https://declassified.library.utoronto.ca/files/original/f0da439b714912ed63f7307ae7c2a7fa.pdf d20a61abdda8d5a8abaa56be4e318d26 PDF Text Text r 84TH VJONGRESS 1st Session ) }j ^document disclosed under the Access to Information Act - t ^B/^BfiW T M^ divi # t ^ en ver}p?** ' ^ ^ " F ^ ^ ^ f Information SENATE ( 1 KEPOET N o . 1052 REPORT ON THE PROPOSED AGREEMENTS FOR COOPERATION REGARDING ATOMIC INFORMATION FOR MUTUAL DEFENSE PURPOSES BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM AND NORTHERN IRELAND JULY 20, 1955.—Filed under authority of the order of the Senate of July 20, 1955, and ordered to be printed Mr. PASTORE, from the Joint Committee on Atomic Energy, submitted the following REPORT On June 15, 1955, the President submitted to the Joint Committee on Atomic Energy proposed Agreements for Cooperation regarding atomic information for mutual defense purposes between the United States and Canada and the United States and the United Kingdom. The Subcommittee on Agreements for Cooperation, to which the proposed agreements were referred, heard witnesses from the Department of State and the Department of Defense on the proposed agreements. After exhaustive inquiry from all witnesses, the Subcommittee on Agreements for Cooperation unanimously concluded, and reported to the Joint Committee that the proposed agreements are in conformance with the letter and spirit of the Atomic Energy Act of 1954. The Joint Committee, by unanimous vote on July 20, 1955, adopted the report and conclusions of the Subcommittee on Agreements for Cooperation. This report is made by the Joint Committee under the provisions of section 202 of the Atomic Energy Act of 1954. HEARINGS Those who appeared at the executive hearing held by the Subcommittee on Agreements for Cooperation on July 11, 1955, were: For the Department of State: Mr. C. Burke Elbrick, Deputy Assistant Secretary for European Affairs Mr. Gerard C. Smith, special assistant to the Secretary for Atomic Energy 55006 000008 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces dyinformation 2 PROPOSED AGREEMENTS FOR COOPERATION FOR MUTUAL DEFENSE ' Mr. Philip J. Farley, deputy special assistant to Mr. Gi C. Smith Mr. Leonard Unger, officer in charge political military affairs, Office of Secretary for European Affairs For the Department of Defense: Hon. Herbert B. Loper, Assistant Secretary of Defense Maj. Gen. Harry McK. Roper, Deputy Assistant Chief of Staff, G-3 Operations Vice Adm. A. C. Davis, Deputy Assistant Secretary of Defense for Internal Security Affairs Col. Sidney Rubenstein, Director, Administrative Security Division, Office of Secretary of Defense Col. Charles E. Carson, assistant to General Loper Col. Delmar L. Crowson, assistant to General Loper Lt. Col. Mark H. Terrell, assistant to General Roper Comdr. David P. Klain, Assistant Director, Administrative Security Division Mr. James M. Wilson, Office of Assistant Secretary of Defense for International Affairs Mr. William Lang, Office of General Counsel, Office, Secretary of Defense ' . '•" ' BACKGROUND In his message to Congress on February 17, 1954, President Eisenhower requested that the Atomic Energy Act of 1946 be amended in several respects. He said in part: For the purpose of strengthening the defense and economy of the United States and of the free world, I recommend that the Congress approve a number of amendments to the Atomic Energy Act of 1946. These amendments would accomplish this purpose, with proper security safeguards, through the following: means: . . ' First, widened cooperation with our allies in certain atomic energy matters; Second, improved procedures for the control and dissemination of atomic energy information; and Third, encouragement of broadened participation in the development of peacetime uses of atomic energy in the United States. > In his message he later stated: In respect to defense considerations, our atomic effectiveness will be increased if certain limited information on the use of atomic weapons can be imparted more readily to nations allied with us in common defense. In keeping with this Presidential recommendation, the basic reviy sion of the organic atomic energy law passed by the 83d Congress permits, under carefully stated conditions, such cooperation with our allies. The report on the Atomic Energy Law of 1954, describes the effect of the revision enabling the communication of information on effects and utilization of atomic weapons to regional defense organizations to which we are a party in these words: On the military side, the legislation permits the Department of Defense, under comprehensive security safeguards, to transfer to another nation, or to a regional defense organization of which we are a member, restricted data concerning the tactical employment of atomic weapons. Such information