Defense relating to the development, utilization, or application of atomic energy. Any Government agency shall furnish any information requested by the Joint Committee with respect to the activities or responsibilities of that agency in the field of atomic energy. All bills, resolutions, and other matters in the Senate or the House of Representatives relating primarily to the Commission or to the development, use, or control of atomic energy shall be referred to the Joint Committee. The members of the Joint Committee who are Members of the Senate shall from time to time report to the Senate, and the members of the Joint Committee who are Members of the House of Representatives shall from time to time report to the House, by bill or otherwise, their recommendations with respect to matters within the jurisdiction of their respective Houses which are referred to the Joint Committee or otherwise within the jurisdiction of the Joint Committee.

[Sections 203-207 deal with Chairman, Powers, Staff and Assistance, Classification of Information, and Records.]

"CHAPTER 18. ENFORCEMENT

[Sections 221-231 deal with General Provisions, Violation of Specific Sections, Violation of Sections Generally, Communication of Restricted Data, Receipt of Restricted Data, Tampering with Restricted Data, Disclosure of Restricted Data, Statute of Limitations, Other Laws, Injunction Proceedings, and Contempt Proceedings.]

"CHAPTER 19. MISCELLANEOUS

[Sections 241, 251, 261, 271-273, 281, and 291 deal with Transfer of Property, Report to Congress, Appropriations, Agency Jurisdiction, Applicability of Federal Power Act, Licensing of Government Agencies, Separability, and Short Title.]

Approved August 30, 1954, 9:44 a. m., E.D.T.

38. ATOMIC INFORMATION FOR MUTUAL DEFENSE: Agreement Between the Governments of the United States and the United Kingdom, June 15, 1955 1

The Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland,

Recognizing that their mutual security and defense requires that they be prepared to meet the contingencies of atomic warfare,

Recognizing that their common interests will be advanced by the exchange of information pertinent thereto,

1 TIAS 3322 (6 UST 2721); entered into force July 21, 1955. Similar agreement with Canada on the same date, TIAS 3305 (6 USŤ 2607).

Believing that the exchange of such information can be undertaken without threat to the security of either country, and

Taking into consideration the United States Atomic Energy Act of 1954, which was prepared with these purposes in mind, Agree as follows:

ARTICLE I

1. While the United States and the United Kingdom are participating in international arrangements for their mutual defense and security and making substantial and material contribution thereto, each Government will from time to time make available to the other Government atomic information which the Government making such information available deems necessary to:

(a) the development of defense plans;

(b) the training of personnel in the employment of and defense against atomic weapons; and

(c) the evaluation of the capabilities of potential enemies in the employment of atomic weapons.

2. Atomic information which is transferred by either Government pursuant to this Agreement shall be used by the other Government exclusively for the preparation and implementation..of defense plans in the mutual interests of the two countries.

ARTICLE II

1. All transfers of atomic information to the United Kingdom by the United States pursuant to this Agreement will be made in compliance with the provisions of the United States Atomic Energy Act of 1954 and any subsequent applicable United States legislation. All transfers of atomic information to the United States by the United Kingdom pursuant to this Agreement will be made in compliance with the United Kingdom Official Secrets Acts, 1911-1939, and the United Kingdom Atomic Energy Act of 1946.

2. Under this Agreement there will be no transfers by the United States or the United Kingdom of atomic weapons or special nuclear material, as these terms are defined in Section 11 d. and Section 11 t. of the United States Atomic Energy Act of 1954.

ARTICLE III

1. Atomic information made available pursuant to this Agree ment shall be accorded full security protection under applicable security arrangements between the United States and the United Kingdom and applicable national legislation and regulations of the two countries. In no case shall either Government maintain security standards for safeguarding atomic information made available pursuant to this Agreement lower than those set forth in the applicable

1 Act of Aug. 30, 1954; supra.

security arrangements in effect on the date this Agreement comes into force.

2. Atomic information which is exchanged pursuant to this Agreement will be made available through channels existing or hereafter agreed for the exchange of classified defense information between the two Governments.

3. Atomic information received pursuant to this Agreement shall not be transferred by the recipient Government to any unauthorized person or, except as provided in Article V of this Agreement, beyond the jurisdiction of that Government. Each Government may stipulate the degree to which any of the categories of information made available to the other Government pursuant to this Agreement may be disseminated, may specify the categories of persons who may have access to such information, and may impose such other restrictions on the dissemination of such information as it deems necessary.

ARTICLE IV

As used in this Agreement, "atomic information" means:

(a) so far as concerns the information provided by the United States, Restricted Data, as defined in Section 11 r. of the United States Atomic Energy Act of 1954, which is permitted to be communicated pursuant to the provisions of Section 144 b. of that Act, and information relating primarily to the military utilization of atomic weapons which has been removed from the Restricted Data category in accordance with the provisions of Section 142 d. of the United States Atomic Energy Act of 1954; (b) so far as concerns the information provided by the United Kingdom, information exchanged under this Agreement which is either classified atomic energy information or other United Kingdom defense information which it is decided to transfer to the United States in pursuance of Article I of this Agreement.

