SEABEDS TREATY-LIST OF COUNTRIES SIGNING WITH DATES OF SIGNATURE AND OF DEPOSIT (IF APPLICABLE) AS OF MAY 17, 1974-Continued

Signature and deposit at Washington, D.C., Feb 11, 1971, unless otherwise indicated by (M) which denotes Moscow or (L) which denotes London]

APPENDIX Z

INTERIOR DEPARTMENT'S PARTICIPATION IN MWD DESALTING PROJECT

(81 Stat. 16)

[PUBLIO LAW 90-18]

[90TH CONGRESS-S. 270]

[MAY 19, 1967]

AN ACT To provide for the participation of the Department of the Interior in the construction and operation of a large prototype desalting plant, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized to participate in the development of technology for a large-scale desalting plant by providing financial, technical, or other assistance to the Metropolitan Water District of Southern California for the design, development, construction, and operation of a water treatment and desalting plant to be constructed as a part of a dual-purpose electrical power generation and desalting project in the southern California area.

SEC. 2. Before providing any assistance as authorized by this Act, the Secretary shall first determine that the value of the anticipated technical knowledge and experience in desalting to be derived from his participation in the construction and operation of this facility will be not less than the amount of such assistance. SEC. 3. In order to provide the assistance authorized by this Act, the Secretary may, without regard to the provisions of Revised Statutes 3648, enter into a contract with the Metropolitan Water District of Southern California containing such terms and conditions as he deems appropriate and covering such periods of time as he may consider necessary but under which the liability of the United States shall be contingent upon appropriations being available therefor. No such contract, however, shall be executed by the Secretary until 45 calendar days after it has been transmitted to the President of the Senate and the Speaker of the House of Representatives, which 45 days shall not include days on which either the Senate or the House of Representatives is not in session because of an adjournment for more than three days to a day certain or an adjournment sine die. The contract shall provide that any financial assistance by the United States under this Act toward the construction of the Bolsa Island or the facilities thereon shall be contingent upon the parties concerned obtaining, prior to the start of -construction of the Bolsa Island, a construction permit from the United States Atomic Energy Commission for the construction of the nuclear reactors on the said island. The contract shall also provide that the United States, its officers and employees shall have a permanent right to access to said island and the desalting project located thereon for all official purposes.

SEC. 4. The Secretary of the Interior shall report to the President of the Senate and the Speaker of the House of Representatives on or before March 1 of each year on his operations under this Act and on the results obtained by the United States from participation in the desalting and electrical power generation project pursuant to this Act.

SEC. 5. To carry out the purposes of this Act, there are authorized to be appropriated not to exceed $57,200,000, which shall remain available until expended.

Approved May 19, 1967.

LEGISLATIVE HISTORY

House Report No. 180 accompanying H.R. 207 (Committee on Interior and Insular Affairs).

Senate Report No. 49 (Committee on Interior and Insular Affairs).

Congressional Record, Volume 113 (1967):

February 6: Considered and passed Senate.

April 20: Considered and passed House, amended, in lieu of H.R. 207.
May 8: Senate concurred in House amendment.

APPENDIX AA

EXECUTIVE ORDERS CONCERNING INTERNATIONAL ATOMIC COOPERATION

EXECUTIVE ORDER 10841

PROVIDING FOR THE CARRYING OUT OF CERTAIN PROVISIONS OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, RELATING TO INTERNATIONAL COOPERATION

By virtue of the authority vested in me by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), hereinafter referred to as the Act, and section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:

SECTION 1. Whenever the President, pursuant to section 123 of the Act has approved and authorized the execution of a proposed agreement providing for cooperation pursuant to section 91c, 144a, 144b, or 144c of the Act (42 U.S.C. 2121 (c), 2164(a), 2164(b), 2164(c)), such approval and authorization by the President shall constitute his authorization to cooperate to the extent provided for in the agreement and in the manner provided for in section 91c, 144a, 144b, or 144c, as pertinent. In respect of sections 91c, 144b, and 144c, authorizations by the President to cooperate shall be subject to the requirements of section 123d of the Act and shall also be subject to appropriate determinations made pursuant to section 2 of this order.

SEC. 2. (a) The Secretary of Defense and the Atomic Energy Commission are hereby designated and empowered to exercise jointly, after consultation with executive agencies as may be appropriate, the following-described authority without the approval, ratification, or other action of the President:

(1) The authority vested in the President by section 91c of the Act to determine that the proposed cooperation and each proposed transfer arrangement referred to in that section will promote and will not constitute an unreasonable risk to the common defense and security.

(2) The authority vested in the President by section 144b of the Act to determine that the proposed cooperation and the proposed communication of Restricted Data referred to in that section will promote and will not constitute an unreasonable risk to the common defense and security.

(3) The authority vested in the President by section 144c of the Act to determine that the proposed cooperation and the communication of the proposed Restricted Data referred to in that section will promote and will not constitute an unreasonable risk to the common defense and security.

(b) Whenever the Secretary of Defense and the Atomic Energy Commission are unable to agree upon a joint determination under the provisions of subsection (a) of this section, the recommendations of each of them, together with the recommendations of other agencies concerned, shall be referred to the President, and the determination shall be made by the President.

SEC. 3. This order shall not be construed as delegating the function vested in the President by section 91c of the Act of approving programs proposed under that section.

SEC. 4. (a) The functions of negotiating and entering into international agreements under the Act shall be performed by or under the authority of the Secretary of State.

(b) International cooperation under the Act shall be subject to the responsibilities of the Secretary of State with respect to the foreign policy of the United States pertinent thereto.

THE WHITE HOUSE.

DWIGHT D. EISENHOWER.

September 30, 1959.

