JOURNAL - OFFICE OF LEGISLATIVE COUNSEL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100210003-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 45
• Document Creation Date: December 19, 2016
• Document Release Date: January 18, 2006
• Sequence Number: 3
• Publication Date: June 28, 1976
• Content Type: NOTES

CIA 4 N*50Wor eA 12 06/02/07: CIA-RDP77M00144R00110021 03-7
Journal -- Office of Legislative Counsel
Monday - 28 June 1976
Page 2
5. (Unclassified - THW) LIAISON I called Representative
Stephen J. Solari (D., N. Y.) and spoke to him about the briefing for
himself and Representative Michael Harrington (D., Mass.) set for
30 June. (See Memorandum for the Record.)
6. (Unclassified - THW) LIAISON I called Jack Brady, on the
staff of the House International Relations Committee, and refreshed. his
memory regarding the request of Cliff Hackett also on the Committee
staff, to see a sensitive document After discussing
the matter with Brady, it was decided that I would call Hackett and tell
him that the document was a working paper and contained information
revealing intelligence sources which the Director had a responsibility
to protect and therefore we could not provide Hackett with, the document.
If necessary, I will also state that the matter had been discussed with
Brady.
7. (Unclassified - RLB) LEGISLATION Spoke. with Dr. Benjamin
Cooper, Professional Staff Member, Senate Interior and Insular Affairs
Committee, regarding conference deliberations on the Federal Energy
Administration Extension Act. Dr. Cooper said that due to a number
of complications the conferees had not yet focused on Title 5 of the bill;
Title 5 would establish an Office of Energy Information within the FEA.
that could draw on energy-related information of other Federal agencies.
Since under current law FEA's legislative charter expires on. 30 June; the
Congress may opt for a bill extending the Agency for 30 days, in which case
disposition of the provisions in Title 5 in which we are interested would be
put off probably until after the July recess.
8. (Unclassified - WPB) LEGISLATION Bill Shattuck, Counsel
to the Subcommittee on Administrative Law and Governmental Relations,
I-louse Judiciary Committee, called to let me know that Representative
Paul McCloskey (R. , Calif.) was planning on introducing an. amendment to
the Government in the Sunshine bill changing the language to the (b)(3)
exemption in the Freedom of Information Act. He read me the language
over the phone, and I told him I would get back to him tomorrow..
CIA INTERNAL USE ONLY,
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For EVI~EOqJ( ,?/PLL?B~77ANQ?Nt4001100210003-7
WASHINGTON, D.C. 20505
2 4 JUN 1976
Mr. James M. Frey
Assistant Director for Legislative Reference
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Frey:
I am writing to offer certain comments regarding S. 1439, a bill
which reorganizes the export functions of the Government with respect
to non-military nuclear equipment and technology. This legislation was
reported favorably with amendment by the Senate Government Operations
Committee on 13 May 1976 and was referred jointly to the Senate Foreign
Relations Committee and Joint Committee on Atomic Energy for a period of
60 days.
The Central Intelligence Agency is not directly concerned with the
activities covered in S. 1439. However, there are at least five provisions
in the bill under which the Agency may be called upon to provide foreign
intelligence information to other Executive branch components. These include;
a. Paragraphs (1) and (2) of Section 4(c). These para.-
graphs require the Secretary of State to provide the Nuclear
Regulatory Commission with certain data and recommendations
which the Secretary is authorized to obtain from other
Government agencies.
b. Paragraph (4) of Section 6(c). This paragraph authorizes
the Commission to furnish Congress a complete record pertaining
to export license applications and all data, findings and recom-
mendations furnished to the Commission by the Secretary of State
and other Executive agencies.
c. Section 7. This section authorizes 'the Arms Control
and Disarmament Agency to prepare and to furnish the Commission,
the Secretary of State, and the Congress a "Nuclear Proliferation
Assessment Statement" with respect to certain strategically signi-
ficant agreements and arrangements relating to non-military
nuclear energy facilities and technology.
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00l44R001100210003-7
d. Section 8(c). This section directs the President to
review all activities of Government agencies relating to limiting
the spread of nuclear weapons and to make an annual report to
Congress on Government efforts to control proliferation.
e. Paragraph (3)(D) of Section 10. This paragraph
directs the President annually to submit to Congress informa-
tion on the import or indigenous production by a non-nuclear
weapons country of technology, components or facilities capable
of producing special fissionable material suitable for direct use
in a nuclear explosive device.
The impact of S. 1439 on the Central Intelligence Agency will depend
upon the extent of assistance requested by the Secretary of State, the
Nuclear Regulatory Commission and the Arms Control and Disarmament
Agency in carrying out their duties under the proposed Act. In this
connection, the Director of Central Intelligence has the statutory responsi-
bility for protecting intelligence sources and methods from unauthorized
disclosure, under section 102 (d) (3) of the National Security Act of 1947.
While there is no provision in S. 1439 which authorizes the public disclosure
of sensitive information, it is believed that, to avoid confusion or misunder-
standing, the bill should expressly state that its provisions should not be
construed to authorize or permit the public disclosure of information classified
under Executive order or statute.
Sincerely,
SIGRED
George L. Cary
Legislative Counsel
Distribution:
Orig - Addressee
1-DDS&T
l/ DDI
-l/- OLC Subject
1 - OLC OMB Liaison
1 - OLC Chrono
OLC: WPB: sm (23 June 76)
Approved For Release 2006/02/07 : CIA-RDP77M00l44R001100210003-7
2
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
DATE OF REQUEST
TO
: Mr. Cary
SUSPENSE DATE
FROM
: WPB
SUBJECT:
Agency letter on S. 1439
NOTES
Attached is a letter to James Frey, OMB, on S. 1439, a bill governing
the export of non-military nuclear technology. DDI was not bothered by anything
in the bill; however, DDS&T felt that to avoid any misunderstanding, the
bill should expressly state that its provisions should not be construed to
authorize public disclosure of classified information.
I discussed the bill with George Gilbert at OMB. He told me that the
Department of State, ERDA, and the Administration in general were strongly
opposed to the legislation on more general grounds. Gilbert suggested that
we register our concerns with OMB and they will attempt to raise them in an
appropriate vehicle, such as a general OMB report or a report by another
Agency.
I discussed this with LLM, and he approved it for final.
NAME
OFFICE
Rrs
Carl Weber
DDS&T
NAME
OFFICE
DATE
DDI
NAME
OFFICE
DATE
NAME
OFFICE
DATE
ACTION
REQUIRED BY GLC
Sign letter to Frey
Approved For Release 2006/02/07 CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
94TH CONGRESS
2D SESSION
IN THE SENATE OF THE TJNITEI) STATES
APRIL 15, 1975
Mr. PERCY (for himself, Mr. GLENN, and Mr. Risico ) introduced the follow-
ing bill; which was read twice and referred to the Committee on Govern-
ment Operations
MAY 13,1976
Reported by Mr. GLENN, with an amendment, and an amendment to the title
[Strike out all after the enacting clam e and insert the part printed in italic]
MAY 13,1976
By unanimous consent referred jointly to the Joint Committee on Atomic
Energy and the Committee on Foreign Relations for a period of 60 days
A BILL.