includes data necessary to the development of defense plans, the training of personnel in the employment of, and defense against, atomic weapons, and the evaluation of the capabilities of potential enemies in the employment of atomic weapons. The types of information that may be communicated to others to achieve these objectives are 000009 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information ^ ^ PROPOSED AGREEMENTS FOR COOPERATION FOR MUTUAL DEFENSE 3 car, lelineated, and it is made clear that no information which would reveal impoi« .t or significant data on the design or fabrication of the nuclear portions of atomic weapons, or on the detailed engineering of other important parts of atomic weapons, can be revealed. This same report also set forth the underlying reason for such broadened international cooperation in the field of military effects. When the organic law was enacted, atomic bombs were regarded by most as strategic weapons. Tactical applications of the military atom were but dimly perceived. Still less was it recognized that the time would soon come when tactical atomic weapons could profoundly, perhaps even decisively, affect the operations of the ground forces defending Western Europe. With our Nation the sole possessor of atomic weapons, and with these weapons husbanded for a strategic counterblow against an aggressor, there was no need for acquainting friendly nations with information concerning the effects and military employment of tactical atomic weapons. Today, however, we are engaged with our allies in a common endeavor, involving common planning and combined forces, to dam the tide of Red military power arid prevent it from engulfing free Europe. America's preponderance in atomic weapons can offset the numerical superiority of the Communist forces, and serve emphatic notice on the Soviet dictators that any attempt to occupy free Europe, or to push farther anywhere into the free world, would be foredoomed to failure. Yet, so long as our law prohibits us from giving our partners in these joint efforts for common defense such atomic information as is required for realistic military planning, our own national security suffers. THE ATOMIC ENERGY ACT OF 1954 AND THE PROPOSED AGREEMENT On August 30, 1954, the Atomic Energy Act of 1954 was signed by the President. The substantive sections of this law concerning the communication to others of information on the military use and effects of atomic weapons are as follows: (Section 144 b) The President may authorize the Department of Defense, with the assistance of the Commission, to cooperate with another nation or with a regional defense organization to which the United States is a party, and to communicate to that nation or organization such Restricted Data as is necessary to— (1) the development of defense plans; (2) the training of personnel in the employment of and defense against atomic weapons; and (3) the evaluation of the capabilities of potential enemies in the employment of atomic weapons, while such other nation or organization is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, That no such cooperation shall involve communication of Restricted Data relating to the design or fabrication of atomic weapons except with regard to external characteristics, including size, weight, and shape, yields and effects, and systems employed in the delivery or use thereof but not including any data in these categories unless in the joint judgment of the Commission and the Department of Defense such data will not reveal important information concerning the design or fabrication of the nuclear components of an atomic weapon: And provided further, That the cooperation is undertaken pursuant to an agreement entered into in accordance with section 123. (Section 123) ] I l I I 1 COOPERATION WITH OTHER NATIONS.—No. cooperation with any nation or regional defense organization pursuant to sections 54, 57, 64, 82, 103, 104, or 144 shall be undertaken until— a. the Commission or, in the case of those agreements for cooperation arranged pursuant to subsection 144b., the Department of Defense has submitted to the President the proposed agreement for cooperation, together with its recommendation thereon, which proposed agreement shall include (1) the terms, conditions, duration, nature, and scope of the cooperation; (2) a guaranty by the cooperating party that security safeguards and stand- 000010 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a Tinformatio 4" PROPOSED AGREEMENTS FOR COOPERATION FOR MUTUAL DEFENSE 1 ards as set forth in the agreement for cooperation will be' maintain , a guaranty by the cooperating party that any material to be transfer*.,.