EXECUTIVE ORDER 10899

AUTHORIZATION FOR THE COMMUNICATION OF RESTRICTED DATA BY THE CENTRAL INTELLIGENCE AGENCY

By virtue of the authority vested in me by the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act; 42 U.S.C. 2011 et seq.), and as President of the United States, it is ordered as follows:

The Central Intelligence Agency is hereby authorized to communicate for intelligence purposes, in accordance with the terms and conditions of any agreement for cooperation arranged pursuant to subsections 144 a, b, or c of the Act (42 U.S.C. 2162 (a), (b), or (c), such Restricted Data and data removed from the Restricted Data category under subsection 142d of the Act (42 U.S.C. 2162 (d)) as is determined

(i) by the President, pursuant to the provisions of the Act, or

(ii) by the Atomic Energy Commission and the Department of Defense, jointly pursuant to the provisions of Executive Order No. 10841,

to be transmissible under the agreement for cooperation involved. Such communications shall be effected through mechanisms established by the Central Intelligence Agency in accordance with the terms and conditions of the agreement for cooperation involved: Provided, that no such communication shall be made by the Central Intelligence Agency until the proposed communication has been authorized either in accordance with procedures adopted by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by those agencies, or in accordance with procedures approved by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by the Central Intelligence Agency. DWIGHT D. EISENHOWER.

THE WHITE HOUSE,

December 9, 1960

EXECUTIVE ORDER 10956

AMENDMENT OF EXECUTIVE ORDER NO. 10841, RELATING TO INTERNATIONAL OPERATION UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

CO

By virtue of the authority vested in me by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), and section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:

Executive Order No. 10841 of September 30, 1959, entitled "Providing for the Carrying Out of Certain Provisions of the Atomic Energy Act of 1954, as Amended, Relatiing to International Cooperation," is hereby amended by changing the period at the end of paragraph (2) of section 2(a) thereof to a colon and adding to such paragraph the following: "Provided, that each determination made under this paragraph shall be referred to the President and, unless disapproved by him, shall become effective fifteen days after such referral or at such later time as may be specified in the determination."

THE WHITE HOUSE,

August 10, 1961.

JOHN F. KENNEDY.

EXECUTIVE ORDER 11057

AUTHORIZATION FOR THE COMMUNICATION OF RESTRICTED DATA BY THE DEPARTMENT OF STATE

By virtue of the authority vested in me by the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act; 42 U.S.C. 2011 et seq.), and as President of the United States, it is ordered as follows:

The Department of State is hereby authorized to communicate, in accordance with the terms and conditions of any agreement for cooperation arranged pursuant to subsection 144b of the Act (42 U.S.C. 2164(b)), such Restricted Data and data removed from the Restricted Data category under subsection 142d of the Act (42 U.S.C. 2162 (d)) as is determined

(i) by the President, pursuant to the provisions of the Act, or

(ii) by the Atomic Energy Commission and the Department of Defense, jointly pursuant to the provisions of Executive Order No. 10841, as amended, to be transmissible under the agreement for cooperation involved. Such communications shall be effected through mechanisms established by the Department of State in accordance with the terms and conditions of the agreement for cooperation involved: Provided, that no such communication shall be made by the Department of State until the proposed communication has been authorized either in accordance with procedures adopted by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by those agencies, or in accordance with procedures approved by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by the Department of State.

THE WHITE HOUSE,

JOHN F. KENNEDY.

October 18, 1962.

EXECUTIVE ORDER 11902

PROCEDURES FOR AN EXPORT LICENSING POLICY AS TO NUCLEAR MATERIALS AND EQUIPMENT

The Energy Reorganization Act of 1974 transferred to the United States Nuclear Regulatory Commission the licensing and related regulatory functions previously exercised by the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended.

The exercise of discretion and control over nuclear exports within the limits of law concerns the authority and responsibility of the President with respect to the conduct of foreign policy and the ensuring of the common defense and security.

It is essential that the Executive branch inform the Nuclear Regulatory Commission of its views before the Commission issues or denies a license, or grants an exemption.

Now, therefore, by virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), and as President of the United States of America, it is hereby ordered as follows:

SECTION 1. (a) The Secretary of State is designated to receive from the Nuclear Regulatory Commission a copy of each export license application, each proposal by the Nuclear Regulatory Commission to issue a general license for export, and each proposal by the Nuclear Regulatory Commission for exemption from the requirement for a license, which may involve a determination, pursuant to the Atomic Energy Act of 1954, as amended, that the issuance of the license or exemption from the requirement for a license will, or will not, be inimical to or constitute an unreasonable risk to the common defense and security.

(b) The Secretary of State shall ensure that a copy of each such application. proposed general license, or proposed exemption is received by the Secretary of Defense, the Secretary of Commerce, the Administrator of the United States Energy Research and Development Administration, hereinafter referred to as the Administrator, the Director of the Arms Control and Disarmament Agency, hereinafter referred to as the Director, and the head of any other department or agency which may have an interest therein, in order to afford them the opportunity to express their views, if any, on whether the license should be issued or the exemption granted.

SEC. 2. Within thirty days of receipt of a copy of a license application, proposed general license, or proposed exemption, the Secretary of Defense, the Secretary of Commerce, the Administrator, the Director, and the head of any other agency or department to which such copy has been transmitted, shall each transmit to the Secretary of State his views, if any, on whether and under what conditions the license should be issued or the exemption granted.

SEC. 3. The Secretary of State shall, after the provisions of section 2 of this order have been complied with, transmit to the Secretary of Defense, the Secre tary of Commerce, the Administrator, the Director, and the head of any other department or agency who has expressed his views thereon, a proposed position of the Executive branch as to whether the license should be issued or the exemption granted, including a proposed judgment as to whether issuance of the license or granting of the exemption will, or will not, be inimical to or constitute an unreasonable risk to the common defense and security.