To reorganize certain export functions of the Federal Govern-
ment to promote more efficient administration of such
functions.
2 tines of the United States of America in Congress assembled,
3 That this. n-e~Lbe r 4ed--
4 -Act of
5
6 8iie. 2. l ess--ter?eby-4ft-d7s-ad deeJftfeg
Be it enacted by the Senate and House of Representa-
S. 1439
[Report No. 94-875]
pry m1~r,rrni.Tm Oar, } -, E_
8 - ihe--oxeeu-t-lve-orpnclrr, and in the interest
B offer
{}f ?b,?H5 TA,zril F 'e oi'cor
11-0
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
2 of the 6 over? v,nn} in n
4 commerce can A~_
6 , nn pn ;W;} for v,rn .ding s , n } - 4ann d f?nn}iffl
7
8
9
10
12
13
b-the laws -of--
that ~7 e DepaFtme
r, nrC7IiGr V.
export ji nvi C; nlT_1C[ix Cn'+itioa2i7T'
~ b
gulatery Cnm,'ntmieR
'b
e e eriti
atithoFities now vnr
A ens
n}in r Nair}CSOthei- -abrnenn nn 4n ;?~
21 tlitinc }nrw and tie~hno gy-~ Y~ Speeift! p
22 lems r vl isa `a to co mn--T~nfn?can pansec rity an ,
? teva,a vv .~.. ~.~-_- RiCZ'I~G-CCi
23 1hn I}h and c f ,}ar pose 4)y-4,e internn};n?nl- oIifeY&40H.
24 of plutonium nnd other speei , n?n~nn n,?;n RH4 by
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
3
Y their potential eons 3{~~---by-?--~.
2 groups into n-Xj)IOS' , , ,, 8?,nra.il device-
3 (6) that, th-e f}f~e-4-4-siing of -,u4i-e"orts should be
that safeguards
J against theft, ra' i n3..4R
6 cc?'rv avi fP'PI FJP,- rt t>-y- e~otpa4;able Go-
7 that am req ire in -o 4ei-
8 l nse in the United to tes--
10 s o1ld be R4ade y -t e---N l Re gala to?y Cum?nissin?
11 the t ney e s ~e ~ - ~~ fe3 .
12 nn,l sec ritcT and " l ~ +-- and safety +l,rn?bh _ e
13
14
ctn tea, nnd
states c,l~n?l l ~Z a4e n-the 0011te t of rudeifin?b~.
nun an`l tl,nf nnnsidera ion ?l.e'ald be-
17 ill tern-nt-innAl
riven-t~1 e ffi T r=~c' ln'rimn tc 9il-OI--fk
b .-r-vzY- crr.~
iaatio - safeguards comparability-
ilit,ry nuclear fuel cyele-
CTS n used in--this-4e--the to
22 min en wg f -y OF material fnr. s, _.fe -
--mndeYn enal -~ ey e
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
4
1 material or any byproduct material as define a ,a see
2 60-1 -n- of the Atone -En ct of 154, to W . nd-
for ?nn,nilifnry pt,rpose_s;
4 (2) GG(~rn,,mi , ff ,~ rrrc-cnra +lrrE~ uclear Inbv?lntory
r-~vrrrxzzz~~r}'erg-?--~-r 'N-cccr
5 Commis10 n ;
CG 77 th F f of _
6~rrrs~~tri ?r
7 rn eT
f
8 (4) "fun 'f ion"includes power ono d4#y
"/ f
ta,ry atomic energy }nnl,,,nlogy77- 'eans~
b
any technology hiek- the missiett detenfi rre -td--
1~ f~-mcaor
12 ?n?n,;l;+n,?zr ?nrp: Os;
C C 7 7 ,~_ .y n} TIL ty
1
14 ,d physic l "c"ur"vy-fa-
of Coi rrrr~ e~
15 " iftea&s the
16 TRANSFERS TO T! SECRETARY OF GO-AE;H;HGB
-ftf-e- tra sferre +n +l Se retary
all peilofy i,-st -fmtetionS-
18 off Corm erce, &? 1 +l,@ Secretary sh1aA,1 a
,
19 of the Secretary n y , -under oR-444- o f
n approval for expor-C
-4 ~ t lice3-ESC }-~ :,
22 nitio 7 and the iR4P1eR16RtS Of wa,
23 (2) No export license for tind the
24 ;m?ln,,,e?t. Of WW'.-IAIMCI1-41 ttl'ene e ect'ive date-of - rs
--b-y--thc Soc~-Y- for
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
3 '+nv. approval for- the
4 .+i +?F,,,,,
}} 5
-'L implement n#wnr ?,n: lv l ?s
may iv ,ctivC[
lee
5 r u vrilL
of ?tho-\ n + -r n~
-s eYl 4441104441I R
v
,- ?tn - l }-the--Ev, e'^^ t r Act
as
We to the_ issuanee of expor
of this A n+ was
IIIN AJ lAW1lVV A
13 -(e There r tia + +i, c a +l
Y41 Vr' (,L11 Qhe
14 - Pe~ perf 3} I ~ ~, .1 f? v, e+' n ft of +1 Nuclear 14egtt-
15
1^6 - lio_ -Et g-Y- n+ n 1:018 to the, ; ni ee
11 of expnr+ linnnn .( -TVt1t~ - r~ --~.ny~p~' +vies oTZiicc cr' -fop
18 use it .l ' ?l?+n ~n[~~~(,~
' 11VCIZIrC11'-LQ~'~I~Jtif [J3
--(4) No n .rirn4---1ice --fo atHttti~+'---' ergy facili+;nn nv
mmAter.aals fn,? i,on for nnv~ rvr _.p~ _ be issued may af ter he effnn+;"n ` -tlt- fl f'_-.-3-/tTb 'l v' -the provisions
section 7 /ri ~ f +l,? -A$tiioiti-meat.
-(d)- (1) There a -e trams '
24 Seer-e~ r shall
25 ~~+l,n Z{ nnrn?. r Rnc .n D-~ M@Rt A .
U Vl l4 QSVl[T
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
11 ~ ~ nn,?n+n ?v l n +y'T ~ U r l t ~ 7 T C J n e r ar die Treasafy 1
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
2 technology.
4 -tRy-Y aft"
'b b
13
SEC-II iiJT I nr+ cV rn nTlh]
TP 1 \ 7 T 9;44 THE
?ct ntn] of t11 1 Energy
aJ
,rmtjqR 1 b developnent ()f ._4, n1 nom]'
1 givett for o]nmil-i
~~~'~rE-aee
Stftte,
n n of +1] n A ~---
1
4ff
14 energy W011101(~ y
~ ~J
rnn ~ ~ FRrlc, mn rn1]r,
15
16
ids to the Comm
it Pe4o~r~~
ncearnl, x14.1 1) e1.4PRW
18 A { } of the Tip L7/ l2
1` 11 1 C,+] n 4'1 In n [l t]1 n 1 e 1 rip-- -T~j ttl'~t jxx1C]
20 { cji? t;nc nv mgterinlc fnr
zaT:.tir~ xvx
21 n->~ ~-~T r
22
fttopai
nilgy wb' iclh-ai v
24 Gn] --; c;nn 111411 T,nr4nrm' CH@L fi t;n-c a- }11e seer ta-yy n
25
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
2 matxrxut^errials.
