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WITHDRAWAL SHEET (PRESIDENTIAL LIBRARIES) FORM OF DOCUMENT CORRESPONDENTS OR TITLE DATE RESTRICTION / Distribution Lists 1/15/75 A Miemo FILE LOCATION NSC H-FILES Box H-246 Folder 5 RESTRICTION CODES (A) Closed by applicable Executive order governing access to national security information. (B) Closed by statute or by the agency which originated the document. (C) Closed in accordance with restrictions contained in the donor's deed of gift. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION at the Richard Nixon Presidential Library NA 14029 (1-98) DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified 237 NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20506 January 15, 1975 MEMORANDUM FOR The Secretary of Defense The Attorney General The Secretary of Commerce The Director, Office of Management and Budget The Deputy Secretary of State The Director, Arms Control and Disarmament Agency The Director of Central Intelligence The Chairman, Atomic Energy Commission The Executive Director, Council on International Economic Policy SUBJECT: Presidential Report to Congress Regarding Nuclear Safeguards and the Export of Nuclear Technology and Materials The Export Administration Act Amendments of 1974 include the following Section: "Sec. 14. The President is directed to review all laws, regulations issued thereunder by the Atomic Energy Commission, the Department of Commerce, and other Government agencies, governing the export and re-export of materials, supplies, articles, technical data or other information relating to the design, fabrication, develop- ment, supply, repair or replacement of any nuclear facility or any part thereof, and to report within six months to the Congress on the adequacy of such regulations to prevent the proliferation of nuclear capability for nonpeaceful purposes. The President is also directed to review domestic and inter- national nuclear safeguards and to report within six months to the Congress on the adequacy of such safeguards to prevent the proliferation, diversion or theft of all such nuclear materials and on efforts by the United States and other countries to strengthen international nuclear safeguards in anticipation of the Review Conference scheduled to be held in February 1975 pursuant to Article VIII, section 3 of the Treaty on the Non-Proliferation of Nuclear Weapons." Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified 2 The President has requested the Atomic Energy Commission to prepare the reports specified in Section 14 and to coordinate them with the other addressees listed above. The President has directed that the Energy Research and Development Agency (ERDA) assume responsibility for preparation of the reports when that agency comes into being and that it also seek the views of the Nuclear Regulatory Agency in regard to adequacy of domestic safeguards. The reports should draw upon the studies conducted in connection with NSDM 235 and 255, NSSM 202, and other policies and plans relating to domestic and international safeguards and the prevention of nuclear proliferation. These reports should be forwarded to the President before March 31, 1975. ti A. Henry A. Kissinger cc: William A. Anders, Chairman- designate, Nuclear Regulatory Commission Robert Seamans, Administrator - designate, Energy Research & Development Agency Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified NIXON PRESIDENTIAL MATERIALS PROJECT DOCUMENT CONTROL RECORD ITEM REMOVED FROM THIS FILE FOLDER A RESTRICTED DOCUMENT OR CASE FILE HAS BEEN REMOVED FROM THIS FILE FOLDER. FOR A DESCRIPTION OF THE ITEM REMOVED AND THE REASON FOR ITS REMOVAL, CONSULT DOCUMENT ENTRY NUMBER / ON EITHER THE DOCUMENT WITHDRAWAL RECORD (GSA FORM 7292 OR NA FORM 1421) OR NARA WITHDRAWAL SHEET (GSA FORM 7122) LOCATED IN THE FRONT OF THIS FILE FOLDER. A sanitized copy substituted for an original item which Contains information restricted under the Privacy Act. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION NLN FORM 101 (revised 6-85) Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified MEMORANDUM THE WHITE HOUSE WASHINGTON MEMORANDUM FOR: THE PRESIDENT FROM: HENRY A. KISSINGER SUBJECT: Report to Congress Regarding Nuclear Safeguards and the Export of Nuclear Technology and Materials The 1974 Export Administration Act requires that you report to Congress before April 30, 1975, on the adequacy of U.S. regulations and domestic and international safeguards in preventing nuclear proliferation or theft (Tab B). The AEC (and ERDA and the NRC which will succeed it) is prepared to assemble the reports in coordination with other interested agencies. The directive at Tab A requests such action. RECOMMENDATION That you approve the issuance of the memorandum at Tab A directing the preparation of the required reports to Congress on nuclear safeguards. APPROVE DISAPPROVE Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified MEMORANDUM ACTION - 237 TABI