* pursuant to such agreement will not be used for atomic weapons, or for research on or development of atomic weapons, or for any other military purpose, • and (4) a guaranty by the cooperating party that any material or any Restricted Data to be transferred pursuant to the agreement for cooperation will not be transferred to unauthorized persons or beyond the jurisdiction of the cooperating party, except as specified in the agreement for cooperation; b. the President has approved and authorized the execution of the proposed agreement for cooperation and has made a determination in writing that the performance of the proposed agreement will promote and will not constitute an unreasonable risk to the common defense and security; and .c. the proposed agreement for cooperation, together with the approval and • the determination of the President, has been submitted to-the Joint Committee and a period of thirty days has elapsed while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of an adjournment for more than three days). Taken together, these sections permit the communication of restricted data necessary to (1) the development of defense plans; (2) the training of personnel in the employment of and defense against atomic weapons; and (3) the evaluation of the capabilities of potential* enemies in the employment of atomic weapons. The communication of such restricted data to a nation or regional defense organization to which the United States is a party may be made only while such nation is participating with the United States under a treaty or an executive agreement or other international arrangement approved by both Houses of Congress and while it is making a substantial material contribution to the mutual defense and security. The law provides further that no such cooperation shall involve the communication of restricted data relating to the design or fabrication of atomic weapons, except, however, for the communication of restricted data with regard to the external characteristics of atomic weapons, including size, weight, and shape, yields and effects, and systems employed in the judgment of the Commission and the Department of Defense, will not reveal important information concerning the design and fabrication of the nuclear components of atomic weapons. Furthermore, the cooperation to be undertaken must be in accordance with section 123 of the act. The two agreements which are before the Joint Committee meet each of the above conditions. The Subcommittee on Agreements for Cooperation has been assured that any specific restricted data proposed to be communicated under these agreements will be scrupulously subjected to the test of joint determination by the Atomic Energy Commission and the Department of Defense that the specific items of restricted data will not reveal important information about nuclear components of weapons. Section 123 of the act requires, in regard to Agreements for Cooperation pursuant to section 144b, that the proposed agreement be submitted to the President, together with the recommendations of the Department of Defense thereon. The agreement must include terms, conditions, duration, nature, and scope of the cooperation. I t must include a guaranty by the cooperating party that security safeguards and standards as set forth in the Agreement for Cooperation will be maintained (since no material is to be transferred pursuant to the two agreements before the joint committee, section 123a does not pertain), and a guaranty by the cooperating party that restricted data will not 000011 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information ^ ^ PROPOSED AGREEMENTS FOR COOPERATION FOR MUTUAL DEFENSE 5 be sferred to unauthorized persons or beyond the jurisdiction of the ._ operating party, except as specified in the Agreement for Cooperation. Section 123 also required the President to approve and authorize execution of a proposed agreement and to make a determination in writing that the performance of the agreement will promote and will not constitute an unreasonable risk to the common defense and security. Finally, section 123 requires that the proposed agreement, together with the determination and approval of the President, be submitted to the joint committee, and that a period of 30 days elapse while Congress is in session before the agreement may become effective. The two agreements presently before the joint committee meet all statutory tests of section 123. Further, they were negotiated, recommended and approved by the Department of. Defense and the President, in accordance with the terms of section 123. On April 13, 1955, they were submitted to the Joint Committee on Atomic Energy and, upon the expiration of the statutory time of 30 days when Congress is in session, they may be executed. THE AGREEMENTS AND PERTINENT DOCUMENTS There follow, as appendix I, the agreement with Canada and the correspondence relating thereto; and, as appendix I