72 S T A T. ]
PUBLIC LAW 8 5 - 4 7 9 - J U L Y 2, 1958
277
while such other nation is participating with the United States pursuant to an international arrangement by substantial and material contributions to the mutual defense and security: Provided, however, coop/rlu^f "*'°' That the cooperation is undertaken pursuant to an agreement entered into in accordance with section 123: And provided furthsr, That if an agreement for cooperation arranged pursuant to this subsection provides for transfer of utilization facilities for military applications the Commission, or the Department of Defense with respect to cooperation it has been authorized to undertake, may authorize any person to transfer such utilization facilities for military ajjplications in accordance with the terms and conditions of this subsection and of the agreement for cooperation." SEC. 2. Section 92 of the Atomic Energy Act of 1954, as amended, ^^ use 2122. is amended to read as follows: "SEC. 92. PROHIBITION.—It shall be unlawful, except as provided in section 91, for any person to transfer or receive in interstate or foreign commerce, manufacture, produce, transfer, acquire, possess, import, or export any atomic weapon. Nothing in this section shall be deemed to modify the provisions of subsection 31 a. or section 101." SEC. 3. Subsection 123 a. of the Atomic Energy Act of 1954, as 42 USC 2153. amended, is amended to read as follows: "SEC.
123. COOPERATION W I T H OTHER NATIONS.—No cooperation
with any nation or regional defense organization pursuant to section 54, 57, 64, 82, 91, 103, 104, or 144 shall be undertaken until— "a. the Commission or, in the case of those agreements for coopera- Restricted data, tion arranged pursuant to subsection 91 c. or 144 b. which are to be implemented by the Department of Defense, the Department of Defense has submitted to the President the proposed agreement for cooperation, together with its recommendations 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 standards as set forth in the agreement for cooperation will be maintained; (3) except in the case of those agreements for cooperation arranged pursuant to subsection 91 c. a guaranty by the cooperating party that any material to be transferred 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;". SEC. 4. Section 123 of the Atomic Energy Act of 1954, as amended, '^^ use 2153. is amended in subsection b. by deleting the word "and" at the end thereof; in subsection c. by changing the period at the end thereof to a semicolon and inserting thereafter and;; and by adding the following new subsection: 'd. the proposed agreement for cooperation, together with the gr^f|'.°'^^ °^^"' approval and determination of the President, if arranged pursuant to subsection 91 c, 144 b., or 144 c, has been submitted to the Congress and referred to the Joint Committee and a period of sixty days has elapsed while Congress is in session, but any such proposed agreement for cooperation shall not become effective if during such sixty-day period the Congress passes a concurrent resolution stating in substance that it does not favor the proposed agreement for cooperation: Provided, however, That during the Eighty-fifth Congress such period shall be thirty days (in computing such sixty days, or thirty days, as the case may be, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days)."
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