7 to the -transportation
4 cEQ.7.. (a)
5 atomic energy facilitcies or matcvccrrcerialm s for use ~xqv for nonmili+ar?y-'
vrrrvcrv7a-rtzc rva---rvr rrrrxxazrrcu7.
6 pu moans may be issue by the SG'~ LLti l -/P ecretary) and no approval
1~~
7 _ for the export of l itar3r atomic energy tec nology may
8
9 erecipient try to which any such teebnolobgyr,
j .o f aeiloiiity, or material 7-4 --be-ex +nvrCCU-has-~afegluards -sub-
11
require by the
12 Commission inthe United State's.
13 (b) The-Coffifflissign s al establish criteria for
14 in the development of ~+wnr?a+iona1 afor eonpera-
a aa agreements
15 tion with foreign ee ifee-vela-t
b
ato i n energy f nilkieo--of-- atnrin ~rt use f6rnontri .
16 +o m
17 -tar,r purposes and Ho*nmili ary-
18
19 training program 'tn he r ,17 1~perso s from eo uz
20 dries Which purchase ~ieee a
21' ,,,afnrials for use for nonm,litarsr ?rposes fro any person
22 iii tlio United States.
-em-
23 most advanced tee c ~ n eehneleg
.24. g -and physical seeur- ty consistent with nationa~
25
TUeite4 States-:
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 CIA-RDP77M00144R001100210003-7
$7
1 (2` There are n i,therize4-to bYJe apprnr~y`i. wd~mt
, ,iOr ,T,TIR A TION ASSESSMENT CCT A TTi MBATT _
`Til, Q (a) The Commission #'ha>7 with reap
13
1 1lA'11J
fai.
J ty t
nlolY'TT prepare f]nd
Rity
15 to nn rt n n c1 r,n,i,l ~?n^,~~n.
ft or-
16 A TT/1TT A UTQ 8TfmTTT7T_
L1 -"g2SIT7lTOZ1TG-'~'~""'
1.7 -"~L'~. i~? C A~ shall co d_t-ft-4
18 014gh study of t e safeguards gaide is and reglll7~ltion '
O
1n atomic 011?}!1.77 facilit? ."a4
21 ctiona Atomic r;
23
with spPf7al consideratio
24 t e?t of this Act, the Commission c pr-@Pare_ 4
25
Cha ,7nt1T,T
'j Arms Co trn1 end D? ,? nn+ A rn.) nTT n'F t
the
Approved For Release 2006/02/07 : CIA-RDP77M00144R001100210003-7
tinder- SeetieM
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
1 --s 4seeti r .ha,+ myth such ree
2 6~1-11ions;-~ I - r 3'ee8}}~vv,nvliIIC~II[ "T 1Vt
the-G-mmns
4 (b) (1) The
5 sb of the
en: taff Rtqfflj@ -
7
g Not +1,i fine w-
9 actrnent of this Act, cl iv-"flo,m n4ission shall- rep re and trans
10 .: t to die P-r-eside
ran -- -U
11 req ire by tl,; 7t io , 4o et,DISGZ-vvi~ith
12 tons as the
Commission -~Aeeinq advisable,
t
13
are her-eb --ft
14 +F,nr;nn r'to carry out the-- 'Oy Si nv,s n~ this se n+iO
16
Cory. iir 0.
eofltrftebs~ prop
1 1 ('14y, and ranor 1 , HIS R 4 ! t , -,e4t ied by the D+rnnt+qr of-4e-
18 Ofce of Aanagr 4 , , u 1 4 - B u - - , II e 1 - 4 T . ef-
19 use primarily i l l co -c-- t on With any }4140tio +.?a?sfn,?r
.20 under t in ?rnvr; s1ons- --# ,~J--~'}(4 nrn +,?"nom ?ire + +, _ ie_
21 .ri to iv* +n t o Cnnrntn the ~nmrn,s ;nn
J 7 ro e--- a ------x?ivir~ i} r
22 4=iv e ~ n r r 1,n
,
23 (2) of diis
24 -tj{{~ j' j n n, } n ~~ nrin+ionc +r~,~of , rn 1 ?tip
P ro ~d For-Release 2006/02/07 :CIA-RDP77M00144R001100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
10
(2) T +.. _ c1'n burn"nnnl i lrsuant-rtt1' ~-.
13 4 (a) Shall 140 :uVithout feduetion ? on of eoft-tfpft-
7 S e. !4. (tt) All of e1 ~n~ if nt falG7- gu-a-
U ,Jy U
g se ?
