EURATOM Cooperation Act of 1958

EURATOM Cooperation Act of 1958
Great Seal of the United States
Long title An Act to provide for cooperation with the European Atomic Energy Community.
Nicknames European Atomic Energy Community Cooperation Act
Enacted by the 85th United States Congress
Effective August 28, 1958
Citations
Public law 85-846
Statutes at Large 72 Stat. 1084
Codification
Titles amended 42 U.S.C.: Public Health and Social Welfare
U.S.C. sections created 42 U.S.C. §§ 2291–2296
Legislative history
  • Introduced in the Senate as S. 4273 on August 14, 1958
  • Passed the Senate on August 18, 1958 (passed voice vote)
  • Passed the House on August 20, 1958 (passed voice vote, in lieu of H.R. 13749)
  • Signed into law by President Dwight D. Eisenhower on August 28, 1958

EURATOM Cooperation Act of 1958 is a United States statute which created a cooperative program between the European Atomic Energy Community and the United States. In pursuant of the Atomic Energy Act of 1954, the cooperative program was an international agreement provisioning United States policy to establish power plants utilizing nuclear power technology within the European Atomic Energy Community territory. In accordance with the Act, the cooperative agreement sanctioned a civilian nuclear energy research and development program for the evaluation and observation of nuclear reactors selected by the Atomic Energy Commission and the European Atomic Energy Community.

The S. 4273 legislation was passed by the 85th Congressional session and enacted into law by the 34th President of the United States Dwight D. Eisenhower on August 28, 1958.[1]

Provisions of the Act

The EURATOM Cooperation Act authorized several key elements for the cooperative international agreement between the European Atomic Energy Community and the United States.

Definitions

Founding member states illustrated by dark shade
Members of the European Atomic Energy Community
(a) The Community means the European Atomic Energy Community (EURATOM) consisting of Belgium, France, Italy, Luxembourg, Netherlands, and West Germany.
(b) The Commission means the Atomic Energy Commission (AEC), as established by the Atomic Energy Act of 1954
(c) Joint program means the cooperative program established by the Community and the United States and carried out in accordance with the provisions of an agreement for cooperation entered into pursuant of the Atomic Energy Act of 1954 to bring into operation in the territory of the members of the Community power plants using nuclear reactors of types selected by the Commission and the Community, having as a goal a total installed capacity of approximately 1,000,000 kilowatts (1.0×109 W) of electricity by December 31, 1963, except that two reactors may be selected to be in operation by December 31, 1965.
(d) All other terms used in this Act shall have the same meaning as terms described in the Atomic Energy Act of 1954.

Research and Development Program

There is authorized to be appropriated to the Commission the sum of $3,000,000 as an initial authorization for fiscal year 1959 for use in a cooperative program of research and development in connection with the types of reactors selected by the Commission and the Community under the joint program. The Commission may enter into contracts for such periods as it deems necessary, but in no event to exceed five years, for the purpose of conducting the research and development program authorized by this section : Provided That the Community authorizes an equivalent amount for use in the cooperative program of research and development.

Guarantee Contracts

The Commission is authorized, within limits of amounts which may hereafter be authorized to be appropriated in accordance with the provisions of the Atomic Energy Act of 1954, to make guarantee contracts which shall in the aggregate not exceed a total contingent liability of $90,000,000 designed to assure that the charges to an operator of a reactor constructed under the joint program for fabricating, processing, and transporting fuel will be no greater than would result under the fuel fabricating and fuel life guarantees which the Commission shall establish for such reactor. Within the limits of such amounts, the Commission is authorized to make contracts under this section, without regard to the provisions of the Revised Statutes, for such periods of time as it determines to be necessary : Provided however, that no such contracts may extend for a period longer than that necessary to cover fuel loaded into a reactor constructed under the joint program during the first ten years of the reactor operation or prior to December 31, 1973 (or December 31, 1976, for not more than two reactors selected, whichever is earlier. In establishing criteria for the selection of projects and in entering into such guarantee contracts, the Commission shall be guided by, but not limited to, the following principles :
(a) The Commission shall encourage a strong and competitive atomic equipment manufacturing industry in the United States designed to provide diversified sources of supply for reactor parts and reactor fuel elements under the joint program.
(b) The guarantee shall be consistent with the provisions of this Act and of Attachment A to the Memorandum of Understanding between the Government of the United States and the Community, signed in Brussels on May 29, 1958, and in Washington, District of Columbia, on June 12, 1958, and transmitted to United States Congress on June 23, 1958.[2][3]
(c) The Commission shall establish and publish minimum levels of fuel element cost and life to be guaranteed by the manufacturer as a basis for inviting and evaluating proposals.
(d) The guarantee by the manufacturer shall be as favorable as any other guarantee offered by the manufacturer for any comparable fuel element within a reasonable time period.
(e) The Commission shall obtain a royalty-free, non-exclusive, irrevocable license for governmental purposes to any patents on inventions or discoveries made or conceived by the manufacturer in the course of development or fabrication of fuel elements during the period covered by the Commission's guarantee.

