[House Document 108-119]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - House Document 108-119
A PROPOSED AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES THE
CZECH REPUBLIC, THE REPUBLIC OF HUNGARY, THE REPUBLIC OF POLAND AND
SPAIN
__________
COMMUNICATION
FROM
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
THE TEXT OF A PROPOSED AGREEMENT FOR COOPERATION WITHIN THE CONTEXT OF
THE NORTH ATLANTIC TREATY ORGANIZATION (NATO) BETWEEN THE UNITED STATES
AND THE CZECH REPUBLIC, THE REPUBLIC OF HUNGARY, THE REPUBLIC OF POLAND
AND SPAIN, PURSUANT TO 42 U.S.C. 2153(b).
September 3, 2003.--Referred to the Committee on International
Relations and ordered to be printed
The White House,
Washington, August 4, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: I am pleased to transmit to the Congress,
consistent with sections 123 and 144 b. of the Atomic Energy
Act, as amended (42 U.S.C. 2153 and 2164(b)), the text of the
Agreement between the Parties to the North Atlantic Treaty for
Co-operation Regarding Atomic Information, including a
technical annex and security annex (hereinafter collectively
referred to as the ATOMAL Agreement), as a proposed agreement
for cooperation within the context of the North Atlantic Treaty
Organization (NATO) between the United States of America and
each of the following four members of NATO: the Czech Republic,
the Republic of Hungary, the Republic of Poland, and Spain,
hereinafter the ``New Parties.'' I am also pleased to transmit
my written approval, authorization and determination concerning
the ATOMAL Agreement with respect to the New parties. The
ATOMAL Agreement entered into force on March 12, 1965, with
respect to the United States and the other NATO members at that
time. The New Parties have signed this agreement and have
indicated their willingness to be bound by it. The ATOMAL
Agreement with respect to the New parties meets with
requirements of the Atomic Energy Act of 1954, as amended.
While the ATOMAL Agreement continues in force with respect to
its original parties, for the United States it will not become
effective as an agreement for cooperation authorizing the
exchange of atomic information with respect to the New Parties
until completion of procedures prescribed by sections 123 and
144 b. of the Atomic Energy Act of 1954, as amended.
For more than 35 years, the ATOMAL Agreement has served as
the framework within which NATO and the other NATO members
party to this agreement have received the information that is
necessary to an understanding and knowledge of and
participation in the political and strategic consensus upon
which the collective military capacity of the Alliance depends.
This agreement permits only the transfer of atomic information,
not weapons, nuclear material or equipment. Participation in
the ATOMAL Agreement will give the Czech Republic, the Republic
of Hungary, the Republic of Poland, and Spain the same standing
within the Alliance with regard to nuclear matters as that of
the other NATO members. This is important for the cohesiveness
of the Alliance and will enhance its effectiveness.
I have considered the views and recommendations of the
Department of Defense and other interested agencies in
reviewing the ATOMAL Agreement and have determined that its
performance, including the proposed cooperation and the
proposed communication of Restricted Data thereunder, with
respect to the New Parties will promote, and will not
constitute an unreasonable risk to, the common defense and
security. Accordingly, I have approved the ATOMAL Agreement
with respect to the New Parties and authorized the Department
of Defense to cooperate with the New Parties in the context of
NATO upon satisfaction of the requirements of section 123 of
the Atomic Energy Act of 1954, as amended.
In accordance with the Atomic Energy Act of 1954, as
amended, I am submitting to each house of Congress an
authoritative copy of the ATOMAL Agreement as signed by each of
the New Parties, together with a copy of the letter from the
Secretary of Defense recommending my approval of the ATOMAL
Agreement with respect to the New parties and a copy of my
approval letter. The 60-day continuous session period provided
for in section 123 begins upon receipt of this submission.
Sincerely,
George W. Bush.
The White House,
Washington, August 4, 2003.
Memorandum for the Secretary of Defense
Subject: Provision of Atomic Information to the Czech Republic, the
Republic of Hungary, the Republic of Poland, and Spain
In your memorandum to me of July 18, 2003, you recommended
that I approve pursuant to sections 123 and 144b. of the Atomic
Energy Act of 1954, as amended, an agreement for cooperation
within the context of the North Atlantic Treaty Organization
(NATO) as between the Government of the United States and the
following four members of NATO: the Czech Republic, the
Republic of Hungary, the Republic of Poland, and Spain,
hereinafter the ``New Parties.'' The subject agreement is the
Agreement between the Parties to the North Atlantic Treaty for
Co-operation Regarding Atomic Information, including a
technical annex and security annex (hereinafter collectively
referred to as the ATOMAL Agreement), which entered into force
on March 12, 1965, with respect to the United States and the
other members of NATO at that time.
