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H.Doc.108-120 A REPORT CONSISTENT WITH THE AUTHORIZATION FOR USE OF MILITARY FORCE ...


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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).

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


    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 

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