retipped NATIONAL SECURITY COUNCIL January 13, 1975 MEMORANDUM FOR: SECRETARY KISSINGER FROM: DAVID D. ELLIOTT D.E. SUBJECT: Presidential Report to Congress Regarding Nuclear Safeguards and the Export of Nuclear Technology and Materials The 1974 Export Administration Act requires the President to report to Congress before April 30, 1975, on the adequacy of U.S. regulations and domestic and international safeguards in preventing nuclear pro- liferation or theft (Tab B). The AEC is prepared to assemble the reports in coordination with other interested agencies, but needs a directive from the Executive Office indicating that is how the President wants the matter pursued. Because of the national security and foreign policy aspects to the requested reports, and our involvement in this issue through NSDM 235, 254, and 255 and NSSM 202, the NSC is the appropriate mechanism to obtain the Presidential directive, and to request and receive the reports from the AEC. OMB and CIEP agree. The memorandum to the President (Tab I) requests his approval to the study directive (Tab A). Dick Kennedy concurs. RECOMMENDATION: 1. That you initial the memorandum to the President (Tab I). 2. If he approves, that you sign the study directive (Tab A). Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified "Sec. 14. The President is directed to review all laws, regulations issued thereunder by the Atomic Energy Commission, the Department of Commerce, and other Government agencies, governing the export and re-export of materials, supplies, articles, technical data or other information relating to the design, fabrication, develop- ment, supply, repair or replacement of any nuclear facility or any part thereof, and to report within six months to the Congress on the adequacy of such regulations to prevent the proliferation of nuclear capability for nonpeaceful purposes. The President is also directed to review domestic and inter- national nuclear safeguards and to report within six months to the Congress on the adequacy of such safeguards to prevent the proliferation, diversion or theft of all such nuclear materials and on efforts by the United States and other countries to strengthen international nuclear safeguards in anticipation of the Review Conference scheduled to be held in February 1975 pursuant to Article VIII, section 3 of the Treaty on the Non-Proliferation of Nuclear Weapons. 11 Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified [Tab I - retyped - #237] MEMORANDUM FOR: THE PRESIDENT FROM: HENRY A. KISSINGER SUBJECT: Report to Congress Regarding Nuclear Safeguards and the Export of Nuclear Technology and Materials The 1974 Export Administration Act requires that you report to Congress before April 30, 1975, on the adequacy of U.S. regulations and domestic and international safeguards in preventing nuclear proliferation or theft (Tab B). The AEC (and ERDA and the NRC which will succeed it) is prepared to assemble the reports in coordination with other interested agencies. The directive at Tab A requests such action. RECOMMENDATION That you approve the issuance of the memorandum at Tab A directing the preparation of the required reports to Congress on nuclear safeguards. APPROVE DISAPPROVE Gen S:wgh: 14 Jan 75 (retyped) Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified [Tab I - retyped - #237] MEMORANDUM FOR: THE PRESIDENT FROM: HENRY A. KISSINGER SUBJECT: Report to Congress Regarding Nuclear Safeguards and the Export of Nuclear Technology and Materials The 1974 Export Administration Act requires that you report to Congress before April 30, 1975, on the adequacy of U.S. regulations and domestic and international safeguards in preventing nuclear proliferation or theft (Tab B). The AEC (and ERDA and the NRC which will succeed it) is prepared to assemble the reports in coordination with other interested agencies. The directive at Tab A requests such action. RECOMMENDATION That you approve the issuance of the memorandum at Tab A directing the preparation of the required reports to Congress on nuclear safeguards. APPROVE DISAPPROVE Gen S:wgh:14 Jan 75 (retyped) Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified DOC RECD LOG NBR INITIAL ACTION O NSC CORRESPONDENCE PROFILE MO DA MO DA HR FROM: Elliot issinger, 13/ 13 16 7500237 REFERENCE: CIRCLE AS APPROPRIATE TO: PRES S/S UNCLAS LOG IN/OUT SOURCE/CLASS/DESCRIPTION kissinger X COLBY, W OTHER LOU NO FORN NODIS SCOWCROFT J C EYES ONLY EXDIS SUBJECT: DAVIS ST EX SEC Report to Companying TS S Rucbar SENSITIVE CODEWORD hundred of the that Nuclem Uchnology INTERNAL ROUTING AND DISTRIBUTION E ACTION INFO REC ACTION REQUIRED CY ADVANCE CYS TO HAK/SCOWCROFT FOR MEMO FOR HAK ( ) STAFF SECRETARY MEMO FOR PRES ( ) REPLY FOR FAR EAST ( ) SUB-SAHARAN AFRICA APPROPRIATE ACTION ( ) DISTRIBUTION/INITIAL ACTION ASGMT MID EAST / NO. AFRICA / so. ASIA MEMO TO ( ) EUROPE / CANADA RECOMMENDATIONS ( ) LATIN AMERICA JOINT MEMO ( ) UNITED NATIONS REFER TO FOR: ( ) ECONOMIC ANY ACTION