I, the agreement with the United Kingdom and the correspondence relating thereto. Joint Committee on Atomic Energy: CLINTON P. ANDERSON, Chairman. CARL T. DURHAM, Vice Chairman. • RICHARD B. RUSSELL. J O H N O. PASTORE. ALBERT GORE. H E N R Y M. JACKSON. BOURKE B. HICKENLOOPER. E U G E N E D. M I L L I K I N . WILLIAM F. KNOWLAND. J O H N W. BRICKER. C H E T HOLIFIELD. •MELVIN PRICE. PAUL J. KILDAY. J O H N J. .DEMPSEY. STERLING COLE. CARL HINSHAW. JAMES E; V A N ZANDT. JAMES T. PATTERSON. Subcommittee on Agreements for Cooperation: J O H N 0 . PASTORE, Chairman. CLINTON P. ANDERSON. BOURKE B. HICKENLOOPER. J O H N W. BRICKER. CARL T. DURHAM. MELVIN PRICE. STERLING COLE. 000012 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information 6 PROPOSED AGREEMENTS FOR COOPERATION FOR MUTUAL DEFENSE -4 APPENDIX I T H E S E C R E T A RY OF D E F E N S E , Washington, The June 10, 1955. PRESIDENT, The White House. D E A R M R . P R E S I D E N T : Section 144 (b) of the Atomic Energy Act of 1954 empowers you t o authorize t h e D e p a r t m e n t of Defense, with t h e assistance of t h e Atomic Energy Commission, to cooperate with another nation or regional defense organization to which t h e United States is a p a r t y and t o communicate to t h a t nation or organization such atomic information as is necessary t o t h e development of defense plans, the training of personnel in t h e employment of and defense against atomic weapons, and t h e evaluation of t h e capabilities of potential enemies in t h e employment of atomic weapons. This cooperation and communication, however, may be undertaken only in accordance with the limitations imposed by t h e act and under an agreement entered into p u r s u a nt t o section 123 thereof. T h e first of these agreements was with t h e N o r t h Atlantic T r e a t y Organization. I t was approved by you on April 13, 1955, and has been before t h e Joint Committee on Atomic Energy for t h e required 30-day period. With t h e cooperation of the D e p a r t m e n t of State, a separate agreement has now been negotiated with C a n a d a and recommended for signature. This proposed agreement is submitted herewith for your approval. I t is t h e view of this D e p a r t m e n t t h a t this agreement is entirely in accord with t h e provisions of t h e Atomic Energy Act of 1954. T h e execution of this agreem e n t should do much to advance our m u t u a l defense interests, especially t h e vital cause of N o r t h American defense in which we have long been working closely with our Canadian neighbors, and will thereby aid materially in t h e defense of t h e United States. I therefore strong!y. recommend t h a t you approve this proposed agreement as required by section 123 of t h e Atomic Energy Act and t r a n s m i t t h e agreement to t h e Joint Committee on Atomic Energy, together with your determinations and authorizations as to execution. With great respect, I am, Faithfulty yours, C. E. THE WHITE Washington, The Honorable CLINTON Chairman, P. WILSON. HOUSE, June 15, 1955. ANDERSON, Joint Committee on Atomic Energy, Washington, D. C. D E A R SENATOR ANDERSON.- P u r s u a n t to section 123 of t h e Atomic Energy Act of 1954, I hereby submit to t h e Joint Committee on Atomic Energy a proposed agreement between t h e Governments of t h e United States and Canada for cooperation regarding communication of atomic information for m u t u a l defense purposes under section 144 (b) of t h e act. Under t h e terms of t h e proposed agreement, t h e United States m a y exchange with Canada, so long as C a n a d a p u r s u a n t to an international arrangemen t continues to m a k e substantial and material contributions to t h e m u t u a l defense effort, atomic information which the United States considers necessary to (1) t h e development of defense plans; (2) t h e training of personnel in t h e employment of and defense against atomic weapons; and (3) t h e evaluation of t h e capabilities of potential enemies in t h e employment of atomic weapons. Canad a will m a k e atomic information available to t h e United States on t h e same basis. Atomic information m a d e available p u r s u a n t to t h e proposed agreement will n o t be transferred to unauthorized persons, or beyond t h e jurisdiction of t h e recipient government except where t h a t information is to be communicated to another nation or regional organization which has already been given the sam e information under an agreement similar to this and then only to t h e extent such transfer is specifically authorized by the originating government. Transfers of atomic information b y t h e United States unde r t h e proposed agreem e n t will be made only in .accordance with t h e Atomic Energy Act of 1954 and such information will be safeguarded by the stringent security arrangements in effect between the United States and Canada when this agreement comes into force. T h e agreemen t will remain in effect until terminate d by agreement between t h e two governments, b u t the actua l exchange of atomic information is entirely discretionary. 