9 begs ---
10
itcd, of aI--
Which are +cransfer ed under thi ct, by (A) any
functions --4-whiAh-
1 are +r aii ferre by this Act, ni ay 00RA of-eo" -
15 tenet jai t"+ioRy an4-
16
?t y Shall continuo ;n ?ff?n~vv
xx--wxx crrrccv~-vrrv-
mom Act 1-n-kna
u
18 until modifi terminate ) superseded, set aside, or
IL
-ease--m be) or by .ony-fi~
nl' nmmpntent ;~~1?~cdinF;nn or by operation of
(b) The provislv.Lav on cif this- . i4nt effect any p
` / ~1-~rZa 1 7IV-
+17in cnntaYes-efcctbefo-re
.any agency or r n ice .~r nr~ tj}F B lotions of which are
~~r vrn 1t,irr -Gr y
) proceedings, to . ie extent
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
11
1 that they relate to 1111,!1 fC1 - HS t in` ,1~ ?' lln,l+;niled
3 Researcl, -1 7 Development i
~ tl
4 sigmas the eftse mfty be. Such proceedi -
5 49 not rnlate to rnn nixiz Zr i~v r7 s ~I n re s
6 l'nf"re the agency or "f"ed ar t} ,,efore whie "bey
7 o " n 1;? ", at the dime 8fsuc suchtrahssier in either flffii~
8 r,7ers shall be e 1
,
11
12 R4 ri4 terse sup f -
?IAV-1T effeo't- Untih
13 tary, by the Secretary 0 M-.? t)Y the-
14 tile ease may be, "~ "' J 01 b- -ft ~r+ of competen+ ;s dic+;
- T'irclrc Y' ,
15 by operation of lat _
16 (c) ( 1 ) E-- pt asyroyi GCL 1 l (2)
~----I11 ,~~7LAL 31 CibLf41111 (2)
'+
17 - (_) the provi s ons -t4 `lll not A (f~ect ?tuYtP,-
18 GORIrl,ence/l prior to &-(' e4hi-& seeL}i +nk s eflen+' _
19 (B) - proeeeditiggis- -shall ?a; -&p--
20 peals taken, " -l~E~b~ 1e~~~,-.9" Pi 1titl~ it' +lr-i~v Limn-arc- l~.r`1-311
21 and effect as if + Ae4-i - _been ehaeted-
22 No a Lr?'+, rvactionorr other- ~ 1
oo-eeE4i
x vcLOcav=w
23 . ai4y officer _i his official {*pae'
24 of office, or part }11t I3 fu"- Al i -
1.~r_-_i11c1IIdi1 o enactment n# -thls-
r shall abate ICT~ S vCL.71111 ZT
State' the Enn b/ _
e 1 + t - - Af-tli- e--i3+a4e p,,,,s,,f,n+ +o-
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
12
.Act. No n"~~ cn of action -i'? .5 tT17l?' ligell- OT~' CIiceI , of
2 part thereof, functin f--w 4ieh-*I' -rt-Yansf"rre by tYct,
4 s1~a11 "bate by reason of .fi,n-f~ n of this,\'4.ittF'k
'oa?~?nrte hy-w-
5 actio4s, su tslzr ~ or tithe cnndingc may ~
r
(i 'a iiist #~ie United S stir 4itw oA-4-4w
8 proPY-iat8anti, in any litigation pei''mrttuig I-4~-i$--FO-C4 lwl-
t n tile n cHzrarrat may at , zH n t~~a
9 & "8~rvrrE?c~~ at 7-i~~im r~ on izH'd1LH-H+Of3o34-1Af
10 that of 91431 p r?ty, errntrer c n or -""ln~i Will ye- n $ he
11 r~rn sines of this subsection
12 (2) . ;t-,
iii hiss oft1
14 is a party to a suit, ami , error fh4 i- t
15
16 trans~e r,n~~ to fain Secrnlar?Vr flin Secretary " State, (*F-
is the ease may Ideor
1c~ (B) Ally function of rich gency, office, `o'r 1'?" "
A'ncrxxiceex-Tr tranEi~H ed to tiix~ Setwetal-Y, tile
19 thel-pof, OF
siorlv,, as t e case- 4, y
21 -k-;
22 , Seei-e
the 23 tary of State OF brie Cnrntnissi ors as tiro iy be fe ee f
24 in the case of a suit not imrrv"b ..n transferred 1
-SeeFetaf-y, time Secretary of State, 6 h e comR1 fission, is the
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
13
be ? 'yt' I,e n?i+ ?1,,11 be eentijiHed by -
uv uiwT , ~,, (', ', t l,.rc p
2 7 VLCI- wl,'n11 was a pa-r+c' to
7 ll. 7 u r.a. t uti--OV-
147v-P, d- -i to -)-f fl-RiS Act) .
J r --a-}"T?~^~~ - Ore ] !'+n, crrrcr ? Z+iit of j'- A et) reference
6 --in any e : '-e e ft}--law--t-o a cn or rz-
thereofib vi= r cn f~v zr'r~rrx ~} tt~tlt-fi iouc nF w t;c
+? n ~-Than ltit t eeiot`t# }~i("&i}- tote- l)epartme ri the-
ftt#~-E~ n,? officer ill -114,11
10 saeli e. tC 1 t ~t~ ri Aet.,
12 8tftte, Of t1, r+ t r- - -cal- m
13 -i4-fi,nn+tn,t, 1r,vtcfnt,n,~ -
14 ,, h 1 S ?11 R~frnlz
eiU'1 1 G~"SC-TP-'
pa: t tile
'reof,Tr vzcviv '1 {71 }tiff it}1If?.
15 te , r 0-de- fs. 1 b"' thO gORCY- ite
'21
i~~-~rcmb >icr ,
rnf nr,?1 +- nnz~ ~nni.f;nti-1_, }~1.].} {~ }:{t .}.i. C~ n1- cjinll apply-
4o-
ell fmlipt;- )y the seeretftfy, the Seefe
-- y of State, OF n.r. the
(f) In the exef~,ie- #- i ; t +? tft nen,.,.e a
1 i014,
4110 Seef =t x c- - #~t-t1 +1 rf
2 J
2r era +hn+ , n 1- , ttt~--ttta f f' et o rr'r^~c ~3tH the reef ~ ex
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
14
4 -office, ?p f rt thereof
4Wjj-"R4 -4-T
iRL'e re-nt of
',
8
9
tile, Fejei'al a
10 That this Act may be cited as the "Export Reorganization
11 Act of 1976".
12 STATEMENT OF PURPOSE
13 SEC. 2. (a) The Congress hereby finds and declares-
14 (1) that it is in the interest of the economy and
15 effectiveness of the executive branch, and in the interest
16 of the effectiveness of congressional oversight, to reor-
17 ganize and centralize certain export control functions
18 of the Government;
19 (2) that the exporting 'o f nonmilitary nuclear equip-
20 anent, maternal, and technology involves special prob-
21 lems related to, foreign policy and to common defense and
22 security and public health and safety posed by the inter-
23 national proliferation of plutonium and other special
24 nuclear material, and by their potential conversion by
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
15
1 nations and subnational groups into explosive weapons
2 or dispersal devices;
3 (3) that the approval and licensing o f such exports
4 should take into account the adequacy of safeguards
5 against theft, diversion, and sabotage in recipient nations;
6 (4) that Congress established the Nuclear Regula-
7 tory Commission as the agency responsible for protect-
8 ing the common defense and security and public health
9 and safety through the issuance of commercial nuclear
10 licenses both domestically and for export; and
11 (5) that the Department of State, the agency princi-
12 pally responsible for the development and implementation
13 Of foreign policy, should have the principal responsibility
14 for the negotiation and renegotiation of international
15 agreements for civil nuclear cooperation and of subse-
16 quent arrangements made pursuant to the agreements
17 and should play an integral role in the approval for
18 export of nonmilitary nuclear equipment, technology,
19 and material; and
20 (6) that commercial nuclear exports by the United
21 States should be made in the context of meaningful
22 international controls, and that consideration should be
23 given to the internationalization of all strategically sig-
24 ni ficant aspects of the nonmilitary nuclear fuel cycle.
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144R001100210003-7
17
16
DEFINITIONS
SEC. 3. As used in this Act, the term-
(1) "atomic energy facility or material for use for
nonmilitary purposes" means any production or utiliza-
tion facility, any special nuclear material, any source
material or any byproduct material as defined in section
11 of the Atomic Energy Act of 1954, to be used for non-
military purposes;
(2) "Commission" means the Nuclear Regulatory
Commission;
(3) "function" includes power and duty;
(4) "nonmilitary atomic energy technology" means
any technology which the Commission determines to
relate to atomic energy facilities or materials for use for
nonmilitary purposes; and
(5) "nonnuclear weapons country" means any coun-
try that had not detonated a nuclear device prior to the
time the Treaty on the Non-Proliferation of Nuclear
Weapons came into force;
(6) "nuclear weapons country" means any country
that detonated a nuclear device prior to the time the
Treaty on the Non-Prolife ration of Nuclear Weapons
came into force; and
(7) "safeguards" includes materials accountability
and physical security.
Approved For Release 2006/02/07 : CIA-RDP77M00144R001100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
17
1 TRANSFER TO THE SECRETARY OF STATE
2 SEC. 4., (a) There are transferred to the Secretary of
3 State, and the Secretary shall perform, such functions of the
4 Administrator of the Energy Research and Development
5 Administration as relate to negotiating, renegotiating and
6 entering into international agreements for cooperation on
7 atomic energy facilities, components or materials for use for
8 nonmilitary purposes and nonmilitary atomic energy tech-
9 nology, and to negotiating, renegotiating and entering into
10 all subsequent arrangements made pursuant to the agree-
11 ments: Provided, That the Secretary shall obtain the close
12 cooperation and the technical advice and assistance of the
13 Administrator in negotiating, renegotiating, and entering into
14 such agreements and such subsequent arrangements.
15 (b) (1) No agreement or subsequent arrangement under
16 this section shall be negotiated, renegotiated, or entered into
17 unless the Secretary of State has consulted with, and has taken
18 into full consideration the recommendations and policies of,
19 the Commission applying to the licensing for export of atomic
20 energy facilities, components and materials for use for non-
21 military purposes or the approval for export of nonmilitary
22 atomic energy technology, which are the subject of such agree-
23 ment or arrangement.
24 (2) The Commission shall f urnh copy of its views to
25 the Congress when such a proposed agreevient for cooperation
SA0 recd-F8r Release 2006/02/07: CIA-RDP77MOO
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
18
1 is submitted to the Congress pursuant to section 123(d) of
2 the Atomic Energy Act of 1954, as amended.
3 (c) (1) The Secretary of State shall provide the Commis-
4 sion with appropriate data and recommendations, subject to
5 requests for additional data and recommendations as re-
6 quired by the Commission, for the performance of its func-
7 tions under sections 53 (a), 62, 82 (c), 103, 104, and 109 (b)
8 of the Atomic Energy Act as relate to the issuance of export
9 licenses for atomic energy facilities, materials or components
10 for use for nonmilitary purposes, and sections 4 (b), 5 (a) .
11 and 6 (a) -of this Act as relate to the furnishing to the Secre-
12 tary of State and to the Congress the recommendations and
13 policies of the Commission relating to negotiating, renegotiat-
14 ing, and entering into international agreements for coopera-
15 tion and subsequent arrangements made pursuant to the
16 agreements by the Secretary, the approval for export by the
Commission of atomic energy technology for use for non-
military purposes, and the taking into account by the Commis-
sion of the adequacy of safeguards on all atomic energy
20 exports for use for nonmilitary purposes.
(2) The Secretary of State shall obtain the data and
recommendations referred to in paragraph (1) from the De-
partment of State and other such agencies of the Federal
Government as he deems appropriate and furnish them to the
Commission, except as provided in section 7(b).
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
19
1 TRANSFERS TO THE NUCLEAR REGULATORY COMMISSION
2 SEC. 5. (a) There are transferred to the Commission,
3 and the Commission shall perform, such regulatory functions
4 of the Administrator -of the Energy Research and Develop-
5 ment Administration as relate to the approval for export of
6 nonmilitary atomic energy technology.
7 (b) There are transferred to the Commission, and the
8 Commission shall perform, such regulatory functions pursu-
9 ant to section 109 (b) of the Atomic Energy Act as presently
10 exercised by the Secretary of Commerce with respect to the
11 licensing for export o f nuclear components.
12 SAFEGUARDS AND OTHER FUNCTIONS OF THE NUCLEAR
13 REGULATORY COMMISSION
14 SEC. 6. (a) The Commission, in considering applica-
19
20
21
22
25
tions for licenses for export of atomic energy facilities, com-
ponents, and materials for use for nonmilitary purposes and
applications for approval for export of nonmilitary atomic
energy technology, and in making determinations relating to
common defense and security and public health and safety
under section 103 of the Atomic Energy Act, shall take into
account the adequacy of safeguards in the recipient country
to which any such facility, components, material, or tech-
nology is to be exported to meet the risk of nuclear diversion,
theft, or sabotage in the recipient country.
(b) (1) Within ninety days of the effective date of this
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
20
Act, the Commission shall promulgate regulations relating to
what it deems to be appropriate issuance of public notice,
access to nonclassified information, scheduling of public hear-
ings, and recording of minutes and votes of the Commission
with respect to applications for licenses for export of atomic
energy facilities, components, and materials for use for non-
military purposes and applications for approval for export
of nonmilitary atomic energy technology.
(2) The export-licensing decisions of the Commission
shall be announced in writing, and, where appropriate, ac-
companied by a written opinion, including any concurring
or dissenting view of the Commissioners. A detailed summary
of the provisions o f any such license approved by,the Com-
mission shall be published in the Federal Register as soon as
practicable after such approval by the Commission, together
with a description of the safeguards required to be followed
in connection with such license and use of such facilities, com-
ponents, material or technology.
_(c) (1) No application for a license for export of atomic
energy facilities, components, or material for use for non-
military purposes or an application for approval for export
of nonmilitary atomic energy technology shall be approved by
the Commission unless the Secretary of State has given writ=
ten approval for the issuance of such a license or the granting
of such approval.
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
11
12
20
21
(2) Any special nuclear material distributed by the
Energy Research and Development Administration to any
nation or group of nations for nonmilitary purposes shall
require the issuance of a license by the Commission, subject
to the written approval of the Secretary of State, as provided
in this section.
(3) In the event that the Commission does not agree with
the Secretary that an application should be approved, or the
Commission determines that an application raises substantial
issues that the Commission cannot resolve, the Commission
shall defer approval of the application for sixty days hence,
pending a review by the Congress.
(4) In the event fivat the Commission exercises the option
pursuant to paragraph (3) it shall furnish the Congress a
complete record pertaining to the particular application, in-
cluding a report explaining its action and any findings made
pursuant to subsection (a) and to section 103 of the Atomic
Energy Act of 1954, as amended, and all data, findings,
and recommendations furnished to the Commission by the
executive agencies pursuant to sections 4 and 7 of this Act.
The aforementioned application and accompanying docu-
mentation shall be submitted immediately to the Congress and
referred to the Joint Committee on Atomic Energy for a
period of sixty days while Congress is in session (in com-
25 puting such sixty days, there shall be excluded the days on
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
11
22
which either House is not in session because of an adjourn-
ment of more than three days), and the Commission shall
approve and issue the license for export of atomic energy fa-
cilities or materials for use for nonmilitary purposes or
approve the export of nonmilitary atomic energy technology,
as the case may be, immediately upon expiration of the sixty-
day period unless during such sixty-day period the Congress
passes a concurrent resolution stating in substance that it
does not favor the proposed export. Prior to the elapse of
the first thirty days of any such sixty-day period the Joint
Committee shall submit a report to the Congress of its views
and recommendations respecting the proposed export and an
accompanying proposed concurrent resolution stating in sub-
stance that the Congress favors, or does not favor, as the
case may be, the proposed export. Any such concurrent res-
olution so reported shall become the pending business of the
House in question (in the case of the Senate the time for
debate shall be equally divided between the proponents and
the opponents) within twenty-five days and shall be voted on
within five calendar days thereafter, unless such House shall
otherwise determine.