Nuclear Material Sale or Lease

There is authorized for sale or lease to the Community :
in accordance with the provisions of an agreement for cooperation between the Government of the United States and the Community entered into pursuant of the Atomic Energy Act of 1954 : Provided That the Government of the United States obtains the equivalent of a first lien on any such nuclear material sold to the Community for which payment is not made in full at the time of transfer.

Acquisition of Nuclear Materials

(a) The Atomic Energy Commission is authorized to purchase or otherwise acquire from the Community special nuclear material or any interest therein from reactors constructed under the joint program in accordance with the terms of an agreement for cooperation entered into pursuant of the Atomic Energy Act of 1954 : Provided That neither plutonium nor Uranium-233 nor any interest therein shall be acquired under this section in excess of the total quantities authorized by law. The Commission is authorized to acquire from the Community pursuant to this section up to 4,100 kilograms (9,000 lb) of plutonium for use only for peaceful purposes.
(b) Any contract made under the provisions of this section to acquire plutonium or any interest therein may be at such prices and for such period of time as the Commission may deem necessary : Provided That with respect to plutonium produced in any reactor constructed under the joint program, no such contract shall be for a period greater than ten years of operation of such reactors or December 31, 1973 (or December 31, 1975, for not more than two reactors, whichever is earlier : And provided further that no such contract shall provide for compensation or the payment of a purchase price in excess of the Commission's established price in effect at the time of delivery to the Commission for such material as fuel in a nuclear reactor.
(c) Any contract made under the provisions of this section to acquire uranium enriched in the isotope uranium 235 may be at such price and for such period of time as the Commission may deem necessary : Provided That no such contract shall be for a period of time extending beyond the terminal date of the agreement for cooperation with the Community or provide for the acquisition of uranium enriched in the isotope U-235 in excess of the quantities of such material that have been distributed to the Community by the Commission less the quantity consumed in the nuclear reactors involved in the joint program : And provided further that no such contract shall provide for compensation or the payment of a purchase price in excess of the Atomic Energy Commission's established charges for such material in effect at the time delivery is made to the Commission.
(d) Any contract made under this section for the purchase of special nuclear material or any interest therein may be made without regard to the provisions of the Revised Statutes.
(e) Any contract made under this section may be made without regard to the Revised Statutes, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable.

Nonliability of U.S.

The Government of the United States of America shall not be liable for any damages or third party liability arising out of or resulting from the joint program : Provided however, that nothing in this section shall deprive any person of any rights under the Atomic Energy Act of 1954. The Government of the United States shall take such steps as may be necessary, including appropriate disclaimer or indemnity arrangements, in order to carry out the provisions of this section.

Amendments to 1958 Act

Chronological amendments to the EURATOM Cooperation Act of 1958.

Date of Enactment Public Law Number U.S. Statute Citation U.S. Legislative Bill U.S. Presidential Administration
September 6, 1961 P.L. 87-206 75 Stat. 475 H.R. 8599 John F. Kennedy
August 1, 1964 P.L. 88-394 78 Stat. 376 S. 2963 Lyndon B. Johnson
December 14, 1967 P.L. 90-190 81 Stat. 575 S. 2644 Lyndon B. Johnson
August 14, 1973 P.L. 93-88 87 Stat. 296 S. 1993 Richard M. Nixon

Nuclear Cooperation With EURATOM

Chronological authorizations for United States nuclear cooperation with EURATOM through U.S. Presidential Executive Orders.

Date of Authorization Executive Order Number U.S. Presidential Administration
February 12, 1980 12193 Jimmy Carter
February 24, 1981 12295 Ronald Reagan
March 9, 1982 12351 Ronald Reagan
March 7, 1983 12409 Ronald Reagan
February 23, 1984 12463 Ronald Reagan
March 4, 1985 12506 Ronald Reagan
February 28, 1986 12554 Ronald Reagan
March 9, 1987 12587 Ronald Reagan
March 9, 1988 12629 Ronald Reagan
March 9, 1989 12670 George H.W. Bush
March 9, 1990 12706 George H.W. Bush
March 8, 1991 12753 George H.W. Bush
March 9, 1992 12791 George H.W. Bush
March 9, 1993 12840 William J. Clinton
March 9, 1994 12903 William J. Clinton
March 9, 1995 12955 William J. Clinton

See also

Wikimedia Commons has media related to Euratom.

References

  1. ↑ Peters, Gerhard; Woolley, John T. "Dwight D. Eisenhower: "Statement by the President Upon Signing the Euratom Cooperation Act.," August 29, 1958". The American Presidency Project. University of California - Santa Barbara.
  2. ↑ "Memorandum From Acting Secretary of State Herter and the Chairman of the Atomic Energy Commission (Strauss) to President Eisenhower". Foreign Relations of the United States, 1958–1960, Volume VII, Part 1, Western European Integration and Security, Canada, Document 3. United States Department of State, Bureau of Public Affairs, Office of the Historian. January 28, 1958. p. Annex.
  3. ↑ "Memorandum of Understanding regarding the proposed Joint Nuclear Power Programme between Euratom and the United States (Brussels)". Centre virtuel de la connaissance sur l'Europe. Grand-Duche de Luxembourg. May 29, 1958.
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