000013 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information k, PROPOSED AGREEMENTS FOR COOPERATION FOR MUTUAL DEFENSE 7 r A ) e p a r t m e n t of Defense has strongly recommended approval of this agreeme ) is m y firm conviction t h a t through the cooperative measures foreseen in tiuo-agreement we will have aided materially n o t only in strengthening o u r own defenses b u t also those of our Canadian ally and will thereby contribute greatly to t h e m u t u a l defense efforts which are of such vital importance to t h e maintenance of our common freedom. Accordingly, I hereby determine t h a t the performance of this proposed agreem e n t will promote, and will n o t constitute an unreasonable risk to t h e common defense and security, and approve this agreement. In addition, I hereby authorize, subject to the provisions of the Atomic Energy Act of 1954, t h e Secretary of S t a t e to execute the proposed agreement and t h e D e p a r t m e n t of Defense, with t h e assistance of t h e Atomic Energy Commission, to cooperate with Canada and t o communicate restricted d a t a to C a n a d a under the agreement. Sincerely, D W I G H T D. EISENHOWER. A G R E E M E N T B E T W E E N T H E G O V E R N M E N T OP T H E U N I T E D S T A T E S OF A M E R I C A AND T H E G O V E R N M E N T OF CANADA FO R C O O P E R A T I O N R E G A R D I N G A T O M I C I N F O R M A T I O N FOR M U T U A L D E F E N S E P U R P O S E S T h e Government of t h e United States of America and t h e Government of Canada, Recognizing t h a t their m u t u a l security and defense requires t h a t t h e y be prepared to meet t h e contingencies of atomic warfare, Recognizing t h a t their common interests will be advanced by t h e exchange of information pertinent thereto, Believing t h a t the exchange of such information can be undertake n without t h r e a t t o t h e security of either country, and Taking into consideration t h e United States Atomic Energy Act of 1954 and t h e Canadian Atomic Energy Control Act and Atomic Energy Regulations, which were prepared with these purposes in mind, Agree as follows: • ARTICLE I 1. While t h e United States and C a n a d a are participating in international arrangements for their m u t u a l defense a n d security and making substantial and material contribution thereto, each Goyernment will from time to time m a k e available t o t h e other Government atomic information which t h e Government making such information available deems necessary t o : (a) t h e development of defense plans; (b) t h e training of personnel in t h e employment of a n d defense against atomic weapons; and (c) t h e evaluation of t h e capabilities of potential enemies in t h e employment of atomic weapons. 2. Atomic information which is transferred by either Government p u r s u a n t t o this agreement shall be used by t h e other Government exclusively for t h e preparation and implementation of defense plans in t h e m u t u a l interests of t h e t w o co'untries. r- ARTICLE I I 1. All transfers of atomic information t o C a n a d a by t h e United States p u r s u a n t t o this Agreement will be made in compliance with t h e provisions of t h e United States Atomic Energy Act of 1954 and any subsequent applicable United States legislation. All transfers of atomic information to t h e United States by C a n a d a p u r s u a n t to this Agreement will be made in compliance with t h e Atomic Energy Control Act and t h e Atomic Energy Regulations of C a n a d a or subsequent applicable Canadian legislation and regulations. 2. Under this Agreement there will be no transfers by t h e United States or C a n a d a of atomic weapons or special nuclear material, as these t e r m s are defined led % 5 in Section l i d . a n d Section 1 1 1 . of the United States Atomic Energy Act of 1954. jU ARTICLE I I I 1. Atomic information made available p u r s u a n t t o this Agreement shall be accorded full security protection under applicable security arrangements between t h e United States and Canad a and applicable national legislation and regulations of t h e two countries. In no case shall either Government maintain security standards for safeguarding atomic information made available p u r s u a n t t o this 000014 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information 8 PROPOSED AGREEMENTS FOR COOPERATION FOR MUTUAL DEFENSE ^ Agreement lower t h a n those set forth in t h e applicable security arrangr in effect on t h e date this Agreement comes into force 2. Atomic information which is exchanged p u r s u a n t t o this Agreement will be m a d e available through channels existing or hereafter agreed for t h e exchange of classified defense information between t h e t w o Governments. 