(d) There is authorized to be appropriated to the Com-
mission an additional sum of $1,400,000 for fiscal year
1977, such sum to remain available until expended, for the
purpose of exercising its responsibilities relating to safe-
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
23
1 guards for atomic energy facilities, components and ma-
2 terials for use for nonmilitary purposes and nonmilitary
3 atomic energy technology which are to be exported.
4 NUCLEAR PROLIFERATION ASSESSMENT STATEMENT
5 SEC., 7. (a) The Commission shall, with respect to its
6 functions pursuant to section 4(b) involving all international
7 agreements for cooperation, and those subsequent arrange-
8 ments made pursuant to the agreements which the Commis-
9 sion determines to be of strategic significance, and pursuant
10 to section 6(a) involving what the Commission determines
11 to be strategically significant atomic energy facilities, com-
12 ponents, or materials for use for nonmilitary purposes and
13 nonmilitary atomic energy technology, obtain a Nuclear Pro-
14 li f eration Assessment Statement from the Arms Control and
15 Disarmament Agency.
16 (b) The Arms Control and Disarmament Agency shall
17 prepare and furnish such Nuclear Proliferation Assessment
18 Statements directly to the Commission, to the Secretary of
19 State, and to the Congress.
20 (c) The Commission shall notify the Agency when it
21 requires that a Nuclear Proliferation Assessment Statement
22 be prepared by the Agency, or the Director of the Agency may
23 prepare such a statement at his own discretion. Such state-
24 ment shall be furnished by the Agency to the Commission by
25 a mutually agreeable date.
V
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
13
24
25
24
SAFEGUARDS TRAINING PROGRAM AND STUDIES
SEC. 8. (a) The Energy Research and Development
Administrator, in consultation with the Commission, shall
establish and operate a training program to be made available
to persons from countries which purchase licensed atomic
energy facilities, components, or materials for use for non-
military purposes or nonmilitary atomic energy technology
from any person in the United States. Any such program
shall include training in the most advanced safeguards tech-
niques and technology, consistent with national security
interests of the United States.
(b) (1) The Commission shall conduct a thorough, con-
tinuing study of the safeguards guidelines and regulations
for atomic energy facilities, components, and materials for
use for nonmilitary purposes and nonmilitary atomic energy
technology established by the United States and by the Inter-
national Atomic Energy Agency, with special consideration
of the differences and interactions between such safeguards.
(2) As soon as practicable a f ter the end of each fiscal
year, the Commission shall prepare and transmit to the
President and the Congress a reportf on the study required
by this subsection, together with such recommendations, in-
eluding recommendations for the upgrading of such safe-
guards, as the Commission deems advisable.
(c) The President is directed to review all activities
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
25
1 of Government agencies relating to limiting the spread of
2 nuclear weapons and to make an annual report to Congress
3 not later than December 31 on the Government's efforts to
4 control proliferation, such report to include but not be limited
5 to discussion of-
6 (1) promoting cooperative arrangements between
7 the United States and other nations for the purpose of
8 preventing the stockpiling of nuclear weapons material
9 outside the nuclear weapons nations;
10 (2) promoting adherence to the Treaty for the Non-
11 Proliferation of Nuclear Weapons and discouraging or
12 prohibiting nuclear sales to nations that are not parties
13 to the treaty or have not entered into comparable agree-
14 ments with respect to safeguards and nuclear explosions;
15 (3) strengthening the safeguards of the International
16 Atomic Energy Agency, ensuring uniform application of
17 such safeguards and promoting promptness and openness
18 in the verification and reporting procedures of the
19 Agency;
20 (4) promoting an international convention or similar
21 mechanism for establishing and enforcing minimum
22 physical security standards for preventing acts of sabo-
23 tage and theft with respect to civilian nuclear equipment
24 and material;
25 (5) promoting an international convention or simi-
Approved For Release 2006/02/07: CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
26
lar mechanism for recovering diverted or stolen nuclear
material, for imposing swift and strict sanctions against
all nations that engage in unauthorized use of nuclear
material or conduct unauthorized nuclear explosions, and
for dealing with subnational or criminal groups engaging
in acts of sabotage or of theft or using or threatening
to use nuclear explosive or dispersal devices.
(d) Section 307(c) of the Energy Reorganization Act
of 1974 is amended by adding a paragraph at the end there-
of, as follows:
"In addition, the Commission report shall include
12 a full summary and analysis of the Commission's rec-
13 ommendations and actions in regard to nonmilitary nu-
14 clear exports, with emphasis on the adequacy of safe-
15 guards to ensure that such exports are not misused for
16 nuclear-explosion programs.".
17 '(e) Such sums as may be necessary are hereby au-
18 thorized to carry out the provisions of this section.
19 IDEA SAFEGUARDS ACTIVITIES
20 SEC. 9. (a) It is the policy of the United States to
21 strengthen the safeguards program of the International
22 Atomic Energy Agency and in order to implement this policy
23 to contribute funds to assist the Agency in meeting the chal-
24 lenge of effectively implementing nuclear safeguards at a
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
27
time when international utilization of nuclear power for
growing energy needs is rapidly increasing.
(b) There is hereby authorized to be appropriated
$5,000,0100 for contributions to the International Atomic
Energy Agency toward its safeguards activities, which
amount is authorized to remain available until expended:
Provided, That such sums shall be in addition to any other
contribution to the International Atomic Energy Agency by
the United States pursuant to any other provision of law.