ARTICLE V

Nothing herein shall be interpreted or operate as a bar or restriction to consultation and cooperation by the United States or the United Kingdom with other nations or regional organizations in any fields of defense. Neither Government, however, shall communicate atomic information made available by the other Government pursuant to this Agreement to any nation or regional organization unless the same information has been made available to that nation or regional organization by the other Government in accordance with its own legislative requirements and except to the extent that such communication is expressly authorized by such other Government.

ARTICLE VI

This Agreement shall enter into force on the date on which each Government shall receive from the other Government written notifica

tion that it has complied with all statutory and constitutional requirements for the entry into force of such an Agreement, and shall remain in effect, until terminated by mutual agreement of both Governments. DONE at Washington this Fifteenth day of June 1955 in two original texts.

39. ATOMIC INFORMATION FOR MUTUAL DEFENSE: Agreement Between the United States and the Other Parties to the North Atlantic Treaty, June 22, 1955 1

PREAMBLE

The Parties to the North Atlantic Treaty, signed at Washington on 4th April, 1949,

Recognising that their mutual security and defence requires that they be prepared to meet the contingencies of atomic warfare, and Recognising that their common interests will be advanced by making available to the North Atlantic Treaty Organization information pertinent thereto, and

Taking into consideration the United States Atomic Energy Act of 1954,2 which was prepared with these purposes in mind,

Acting on their own behalf and on behalf of the North Atlantic Treaty Organization,

Agree as follows:

ARTICLE I

1. While the North Atlantic Treaty Organization continues to make substantial and material contributions to the common defence efforts, the United States will from time to time make available to the North Atlantic Treaty Organization, including its civil and military agencies and commands, atomic information which the Government of the United States of America deems necessary to:

(a) the development of defence plans;

(b) the training of personnel in the employment of and defence against atomic weapons; and

(c) the evaluation of the capabilities of potential enemies in the employment of atomic weapons.

2. As used in this Agreement so far as concerns information provided by the United States, "atomic information" means Restricted Data, as defined in Section 11 r of the United States Atomic Energy Act of 1954, which is permitted to be communicated pursuant to the provisions of Section 144 b of that Act, and information relating primarily

1 TIAS 3521 (7 UST 397); entered into force Mar. 29, 1956. The agreement was forwarded to the President under cover of a letter from the Secretary of Defense, Apr. 2, 1955 (Department of State Bulletin, Apr. 25, 1955, pp. 686-687); the President approved the agreement in his letter to the chairman of the Joint Committee on Atomic Energy, Apr. 13, 1955 (ibid., p. 686).

2 Supra, doc. 37.

to the military utilisation of atomic weapons which has been removed from the Restricted Data category in accordance with the provisions of Section 142 d of the United States Atomic Energy Act of 1954.

3. All transfers by the Government of the United States of America of atomic information will be made in compliance with the provisions of the United States Atomic Energy Act of 1954, and subsequent applicable United States legislation. Under this Agreement there will be no transfers of atomic weapons or special nuclear material, as these terms are defined in Section 11 d and Section 11 t of the United States Atomic Energy Act of 1954. (The Sections of the United States Atomic Energy Act of 1954 referred to in paragraphs 2 and 3 of this Article are attached).1

ARTICLE II

1. Atomic information which is transferred to the North Atlantic Treaty Organization will be made available through the channels. now existing for providing classified military information to the North Atlantic Treaty Organization.

2. Only those persons within the North Atlantic Treaty Organization whose duties require access to atomic information may be the original recipients of such information. Atomic information will be authorised for dissemination within the North Atlantic Treaty Organization only to persons whose North Atlantic Treaty Organization responsibilities require them to have access to such information. Information will not be transferred by the North Atlantic Treaty Organization to unauthorised persons or beyond the jurisdiction of that Organization. The Government of the United States of America may stipulate the degree to which any of the categories of information made available by it may be disseminated, may specify the categories of persons who may have access to such information, and may impose such other restrictions on the dissemination of information as it deems necessary.

ARTICLE III

1. Atomic information will be accorded full security protection under applicable North Atlantic Treaty Organization regulations and procedures, and where applicable, national legislation and regulations. In no case will recipients maintain security standards for the safeguarding of atomic information lower than those set forth in the pertinent North Atlantic Treaty Organization security regulations in effect on the date this Agreement comes into force.

ARTICLE IV

1. Atomic information which is transferred by the Government of the United States of America pursuant to Article I of this Agreement shall be used exclusively for the preparation of and in implementation of North Atlantic Treaty.Organization defence plans.

2. The North Atlantic Treaty Organization will from time to time

1 Not reprinted here.

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