3. Atomic information received p u r s u a n t to this Agreement shall n o t be t r a n s ferred b y t h e recipient Government t o a n y unauthorized person or, except as provided in Article V of this Agreement, beyond t h e jurisdiction of t h a t Government. E a c h Government m a y stipulate t h e degree t o which a n y of t h e categories of information m a d e available to t h e other Government p u r s u a n t t o this Agreem e n t m a y be disseminated, m a y specify t h e categories of persons who m a y have access t o such information, a nd m a y impose such other restrictions on t h e dissemination of such information as it deems necessary. ARTICLE IV As used in this Agreement, "atomic information" m e a n s : (a) so far as concerns t h e information provided by t h e United States, Restricted D a t a , as defined in Section 11 r. of t h e United States Atomic Energy Act of 1954 which is permitted t o be communicated p u r s u a n t t o t h e provisions of Section 144 b . of t h a t Act a n d information relating primarily t o t h e military utilization of atomic weapons which h as been removed from t h e Restricted D a t a category in accordance with t h e provisions of Section 142 d. of t h e United States Atomic Energy Act of 1954; (b) so far as concerns t h e information provided b y Canada, classified information relating t o t h e military application of atomic energy. ARTICLE v Nothing herein shall be interpreted or operate as a b a r or restriction t o consultation a n d cooperation by t h e United States or C a n a d a with other nations or regional organizations in a n y fields of defense. Neither Government, however, shall communicate atomic information made available b y t h e other Government p u r s u a n t t o his Agreement t o a n y nation or regional organization unless t h e same information has been made available t o t h a t nation or regional organization b y t h e other Government in accordance with its own legislative requirements and except t o t h e extent t h a t such communication is expressly authorized by such other Government. ARTICLE VI This agreement shall enter into force on t h e date of receipt b y t h e Government of Canada of a notification from t h e Government of t h e United States of America t h a t t h e period of t h i r t y days required by Section 123 c. of t h e U. S. Atomic Energy Act of 1954 has elapsed, and shall remain in effect until terminate d b y m u t u a l agreement of b o t h Governments. Done a t Washington this fifteenth day of J u n e 1955 in t w o original texts. For t h e United States of America: C. B U R K E . ELBRICK. For C a n a d a : A. APPENDIX THE SECRETARY P. HEENEY. OF D E F E N S E , Washington, The D. II June 14, 1955. PRESIDENT, The White House. D E A R M R . P R E S I D E N T : Section 144 (b) of t h e Atomic Energy Act of 1954 empowers you t o authorize t h e D e p a r t m e n t of Defense, with t h e assistance of t h e Atomic Energy Commission, t o cooperate with another nation or regional defense .organization t o which t h e United States is a p a r t y a n d t o communicate t o t h a t nation or organization such atomic information as is necessary t o t h e development of defense plans, t h e training of personnel in t h e employment of a n d defense against atomic weapons, a nd t h e evaluation of t h e capabilities of potential enemies in t h e employment of atomic weapons. This cooperation an d communication, however, m a y be undertaken only in accordance with t h e limitations imposed b y t h e a c t a n d under an agreement entered into p u r s u a nt t o section 123 thereof. T h e first of these agreements was with t h e N o r t h Atlantic Treaty Organization. I t was approved b y you on April 13,1955, and has been before t h e J o i n t Committee 000015 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information V-- _CR: • PROPOSED AGREEMENTS'FOR COOPERATION FOR MUTUAL DEFENSE 9 oh i Energy for t h e required 30-day period. W i t h t h e cooperation of t h e D e p a r t m e n t of State, a separate agreement has now been negotiated with t h e United Kingdom and recommended for signature. This proposed agreement is submitted herewith for your approval. I t is t h e view of this- D e p a r t m e n t t h a t this agreement is entirely in accord with t h e provision of t h e Atomic Energy Act of 1954. I a m convinced t h a t it will fully serve t h e best interests of t h e United States by making possible a further significant extension of t h e close cooperation in t h e field of mutual defense which