NUCLEAR NONPROLIFERATION OBJECTIVES
11 SEC. 10 (a) The President is requested 'and authorized
to enter promptly into negotiations with the Union of Soviet
13 Socialist Republics, France,
the Federal Republic of Ger-
14 many, the United Kingdom, Canada, and Japan, and such
15 other nuclear supplier countries as he deems appropriate, for
16 the express purpose of reaching an agreement which shall be
1.7 binding on each of the parties, and 'which shall include pro-
18 visions for-
19 (1) arrangements leading to the cooperative pro-
20 vision, under international safeguards, of nuclear reactor
21 fuel enrichment, fabrication and reprocessing services to
22 recipient countries on a nondiscriminatory basis, includ-
23 ing the 'application of article 12 of the statute of the
24 International Atomic Energy Agency (hereinafter re-
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
8
9
10
11
28
f erred to as the "Agency") providing for the deposit with
the Agency of excess special fissionable material and spent
reactor fuel;
(2) prohibition of the transfer to any individual
non-nuclear weapons country of any technology, com-
ponent, or facility capable of enriching, fabricating, or
reprocessing special fissionable material;
(3) prohibition of the transfer of any nonmilitary
atomic energy technology and any atomic energy facility,
component, or material for use for nonmilitary purposes
to any non-nuclear weapons country that has not entered
into an agreement with the Agency-
(A) to accept the safeguards of the Agency on
all source and special fissionable material in all
nuclear activities within the territory of such coun-
try, under its jurisdiction, or carried out under its
control anywhere, and
(B) to undertake not to receive the transfer of,
or manufacture or otherwise acquire nuclear weap-
ons or other nuclear explosive devices, and not to
receive any assistance in the manufacture of nuclear
weapons or other nuclear explosive devices;
(4) establishing-
(A) minimum physical security standards for
the protection against acts of sabotage and theft of
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
29
1 all facilities and all shipment, handling, and storage
2 of source and special fissionable material within the
3 territory or under the jurisdiction of each of the
4 parties, and transferred by the parties to other coun-
5 tries, and
6 (B) an international mechanism for enforce-
ment of such standards, for recovery of stolen source
and special fissionable material, and for dealing with
individuals and groups engaging in acts of sabotage
and theft;
(5) establishing-
12 (A) sanctions to be imposed against any nu-
13 clear supplier country that refuses to participate in
14 the arrangements described in paragraphs (1), (2),
15 (3), and (4) of this subsection, and any country
16 that willfully violates the safeguards of the Agency,
17 (B) an international mechanism for recover-
18 ing source and special fissionable material that has
19 been obtained or used by a country in willful viola-
20 tion of the safeguards of the Agency, including use
21 in a nuclear explosion program, and for recovering
22 any exported technology, component, or facility used
23 in connection with such violation.
24 (b) The President is requested and authorized to enter
25 promptly into bilateral and multilateral negotiations with as
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
30
1 many other countries as possible including those referred to
2 in subsection (a) for the express purpose of reaching an
3 agreement which shall be binding on each of the parties and
4 which shall establish an international mechanism for dealing
5 with and imposing sanctions on any non-nuclear-weapons
6 country that, by virtue of engaging in unauthorized nuclear
7 activities beyond the reach of, or in violation of, the safe-
8 guards of the Agency, is deemed to have embarked upon a
9 nuclear weapons program. Such international mechanism
shall, with respect to any non-nuclear-weapons country that
11 has detonated a nuclear explosive device, include procedures
12 f or-
13 (1) suspending some or all commerce and communi-
cations between the parties and such country;
(2) requiring the return of any exported source or
special fissionable material, and any exported technology,
component or facility used in such a nuclear weapons
program.
(c) The President is directed to prepare and submit a
report to the Congress not later than June 1, 1977, and
annually thereafter as a part of the report due December 31
pursuant to subsection 8 (c) of this Act, which shall include-
(1) a description of the degree of progress made
toward the negotiation of agreements that meet each of
the objectives described in subsections (a) and (b) ;
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
31
1 (2) an analysis of each agreement for cooperation
2 negotiated pursuant to section 123 of the Atomic Energy
3 Act, including a discussion of the scope of the require-
4 ments and obligations relating to the safeguards and
5 peaceful or civil uses contained in each agreement and
6 a discussion of the adequacy of such requirements and
7 obligations to protect the interests of the United States
8 and to maintain its obligations to prevent the further
9 proliferation of atomic weapons capability;
10 (3) a determination as to which agreements for
11 cooperation should be modified because they are incon-
12 sistent with the interests and obligations of the United
13 States pursuant to paragraph (2). In making such de-
14 terminations, the President shall discuss whether each
15 agreement should prohibit the following activities and
16 whether such activities have been engaged in by the
17 recipient country-
18
(A) the explosion of a nuclear device by a non-
nuclear weapons country;
(B) the refusal by a non-nuclear weapons counr-
try to accept the safeguards of the Agency on all
nuclear activities;
(C) the refusal by a non-nuclear weapons coun-
try to give a specific assurance that it will not engage
in a nuclear explosion program;
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
32
1 (D) the import or indigenous production by a
2 non-nuclear weapons country of technology, com-
3 ponents or facilities capable of producing special
4 fissionable material suitable for direct use in a
5 nuclear explosive device; and
6 (E) the stockpiling by a non-nuclear weapons
7 country on a national basis of special fissionable
8 material suitable for direct use in a nuclear explosive
9 device.
10 (4) beginning December 31, 1977, and annually
11 thereafter, a statement on the degree of progress made
12 toward renegotiating any agreements for cooperation
13 which the President has cited as needing modification
14 pursuant to paragraph (3) of this subsection.
15 EFFECTIVE DATE
16 SEC. 13. This Act, other than this section, shall take
17 effect ninety days after the date of enactment of this Act,
18 or on such prior date after enactment of this Act as the
19 President shall prescribe and publish in the Federal Register.
20 TRANSFER OF PERSONNEL AND PROPERTY
21 SEC. 11. (a) All personnel, liabilities, contracts, prop-
22 erty, and records as are determined by the Director of the
23 Office of Management and Budget to be employed, held, or
24 used primarily in connection with any function transferred
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
33
under the provisions of this Act, are transferred to the Sec-
retary of State or to the Commission, as the case may be.
(b) (1) Except as provided in paragraph (2) of this
subsection, personnel engaged in functions transferred under
this Act shall be transferred in accordance with applicable
6 laws and regulations relating to transfer of functions.
7 (2) The transfer of personnel pursuant to subsection
8 (a) shall. be without reduction in classification or compensa-
9 tion for one year after such transfer.
11. SEC. 12. (a) All orders, determinations, rules, regula-
12 tions, permits, contracts, certi fccates, licenses, and privi-
13 leges-
14 (1) which have been issued, made, granted, or al-
15 lowed to become effective in the exercise of functions
16 which are transferred under this Act, by (A) any
17 agency or office, or part thereof, any functions of which
18 are transferred by this Act, or (B) any court of compe-
19 tent jurisdiction, and
20 (2) which are in effect at the time this Act takes
21 effect,
22 shall continue in effect according to their terms until modi-
23 fled,. terminated, superseded, set aside, or repealed by the
24 Secretary of State or by the Commission, as the case may
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
34
1 be, or by any court of competent jurisdiction, or by opera-
2 tion of law.
3 (b) The provisions of this Act shall not affect any pro-
4 ceedings pending at the time this section takes effect before any
5 agency or office, or part thereof, functions of which are
6 transferred by this Act; but such proceedings, to the extent
7 that they relate to functions so transferred, shall be continued
8 before the Department of State, or the Commission, as the
9 case may be. Such proceedings, to the extent they do not
10 relate to functions so transferred, shall be continued before
11 the agency or office, or part thereof, before which they were
12 pending at the time of such transfer. In either case orders
13 shall be issued in such proceedings, appeals shall be taken
14 therefrom, and payments shall be made pursuant to such
15 orders, as if this Act had not been enacted; and orders
16 issued in any such proceedings shall continue in effect until
17 modified, terminated, superseded, or repealed by the Secre-
18 tary of State or by the Commission, as the case may be, or by
19 a court of competent jurisdiction, or by operation of law.
20 (c) (1) Except as provided in paragraph (2)-
21 (A) the provisions of this Act shall not affect suits
22 commenced prior to the date this section takes effect, and
23 (B) in all such suits proceedings shall be had, ap-
24 peals taken, and judgments rendered, in the same manner
25 and effect as if this Act had not been enacted.
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
35
1 No suit, action, or other proceeding commenced by or against
2 any officer in his official capacity as an officer of any agency
3 or office, or part thereof, functions of which are transferred
4 by this Act, shall abate by reason of the enactment of this
5 Act. No cause of action by or against any agency or office, or
6 part thereof, functions of which are transferred by this Act,
7 or by or against any officer thereof in his official capacity
8 shall abate by reason of the enactment of this Act. Causes of
9 actions, suits, or other proceedings may be asserted by or
10 against the United States or such official of the Department
11 of State or the Commission, as may be appropriate and, in
12 any litigation pending when this section takes effect, the court
13 may at any time, on its own motion for that of any party,
14 enter an order which will give effect to the provisions of this
15 subsection.
16 (2) If before the date on which this Act takes effect,
17 any agency or office, or officer thereof in his official capacity,
18 is a party to a suit, and under this Act-
19 (A) such agency or office, or any part thereof, is
20 transferred to the Secretary o f State or the Commission,
21 as the case may be, or
22 (B) any function of such agency, office, or part
23 thereof, or officer is transferred to the Secretary of State
24 or the Commission, as the case maybe,
25 then such suit shall be continued by the Secretary of State
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
36
1 or the Commission, as the case may be (except in the case
2 of a suit not involving functions transferred to the Secretary
3 of State or the Commission, as the case may be, in which case
4 the suit shall be continued by the agency, office, or part there-
5 of, or officer which was a party to the suit prior to the e f f ec-
6 tive date of this Act).
7 (d) With respect to any function transferred by this Act
8 and exercised after the effective date of this Act, reference
9 in any other Federal law to any agency, office, or part
10 thereof, or officer so transferred or functions of which are so
11 transferred shall be deemed to mean the Department of State
12 or the Commission, or officer in which such function is vested
13 pursuant to this Act.
14 (e) Orders and actions of the Secretary of State or the
15 Commission, as the case may be, in the exercise of functions
16 transferred under this Act shall 'be subject ;to judicial review
17 in the same extent and in the same manner as if such orders
18 and actions had been by the agency or office, or part thereof,
19 exercising such functions, immediately preceding their trans-
20 fer. Any statutory requirements relating to notice, hearings,
21 action upon the record, or administrative review that apply to
22 any function transferred by this Act shall apply to the exer-
23 cise of such function by the Secretary of State or the Com-
24 mission, as the case may be.
25 (f) In the exercise of the functions transferred under
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
37
1 this Act, the Secretary of State or the Commission, as the
2 case may be, shall have the same authority as that vested in
3 the agency or office, or part thereof, exercising such functions
4 immediately preceding their transfer, and his actions in
5 exercising such functions shall have the same force and effect
6 as when exercised by such agency or office, or part thereof.
Amend the title so as to read : "A bill to reorganize cer-
tain export functions of the Federal Government to promote
more efficient and effective 'administration ,of such functions.".
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
2,
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 Approved For Release 2006/02/07: CIA-RDP77M00144 RO0110021 3-7
CIA
Journal Office of Legislative Counsel Page 7
Wednesday - 23 June 1976
28. (Unclassified - BAA) LIAISON Maureen, in the office of
Representative Larry Winn (R., Kan.), called and requested a copy of
the publication entitled, "International and Transnational Terrorism:
Diagnosis and Prognosis." A copy was sent to her.
29. (Unclassified _ LLM) LIAISON In conversations with
Tim Hardy, White I-louse Staff, and Doug Marvin, Department of Justice,
learned that there had been no further progress on the draft bill
concerning assassinations, that the last action was the President's
endorsement in principle of the Church bill.
30. (Unclassified - LLM) LIAISON Called Brian Conboy, in
the office of Senator Jacob Javits (R., N.Y.), and discussed the items
on the agenda for our meeting tomorrow with the Senator.
STAT
i,-JUEURGE L.. CARY
Legislative Counsel.
cc:
O/DCI
O/DDCI
Ex. Sec.
Mr. Lapham
Mr. Parmenter
Mr. Falkiewicz
DDI DDA DDS&T
IC Staff
SA/DDO/ EO
Comptroller
Cr t1,_,
--
IA Jti,
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 t Approved For Release 2006/02/07 : CIA-RDP77M00144RO0110021
CIA }ra rEE 014L.-
Journal - Office of Legislative Counsel. Page 3
Journal
Wednesday - 23 June 1976
STAT
STAT
11. (Unclassified - DFM) HEARING Accompanied Mr. Knoche,
DDCI Designate; D /Comptroller;
4
and to Mr. Knoche's confirmation hearing before the Senate
Select Committee on Intelligence. The remarks of all Senators present were
extremely favorable and the Committee's favorable recommendation is
assured. (See Memorandum for the Record. )
12. (Unclassified - DFM) INTELLIGENCE BRIEFING Met with
Gilbert Keyes, on the staff of the Senate Committee on Aeronautical and
Space Sciences, regarding the latest Soviet Salyut launch. I offered Keyes
a briefing on the launch, and we tentatively agreed on 25 June at 10:00 a. m.
13. (Unclassified - DFM) INTELLIGENCE BRIEFING Met with
Phil McGance, Administrative Assistant to Senator Jennings Randolph
(D., W. Va.), about the briefing we offered the Senator on U. S. trade in
sensitive items with the Soviet Union in response to the Senator's 21 April
letter. McGance said the Senator would like a briefing on the subject and
that McGance would call to set up a time.
14. (Unclassified - RLB) LEGISLATION Picked up some material
from the House Rules Committee related to zero-base budget review
legislation.
15. (Unclassified - RLB) LEGISLATION Picked up from the Senate
Banking, Housing and Urban Affairs Committee the most recent Committee
print of the consolidated bill regarding certain foreign payments by U. S.
usinesses. I chatted briefly with staff members Robert Kuttner and Kenneth
McLean on the substance of the bill and outlined to them in very general terms
a couple of possible problem areas in the bill. They said they would be glad
to talk further with us if, after we had a chance to review the bill. fully, we
felt there was a need to address these issues.
Spoke also with Mr. Franz Opper, on the staff of the Subcommittee on
Consumer Protection and Finance, House Interstate and Foreign. commerce
Committee, to determine whether the House was considering actively legislation
related to foreign payments by businesses. According to Mr. Opper, neither
his Subcommittee nor the full Committee was planning at this time to actively
consider this legislation, but that the Senate may pressure the House to act
on the Senate-initiated legislation.
CIS
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
 STAT Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7
Next 2 Page(s) In Document Exempt
Approved For Release 2006/02/07 : CIA-RDP77M00144RO01100210003-7