Having considered your recommendations and the cooperation
provided for in the ATOMAL Agreement with respect to the New
Parties, in accordance with sections 123 and 144b. of the
Atomic Energy Act of 1954, as amended, I hereby:
a. Determine that the performance of the ATOMAL Agreement,
including the proposed cooperation and the proposed
communication of Restricted Data thereunder, with respect to
the New Parties, will promote the common defense and security,
and will not constitute an unreasonable risk to those
interests.
b. Approve the ATOMAL Agreement with respect to the New
Parties.
c. Authorize the Department of Defense to cooperate with
the New Parties to the ATOMAL Agreement in the context of NATO
upon satisfaction of the requirements of section 123 of the
Atomic Energy Act of 1954, as amended.
George W. Bush.
The Secretary of Defense,
Washington, DC, July 18, 2003.
Memorandum for the President
Through: Assistant to the President for National Security Affairs
Subject: Provision of Atomic Information to the Czech Republic, the
Republic of Hungary, the Republic of Poland, and Spain
I hereby submit for your consideration and approval
pursuant to sections 123 and 144 b. of the Atomic Energy Act of
1954, as amended, an agreement for cooperation authorizing the
exchange of atomic information within the context of the North
Atlantic Treaty Organization (NATO) as between the United
States and the following four members of NATO: the Czech
Republic, the Republic of Hungary, the Republic of Poland, and
Spain, hereinafter the ``New Parties.'' The attached Agreement
is the Agreement between the Parties to the North Atlantic
Treaty for Co-operation Regarding Atomic Information, including
a technical annex and a security annex (hereinafter
collectively referred to as the ATOMAL Agreement), which
entered into force on March 12, 1965, with respect to the
United States and the other NATO members at that time. This
agreement continues in force with respect to the original
parties and is being submitted now only with respect to the New
Parties. The ATOMAL Agreement will not become effective as an
agreement for cooperation under U.S. law with respect to the
New Parties until completion of procedures prescribed by
sections 123 and 144 b. of the Atomic Energy Act of 1954, as
amended. (One of those prescribed procedures is authorization
of execution of the agreement; the ATOMAL Agreement having been
executed by the United States in 1964, there is no need to
approve its execution by the United States now).
THe ATOMAL Agreement authorizes communication by the
Government of the United States to NATO and its member states
of such atomic information as is determined by the Government
of the United States of America to be necessary to:
a. the development of defense plans;
b. the training of personnel in the employment of and
defense against atomic weapons and other military
applications of atomic energy;
c. the evaluation of the capabilities of potential
enemies in the employment of atomic weapons and other
military applications of atomic energy; and
d. the development of delivery systems compatible
with the atomic weapons which they carry.
``Atomic information'' is defined in Article IX of the
ATOMAL Agreement as ``information which is designated
`Restricted Data' or `Formerly Restricted Data' by the
Government of the United States of America.'' For more than 35
years, the ATOMAL Agreement has served as the framework within
which NATO and the other NATO members party to this agreement
have received the information that is necessary to an
understanding and knowledge of, and participation in, the
political and strategic consensus upon which the collective
military capacity of the alliance depends.
No member of NATO may receive atomic information from the
United States unless it is also a party to the ATOMAL
Agreement. When that agreement was concluded in 1964, all of
the members of NATO at that time became parties. The ATOMAL
Agreement contains no accession clause. It, in effect,
constitutes a bilateral section 144 b. agreement between the
United States and each of the other signatories in the context
of NATO. Accordingly, signature of the ATOMAL Agreement by any
new member of NATO, in effect, would create a new bilateral
agreement between the United States and that country that would
have to be submitted to Congress in accordance with section 123
as a new agreement for cooperation between the United States
and the new member in the context of NATO. Since conclusion of
the ATOMAL Agreement in 1964, the Czech Republic, the Republic
of Hungary, the Republic of Poland, and Spain have become
members of NATO, have now signed that agreement and have
indicated their willingness to be bound by it. Their
participation in the ATOMAL Agreement will give them the same
standing within the alliance with regard to nuclear matters as
that of the other members. In order to authorize communication
of atomic information to those four countries on the same basis
as the original parties to the ATOMAL Agreement, I recommend
that you submit to Congress, for a period of sixty days of
continuous session pursuant to section 123 of the Act, the
ATOMAL Agreement as an agreement for cooperation between the
United States and each of the New Parties.
The ATOMAL Agreement, which was in compliance with the
substantive requirements of section 123 when it originally
entered into force, continues to be in compliance with the
substantive requirements of section 123 as it has since been
amended. This agreement permits only the transfer of
information, not weapons, nuclear material or equipment. Since
only atomic information is transferred pursuant to this
agreement, the only relevant substantive provision of section
123 relates to restrictions on retransfer of Restricted Data.
Section 123 a.(5) of the Atomic Energy Act of 1954, as amended,
requires for an agreement for cooperation ``a guaranty by the
cooperating party that any . . . Restricted Data transferred
pursuant to the agreement for cooperation . . . will not be
transferred to unauthorized persons or beyond the jurisdiction
or control of the cooperating party without the consent of the
United States.'' This requirement is met in this Agreement by
the commitments set forth in the following paragraphs of
Article V of the ATOMAL Agreement:
4. Atomic information communicated or exchanged pursuant to
this Agreement shall not be communicated or exchanged by the
North Atlantic Treaty Organization or persons under its
jurisdiction to any unauthorized persons or, except as provided
in paragraph 5 of this article, beyond the jurisdiction of that
Organization.
5. Unless otherwise specified by the Government of the
United States of America, United States atomic information
provided to the North Atlantic Treaty Organization may be
communicated by the North Atlantic Treaty Organization to its
member states as necessary to carry out functions related to
NATO missions, provided that dissemination of such atomic
information within such member states is limited to those
specific individuals concerned with the NATO missions for which
the information is required. Member states agree that atomic
information so received from the North Atlantic Treaty
Organization or otherwise pursuant to this Agreement will not
be transferred to unauthorized persons or beyond the
jurisdiction of the recipient member state; however, such
information may be communicated to the North Atlantic Treaty
Organization or, when authorized by the Government of the
United States of America, to other member states requiring the
information for functions related to NATO missions.
In the last sentence of paragraph 5, member states agree
not to transfer atomic information received pursuant to this
agreement to unauthorized persons or beyond the jurisdiction of
the recipient member state. Although they additionally are
expressly permitted in that sentence to communicate such
information to NATO, they may communicate it to other member
states only ``when authorized by the Government of the United
States of America.'' With respect to NATO, the first sentence
of paragraph 5 allows the United States to specify that NATO
may not communicate United States atomic information to any
particular member state or states. Thus, an effect of paragraph
5 is to allow the United States to specify that no atomic
information may be transferred to any member of NATO that is
not a party to the ATOMAL Agreement either by NATO or duly
authorized member state recipients except with United States
authorization. Furthermore, Article VI of the ATOMAL Agreement
allows the United States, notwithstanding any other provision
of the Agreement, to restrict dissemination of any atomic
information that it provides. These provisions meet the
requirement of section 123 a.(5) of the Atomic Energy Act, as
amended, because the United States can, and must specify that
no atomic information may be transferred to any NATO member
until it becomes a party to the ATOMAL Agreement. (As noted
above, ``atomic information'' includes both Restricted Data and
Formerly Restricted Data.)
The New Parties, in participating with the Government of
the United States in NATO, are making substantial and material
contributions to the mutual defense and security. It is the
view of the Department of Defense that the addition of the New
Parties to the ATOMAL Agreement is entirely in accord with the
provisions of the Atomic Energy Act of 1954, as amended. It is
the considered opinion of the Department of Defense that the
performance of the ATOMAL Agreement with the New Parties will
promote and will not constitute an unreasonable risk to the
common defense and security. Accordingly, in accordance with
sections 123 and 144 b. of the Atomic Energy Act of 1954, as
amended, I recommend that you sign the determination, approval,
and authorization at attachment 1, whereby you:
a. Determine that the performance of the ATOMAL
Agreement, including the proposed cooperation and the
proposed communication of Restricted Data thereunder,
with respect to the New Parties will promote, and will
not constitute an unreasonable risk to, the common
defense and security;
b. Approve the ATOMAL Agreement with respect to the
New Parties; and
c. Authorize the Department of Defense to cooperate
with the New Parties to the ATOMAL Agreement in the
context of NATO upon satisfaction of the requirements
of section 123 of the Atomic Energy Act of 1954, as
amended.
I further recommend that you sign the proposed transmittal
to the Congress at Attachment 2. The U.S. Department of State
and the U.S. Department of Energy concur in the foregoing
recommendations.
Donald H. Rumsfeld.