has characr terized our relationships with t h e United Kingdom for so m a n y years. I therefore strongly recommend t h a t you approve this proposed agreement as required b y section 123 of t h e Atomic Energy Act and transmi t t h e agreement t o t h e Joint Committee on Atomic Energy together with your determinations and authorizations as to execution. , With great respect, I a m Faithfully vours, C. E . . J U N E 15, 1955.' The. H o n o r a b l e C L I N T O N , WILSON. Chairman, P. A N D E R S O N , " •• Joint Committee on Atomic Energy, Washington, D. C. D E A R SENATOR ANDERSON: P u r s u a n t to section 123 of t h e Atomic Energy Act of 1954, I hereby submit to t h e Joint Committee on Atomic Energy a proposed agreement between t h e Governments of t h e United States and t h e United Kingdom for cooperation regarding communication of atomic information for m u t u a l defense purposes under section 144 (b) of t h e act. Under t h e terms of the proposed agreement, t h e United States m a y exchange' with t h e United Kingdom, so long as t h e United Kingdom p u r s u a n t to an inter T national arrangement continues to make substantial and material contributions to t h e m u t u a l defense effort, atomic information which t h e United States considers necessary to (1) the development of defense plans; (2) t h e training of personnel in t h e employment of and defense against atomic weapons; and (3) t h e evaluation of t h e capabilities of potential enemies in t h e employment of atomic weapons. T h e United Kingdom will make atomic information available to' t h e United States on the same basis. Atomic information made available p u r s u a n t to t h e proposed agreement will riot be transferred to unauthorized persons, or beyond t h e jurisdiction of t h e recipient government except where t h a t information is to be communicated t o another nation or regional organization which has already been given t h e same information under an agreement similar to this and then only to t h e extent such transfer is specifically authorized by t h e originating government. "' Transfers of atomic information b y t h e United States under t h e proposed agreement will be m a d e only in accordance with t h e Atomic Energy Act of 1954 a n d such information will be safeguarded by t h e stringent security arrangements in effect between t h e United States a n d t h e United Kingdom when this agreement comes into force. T h e agreement will remain in effect until terminated b y agreement between t h e two governments, b u t t h e actual exchange of atomic information is entirely discretionary. T h e D e p a r t m e n t of Defense has strongly recommended approval of this agreement. I t is my firm conviction t h a t through t h e cooperative measures foreseen in this agreement we will have aided materially not only in strengthening our own defenses b u t also those of our British ally a n d will thereb y contribute greatly t o t h e m u t u a l defense efforts which are of such vital importance to t h e maintenance of our common freedom. ' Accordingly, I hereby determine t h a t t h e performance of this proposed agreement will promote, a n d will not constitute an unreasonable risk t o , t h e common defense and security, and approve this agreement. In addition, I hereby a u t h orize, subject t o t h e provisions of t h e Atomic Energy Act of 1954, t h e Secretary of S t a t e t o execute t h e proposed agreement a n d t h e D e p a r t m e n t of Defense, with t h e assistance of t h e Atomic Energy Commission, t o cooperate with t h e United Kingdom a n d to communicate restricted d a t a to t h e United K i n g d o m , under t h e agreement. Sincerely, D W I G H T D. EISENHOWER. 000016 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a information 10 PROPOSED AGREEMENTS FOR COOPERATION FOR MUTUAL D E F E N S E * ' A G R E E M E N T B E T W E E N T H E G O V E R N M E N T OF T H E U N I T E D S T A T E S OF : CA AND T H E G O V E R N M E N T OF T H E U N I T E D K I N G D O M OF G R E A T B R I T A . . ^ AND N O R T H E R N IRELAND FOR COOPERATION REGARDING ATOMIC INFORMATION FOR MUTUAL D E F E N S E PURPOSES T h e Government of t h e United States of America a n d t h e G o v e r n m e nt of t h e United Kingdom of Great Britain a n d N o r t h e r n Ireland, Recognizing t h a t their m u t u a l security a n d defense requires t h a t t h e y be prepared t o meet t h e contingencies of atomic warfare, Recognizing t h a t their common interests will be advanced b y t h e exchange of information pertinent thereto, Believing t h a t t h e exchange of such information can b e u n d e r t a k e n w i t h o u t t h r e a t t o t h e security of either country, a n d Taking into consideration t h e United States Atomic Energy Act of 1954, which was prepared with these purposes in mind, Agree as follows: ARTICLE I 1. While t h e United States a n d t h e United Kingdom a r e participating in international arrangements for their m u t u a l defense a n d security a n d making s u b stantial a n d material contribution thereto, each Government will from t i m e t o time m a k e available t o t h e other Government atomic information which t h e Government making such information available deems necessary t o : (a) t h e development of defense plans ; (b) t h e training of personnel in t h e employment of a n d defense against atomic weapons; a n d (c) t h e evaluation of t h e capabilities of potential enemies in t h e employment of atomic weapons. 