Public Law 87-206 (75 Stat. 475) (1961), sec. 5, deleted the words "subsection 145 b." and substituted in lieu thereof the words, "subsections 145 b. and 145 c.". cooperate with another nation and to communicate to that nation Restricted Data on "(1) refining, purification, and subsequent treatment of source material; "(2) civilian reactor development; "(3) production of special nuclear material; "(5) industrial and other applications of atomic "(6) research and development relating to the foregoing: Provided, however, That no such cooperation shall involve the communication of Restricted Data relating to the design or fabrication of atomic weapons: And provided further, That the cooperation is undertaken. pursuant to an agreement for cooperation entered into in accordance with section 123, or is undertaken pursuant to an agreement existing on the effective date of this Act. 3 Department. "b. The President may authorize the Department of Cooperation Defense, with the assistance of the Commission, to co- by Defense operate with another nation or with a regional defense organization to which the United States is a party, and to communicate to that nation or organization such Restricted Data (including design information) as is necessary to "(1) the development of defense plans; "(2) the training of personnel in the employment of and defense against atomic weapons and other military applications of atomic energy; "(3) the evaluation of the capabilities of potential enemies in the employment of atomic weapons and other military applications of atomic energy; and "(4) the development of compatible delivery systems for atomic weapons; whenever the President determines that the proposed cooperation and the proposed communication of the Restricted Data will promote and will not constitute an unreasonable risk to the common defense and security, while such other nation or organization is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That the cooperation is undertaken pursuant to an agreement entered into in accordance with section 123. + 4 a Public Law 85-479 (72 Stat. 276) (1958), sec. 5, amended subsec. a. of sec. 144 by inserting the word "civilian" before the words "reactor development" in clause (2) thereof. Public Law 85-479 (72 Stat. 276) (1958). sec. 6, amended sec. 144 by substituting a new subsec. b. Before amendment subsec. b. read as follows: "b. The President may authorize the Department of Defense. with the assistance of the Commission, to cooperate with another nation or with a (Continued) Restrictions. 42 U.S.C. sec. 2165. "c. In addition to the cooperation authorized in subsections 144 a. and 144 b., the President may authorize the Commission, with the assistance of the Department of Defense, to cooperate with another nation and "(1) to exchange with that nation Restricted Data concerning atomic weapons: Provided, That communication of such Restricted Data to that nation is necessary to improve its atomic weapon design, development, or fabrication capability and provided that nation has made substantial progress in the development of atomic weapons; and "(2) to communicate or exchange with that nation Restricted Data concerning research, development, or design, of military reactors, whenever the President determines that the proposed cooperation and the communication of the proposed Restricted Data will promote and will not constitute an unreasonable risk to the common defense and security, while such other nation is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That the cooperation is undertaken pursuant to an agreement entered into in accordance with section 123. "d. The President may authorize any agency of the United States to communicate in accordance with the terms and conditions of an agreement for cooperation arranged pursuant to subsection 144 a., b., or c., such Restricted Data as is determined to be transmissable under the agreement for cooperation involved.5 "SEC. 145. RESTRICTIONS.— "a. No arrangement shall be made under section 31, no contract shall be made or continued in effect under section 41, and no license shall be issued under section 103 or 104, unless the person with whom such arrange (Continued) regional defense organization to which the United States is a party, and to communicate to that nation or organization such Restricted Data as is necessary to "(1) the development of defense plans; "(2) the training of personnel in the employment of and defense against atomic weapons; and "(3) the evaluation of the capabilities of potential enemies in the employment of atomic weapons. while such other nation or organization is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That no such cooperation shall involve communication of Restricted Data relating to the design or fabrication of atomic weapons except with regard to external characteristics. including size, weight, and shape, yields and effects, and systems employed in the delivery or use thereof but not including any data in these categories unless in the joint judgment of the Commission and the Department of Defense such data will not reveal important information concerning the design or fabrication of the nuclear components of an atomic weapon: And provided further, That the cooperation is undertaken pursuant to an agreement entered Into in accordance with section 123." 5 Public Law 85-479 (72 Stat. 276) (1958), sec. 7, amended sec. 144 by adding subsecs. c. and d. |