NECESSARY? ( ) SCIENTIFIC CONCURRENCE. ( ) program ANALYSIS due DATE: NSC PLANNING XV COMMENTS: (INCLUDING SPECIAL INSTRUCTIONS) CONGRESSIONAL OCEANS POLICY RSDm 235, 254, 255 NTELLIGENCE nhex assm 202 DATE FROM TO S CY TO 1/13 HAK X 1/15/75 Nocts has for SUBSEQUENT decision ACTION required (OR TAKEN): 1-20 BS fob HK for GF SUBSEQUENT ROUTING/ACTIONS 1/15 BS Jn HK forGE Approved Read 1/15 $5 DAvis S Kenin & Distribut 1-16 sey 1/15 C 1/15 HAR Sgl Mem to agencias by IL DISPATCH CY RQMTS: SEE ABOVE PLUS: anders, Seamans D Sheet MICROFILM & FILE RQMTS NSC/S DISP INSTR NOTIFY & DATE BY M/F'D BY asom SPECIAL DISPOSITION: OPEN CRT ID: ad 255 SA SF CROSS REF W/ HP NS suspense CY ATTACHED: FOLDER: CLOSE n+l WH EP Reproduced at the Richard Nixon Presidential Library PA DY DECLASSIFIED (NBC-74-21) This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified SECRET back upr) 6225 DAVU UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY FYI also in SM202 January 3, 1975 OFFICE OF THE DIRECTOR CC folders MEMORANDUM FOR THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS SUBJECT: ACDA Recommendations on U.S. Enrichment Policy ACDA was requested by an NSC Memorandum dated December 19 to submit its comments and recommendations on the interagency study U.S. Policy on Enriched Uranium prepared in response to NSSM 209 and on the earlier drafts submitted by AEC and State. This study, in contrast to earlier drafts, does reflect a heightened awareness of the foreign policy, non-proliferation, balance of payments, and international energy aspects of the decisions facing the U.S. in the area of future enrichment policy. The discussions and the range of options now proposed for con- sideration should provide an adequate basis for a decision on this important problem. ACDA's views on the serious impact on our non- proliferation efforts of our past enrichment policy as well as the consequences of further delay in the U.S. commitment to the 4th and 5th major increments of enrichment capacity were outlined in our Memorandum to you of November 25. In view of the urgent need to resolve at an early date the present uncertainty surrounding the U.S. enrichment policy, ACDA believes that the non-proliferation interests of the United States would be best served by a modified version of option "b", proposed in the interagency's study, i.e. "Defer private entry and obtain authorization for government construction of, at least, the next two enrichment plants." The decision on the timing and technologies to be used should be based on a comprehensive and updated review by AEC of the projected supply and demand for enriched uranium. ACDA does not believe that a decision on the ultimate role SECRET (GDS) Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified SECRET -2- of private ownership need necessarily be made at this time so long as our ability to continue international cooperation in uranium enrichment is not forced to await that decision. This recommendation would permit the U.S. Government to take at the earliest possible time those actions necessary to assure both domestic and foreign customers of à reliable and continuous supply of enriched uranium. Most important, it would be fully responsive to our foreign policy require- ments. For example, it would permit prompt implementation of the currently stalled NSDM 255 recommendation to initiate consultations aimed at encouraging, where appropriate, the construction of multi-national reprocessing and enrichment plants. Furthermore, it would be possible to apply the recommendations of the NSSM 202 study, if approved, to strengthen the NPT by implementation of the preferential treatment feature of Article IV of the Treaty. The ability of the U.S. to influence the application of effective safe- guards and to control the spread of enrichment technologies among the non-nuclear weapon states would be significantly enhanced. The U.S. efforts to influence enrichment developments abroad by encouraging multi-national enrichment plants, effective export agreements, improved safeguards, and controlled sharing of enrichment technology will continue to erode unless the United States is prepared in the near future to build the next major increment of enrichment capacity. Fred C. Ikle SECRET Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified 3678 S/S-7416015 department OF state 3678 Washington, D.C. 20520 August 26, 1974 LIMITED OFFICIAL USE MEMORANDUM FOR MAJOR GENERAL BRENT SCOWCROFT THE WHITE HOUSE Subject: Proposed NSSM on Additional Uranium Enrichment Capacity Unless construction starts soon on new capacity for enriching uranium, we face the unacceptable con- sequence in the 1980s of a shortage of nuclear fuel. Key decisions on this matter are expected by and needed no later than the end of the year. Although Administration support for private industry ownership and management of the next increment of uranium enrichment capacity remains unabated, there are now strong indications that industry may not