2. Atomic information which is transferred by either Government p u r s u a n t t o this agreement shall be used b y t h e other Government exclusively for t h e preparation a n d implementation of defense plans in t h e m u t u a l interests of t h e t w o countries. ARTICLE II 1. All transfers of atomic information t o t h e United Kingdom by t h e United States pursuant t o this Agreement will be m a d e in compliance with t h e provisions of t h e United States Atomic Energy Act of 1954 a n d a n y subsequent applicable United States legislation. All transfers of atomic information t o t h e United States by t h e United Kingdom p u r s u a n t t o this Agreement will be m a d e in compliance with t h e United Kingdom Official Secrets Acts, 1911-1939, a n d t h e United Kingdom Atomic Energy Act of 1946. 2. Under this Agreement there will be no transfers by t h e United States or t h e United Kingdom of atomic weapons or special nuclear material, as these t e r m s a r e defined in Section l i d , and Section l i t , of t h e United States Atomic Energv Act of 1954. ARTICLE III 1. Atomic information m a d e available pursuant t o this Agreement shall be accorded full security protection under applicable security arrangement s between t h e United States a n d t h e United Kingdom and applicable national legislation a n d regulations of t h e t w o countries. I n no case shall either Government maintain security standards for safeguarding atomic information made available p u r s u a n t t o this Agreement lower t h a n those set forth in t h e applicable security arrangements in effect on t h e d a t e this Agreement comes into force. 2. Atomic information which is exchanged pursuant t o this Agreement will be m a d e available t h r o u g h channels existing or hereafter agreed for t h e exchange of classified defense information between t h e t w o Governments. 3. Atomic information received p u r s u a n t t o this Agreement shall n o t be transferred by t h e recipient Government t o a n y unauthorized person or, except as provided in Article V of this Agreement, beyond t h e jurisdiction of t h a t Governm e n t . E a c h Government m a y stipulate t h e degree t o which a n y of t h e categories of information m a d e available t o t h e other Government p u r s u a n t t o this Agreem e n t m a y be disseminated, m a y specify t h e categories of persons who m a y have access t o such information, a n d m a y impose such other restrictions on t h e dissemination of such information as it deems necessary. 000017 �Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information •ROPOSED AGREEMENTS FOR COOPERATION FOR MUTUAL DEFENSE 1 1 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 notification 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. For the United States of America: C. BURKE ELBRICK. For the United Kingdom of Great Britain and Northern Ireland: R. H. SCOTT. o 000018 � Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context CDNW01207 Title A name given to the resource Senate Report Date A point or period of time associated with an event in the lifecycle of the resource 7/20/1955 Source A related resource from which the described resource is derived "Canada/US Agreement for Cooperation concerning military aspects of atomic energy." RG25-A-3-b, vol. 5957, 50219-AK-40, part 1, Library and Archives Canada (LAC). Creator An entity primarily responsible for making the resource Department of External Affairs Rights Information about rights held in and over the resource Canadian Crown Subject The topic of the resource Atomic energy, tripartite cooperation Description An account of the resource Report on the proposed agreements for cooperation regarding atomic information for mutual defencse purposes between the government of the Unites States of American and the government of Canada and the government of the United States of America and the government of the United Kingdom and Ireland Publisher An entity responsible for making the resource available Canada Declassified Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource en