(4) an assessment of whether any of the policies set forth this Act have, on balance, been counterproductive from the standpoint of preventing proliferation; and (5) a description of the progress made toward establishing procedures to facilitate the timely processing of requests for subsequent arrangements and export licenses in order to enhance the reliability of the United States in meeting its commitments to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies. b In the first report required by this section, the President analyze each civil agreement for cooperation negotiated suant to section 123 of the 1954 Act, and shall discuss the pe and adequacy of the requirements and obligations relating safeguards and other controls therein. ADDITIONAL REPORTS SEC. 602. (a) The annual reports to the Congress by the Comssion and the Department of Energy which are otherwise re uired by law shall also include views and recommendations regarding the policies and actions of the United States to prevent proliferation which are the statutory responsibility of those agencies. The Department's report shall include a detailed analysis of the proliferation implications of advanced enrichment and reprocessing techniques, advanced reactors, and alternative nuclear fuel cycles. This part of the report shall include a comprehensive version which includes any relevant classified information and a summary unclassified version. (b) The reporting requirements of this title are in addition to and not in lieu of any other reporting requirements under applicable law. (c) The Department of State, the Arms Control and Disarmament Agency, the Department of Commerce, the Department of Energy, and the Commission shall keep the Committees on Foreign Relations and Governmental Affairs of the Senate and the Committee on International Relations of the House of Representatives fully and currently informed with respect to their activities to carry out the purposes and policies of this Act and to otherwise prevent proliferation, and with respect to the current activities of foreign nations which are of significance from the proliferation standpoint. (d) Any classified portions of the reports required by this Act shall be submitted to the Senate Foreign Relations Committee and the House International Relations Committee. (e) Three years after enactment of this Act, the Comptroller General shall complete a study and report to the Congress on the implementation and impact of this Act on the nuclear nonproliferation policies, purposes, and objectives of this Act. The Secretaries of State, Energy, Defense, and Commerce and the Commission and the Director shall cooperate with the Comptroller General in the conduct of the study. The report shall contain such recommendations as the Comptroller General deems necessary to support the nuclear non-proliferation policies, purposes, and objectives of this Act. SAVING CLAUSE SEC. 603. (a) All orders, determinations, rules, regulations, permits, contracts, agreements, certificates, licenses, and privileges(1) which have been issued, made, granted, or allowed to become effective in the exercise of functions which are the subject of this Act, by (i) any agency or officer, or part thereof, in exercising the functions which are affected by this Act, or (ii) any court of competent jurisdiction, and Current civil analysis. agreements, Reports to Governmental Congress. nuclear nonproliferation activities. 22 U.S.C. 3282. Report to Nuclear nonCongress. proliferation policies, study. 42 U.S.C. 2153£ 42 U.S.C. 2153f. 42 U.S.C. 2121, 2164. Effective date. 22 U.S.C. 3201 note. (2) which are in effect at the time this Act takes e shall continue in effect according to their terms until modi terminated, superseded, set aside, or repealed as the case ma by the parties thereto or by any court of competent jurisdict (b) Nothing in this Act shall affect the procedures or requ ments applicable to agreements for cooperation entered into suant to sections 91 c., 144 b., or 144 c. of the 1954 Act or arrai ments pursuant thereto as it was in effect immediately prio the date of enactment of this Act. (c) Except where otherwise provided, the provisions of t Act shall take effect immediately upon enactment regardless any requirement for the promulgation of regulations to imp ment such provisions. Approved March 10, 1978. Legislative History: See appendix 3. APPENDIX 12 INTERNATIONAL SECURITY ASSISTANCE AND ARMS (90 Stat. 729) [PUBLIC LAW 94-329] [H.R. 13680] [JUNE 30, 1976] AN ACT To amend the Foreign Assistance Act of 1961 and the Foreign Military Be it enacted by the Senate and House of Representatives of the International Security Assistance and Arms Export Control Act of 1976. TITLE III-GENERAL LIMITATIONS NUCLEAR TRANSFERS SEC. 305. Chapter 3 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 669. NUCLEAR TRANSFERS.-(a) Except as provided in subsection (b), no funds authorized to be appropriated by this Act or the Arms Export Control Act may be used for the purpose of “(1) providing economic assistance; “(2) providing military or security supporting assistance or military education and training; or “(3) extending military credits or making guarantees; to any country which "(A) delivers nuclear reprocessing or enrichment equipment, materials, or technology to any other country; or "(B) receives such equipment, materials or technology from any other country; unless before such delivery "(i) the supplying country and receiving country have reached agreement to place all such equipment, materials, and technology, upon delivery, under multilateral auspices and management when available; and "(ii) the recipient country has entered into an agreement with the International Atomic Energy Agency to place all such equipment, materials, technology, and all nuclear fuel and facilities in such country under the safeguards system of such Agency. "(b) (1) Notwithstanding the provisions of subsection (a) of this section, the President may, by Executive order effective not 22 U.S.C. 2151 note. 22 U.S.C. 2429. less than 30 days following its date of promulgation, furnish assistance which would otherwise be prohibited under paragraph (1), (2), or (3) of such subsection if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that— "(A) the termination of such assistance would have a serious adverse effect on vital United States interests; and "(B) he has received reliable assurances that the country in question will not acquire or develop nuclear weapons or assist other nations in doing so. Such certification shall set forth the reasons supporting such determination in each particular case. "(2) (A) The Congress may by joint resolution terminate or restrict assistance described in paragraphs (1) through (3) of subsection (a) with respect to a country to which the prohibition in such subsection applies or take any other action with respect to such assistance for such country as it deems appropriate. "(B) Any such joint resolution with respect to a country shall, if introduced within 30 days after the transmittal of a certification under paragraph (1) with respect to such country, be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.". TITLE V-MISCELLANEOUS AUTHORIZATIONS 22 U.S.C. 2222. AUTHORIZATION FOR INTERNATIONAL ATOMIC ENERGY AGENCY SEC. 505. Section 302 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: "(i) In addition to amounts otherwise available under this section, there are authorized to be appropriated for fiscal year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be available only for the International Atomic Energy Agency to be used for the purpose of strengthening safeguards and inspections relating to nuclear fissile facilities and materials. Amounts appropriated under this subsection are authorized to remain available until expended.". APPENDIX 13 NONPROLIFERATION TREATY TREATY ON THE NONPROLIFERATION OF NUCLEAR WEAPONS The States concluding this Treaty, hereinafter referred to as the "Parties to the Treaty", Considering the devastation that would be visited upon all mankind by a nuclear war and the consequent need to make every effort to avert the danger of such a war and to take measures to safeguard the security of peoples, Believing that the proliferation of nuclear weapons would seriously enhance the danger of nuclear war, In conformity with resolutions of the United Nations General Assembly calling for the conclusion of an agreement on the prevention of wider dissemination of nuclear weapons, Undertaking to cooperate in facilitating the application of International Atomic Energy Agency safeguards on peaceful nuclear activities. Expressing their support for research, development and other efforts to further the application, within the framework of the International Atomic Energy Agency safeguards system, of the principle of safeguarding effectively the flow of source and special fissionable materials by use of instruments and other techniques at certain strategic points, Affirming the principle that the benefits of peaceful applications of nuclear technology, including any technological by-products which may be derived by nuclear-weapon States from the development of nuclear explosive devices, should be available for peaceful purposes to all Parties to the Treaty, whether nuclearweapon or non-nuclear-weapon States, Convinced that, in furtherance of this principle, all Parties to the Treaty are entitled to participate in the fullest possible exchange of scientific information for, and to contribute alone or in cooperation with other States, to the further development of the applications of atomic energy for peaceful purposes, Declaring their intention to achieve at the earliest possible date the cessation of the nuclear arms race and to undertake effective measures in the direction of nuclear disarmament, Urging the cooperation of all States in the attainment of this objective, Recalling the determination expressed by the Parties to the 1963 Treaty banning nuclear weapon tests in the atmosphere in outer space and under water in its Preamble to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time and to continue negotiations to this end, Desiring to further the easing of international tension and the strengthening of trust between States in order to facilitate the cessation of the manufacture of nuclear weapons, the liquidation of all their existing stockpiles, and the elimination from national arsenals of nuclear weapons and the means of their delivery pursuant to a treaty on general and complete disarmament under strict and effective international control. Recalling that, in accordance with the Charter of the United Nations, States must refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations, and that the establishment and maintenance of international peace and security are to be promoted with the least diversion for armaments of the world's human and economic resources, Have agreed as follows: |