be able to muster the necessary resources, including financing, in time to bring this fourth plant into being on schedule. This unhappy possibility points to the complete absence of USG planning to meet such a contingency. The enclosed draft NSSM is intended to remedy this deficiency. The Secretary has expressed the opinion that this question should be put into urgent discussion through NSC channels, so we suggest that the termination date for the proposed study be November 1, 1974, in order to allow adequate time for discussion of this complex problem at NSC and Cabinet level prior to the end of the year. George S. Springsteen Executive Secretary Enclosure: Draft NSSM re Contingency Plans for Providing Additional Uranium Enrichment Capacity LIMITED OFFICIAL USE Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified DRAFT LIMITED OFFICIAL USE NATIONAL SECURITY STUDY MEMORANDUM TO: The Secretary of the Treasury The Secretary of Defense The Secretary of Commerce The Deputy Secretary of State The Director of Central Intelligence The Chairman, Atomic Energy Commission The Director, Federal Energy Agency The Executive Director, Council on International Economic Policy SUBJECT: Contingency Plans for Providing Additional Uranium Enrichment Capacity The President has affirmed the previously existing policy to encourage private entry in the uranium enrichment field. However, in the event that private entry should not prove feasible on a schedule or under conditions consistent with the need for additional uranium enrichment capacity, the President wishes to be advised of the principal alternatives which should be considered and the arguments for and against these alternatives. Accordingly, taking into account both the domestic importance of assuring adequate enriching LIMITED OFFICIAL USE Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified LIMITED OFFICIAL USE -2- capacity and our continuing role as a world supplier of enriched uranium, the President has requested that a study be prepared of such approaches as the following: -- Provision of additional enriching capacity by the Atomic Energy Commission or a successor government agency; -- establishment of a government corporation; -- establishment of a public (or public- private) corporation; -- other approaches which may represent significant alternatives to the fore- going. The study should take into account: -- domestic requirements and domestic economic implications; -- foreign policy and national security implications; -- financial and managerial implications; -- Congressional attitudes and the possible need for legislation; LIMITED OFFICIAL USE Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified LIMITED OFFICIAL USE -3- -- implications for subsequent transition to private ownership and operation. The study should be prepared by an ad hoc group chaired by the Department of State and including representatives of the addressees,and should be reviewed by the NSC Under Secretaries Committee prior to submission to the President. The study should be submitted to the White House by . CC: The Chairman, Joint Chiefs of Staff The Counsellor to the President for Economic Policy The Director, Office of Management and Budget LIMITED OFFICIAL USE Reproduced at the Richard Nixon Presidential Library DECLASSIFIED This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified DOC RECD LOG NBR INITIAL ACTION O NSC CORRESPONDENCE PROFILE MO DA MO DA HR 826 20 7403678 Elliot REFERENCE: circle AS APPROPRIATE TO: pres FROM: kissinger, H S/S 7416015 UNCLAS LOG IN/OUT SOURCE/CLASS/DESCRIPTION kissinger COLBY, W OTHER LOU NO FORN NODIS SCOWCROFT 2 J C EYES ONLY EXDIS DAVIS ST EX sec to S CODEWORD TS SENSITIVE SUBJECT: Proposed NSSM on additional Uranum capacity internal ROUTING AND DISTRIBUTION REC ACTION required ACTION INFO CY ADVANCE CYS TO HAK/SCOWCROFT FOR memo FOR HAK ( ) STAFF SECRETARY MEMO FOR PRES ( X ) FAR EAST REPLY FOR ( ) SUB-SAHArAN AFRICA APPROPRIATE ACTION ( DISTRIBUTION/INITIAL ACTION ASGMT ) MID EAST / NO. AFRICA / so. ASIA MEMO TO ( ) europe / CANADA RECOMMENDATIONS ( ) LATIN AMERICA JOINT MEMO ( ) UNITED NATIONS REFER TO FOR: ( ) ECONOMIC ANY ACTION NECESSARY? ( ) SCIENTIFIC x x CONCURRENCE ( ) program ANALYSIS NSC planning COMMENTS: DUE DATE: (INCLUDING 9/08 action on this package was 8-29-74 subsumed SPECIAL INSTRUCTIONS) CONGRESSIONAL OCEANS POLICY INTELLIGENCE under X-3704. no further action required on this package. D,E. DATE FROM TO S 8/29 SUBSEQUENT ACTION REQUIRED (OR TAKEN): CY TO E Lee 7403704 for Action SUBSEQUENT ROUTING/ACTIONS DISPATCH CY RQMTS: SEE ABOVE PLUS: MICROFILM & FILE RQMTS: NSC/S DISP INSTR NOTIFY & DATE BY AU M/F'D BY special DISPOSITION: 630 CRT ID: 1974 SA S CROSS REF W/ 7403704 OPEN 2 HP NS suspense CY ATTACHED: X FOLDER: CLOSE paf unit EP PA DY Reproduced at the Richard Nixon Presidential Library DECLASSIFIED (NBC-74-21) This document has been reviewed pursuant to Executive Order 13526 and has been determined to be declassified