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R.V. 9, 4S 57

1757

CONTENTS

Strauss, Lewis L., Chairman, accompanied by A. A. Wells, Office of

General Counsel, Atomic Energy Commission_.

Wadsworth, James J., deputy representative of the United States to

the United Nations__

Wilcox, Francis, Assistant Secretary of State, accompanied by Gerard
Smith, special assistant to the Secretary of State for Atomic Energy-

Additional information furnished for the record:

Analysis of the statute of the International Atomic Energy Agency__

Dulles, John Foster, Secretary of State, letter to Senator Fulbright,
regarding classification of testimony by Department of State_-_-
S. 2341, a bill to provide for the appointment of representatives of the
United States in the organs of the International Atomic Energy
Agency, and to make other provisions with respect to the participa-
tion of the United States in that Agency, and for other purposes--

Statement on worldwide reaction to President Eisenhower's proposals

for an International Atomic Energy Agency..

Statute of the International Atomic Energy Agency.

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PARTICIPATION ACT FOR THE INTERNATIONAL

ATOMIC ENERGY AGENCY

TUESDAY, JULY 2, 1957

CONGRESS OF THE UNITED STATES,
SUBCOMMITTEE ON AGREEMENTS FOR COOPERATION
OF THE JOINT COMMITTEE ON ATOMIC ENERGY,

Washington, D. C.

The subcommittee met, pursuant to notice, at 10 a. m., in room P-38, the Capitol, Hon. John O. Pastore, chairman of the subcommittee, presiding.

Present: Senators Pastore (chairman of the subcommittee), Hickenlooper, and Bricker.

Representatives Durham (chairman of the Joint Committee), Price, Cole, and Jenkins.

Senator PASTORE. This is a meeting of the Subcommittee on Agreements for Cooperation of the Joint Committee on Atomic Energy. Notices of this meeting have been sent to all members of the committee, even though they are not members of the subcommittee, so that they could attend if they so desire.

This meeting is to consider the Participation Act for the International Atomic Energy Agency.

This bill was introduced in the House by Mr. Price, H. R. 8251, and by Mr. Cole, H. R. 8254. I introduced the bill in the Senate, S. 2341.

All three of these bills are identical and are the legislation which has been suggested by the Department of State and forwarded by the Secretary of State to the Speaker of the House and the President of the Senate.

While the treaty itself was passed by the Senate on June 18, the treaty has not yet been signed. The legislation we are considering today is to establish the rules within the United States for participating in the Agency. This act is similar to the Participation Act we have for the Unted Nations and many other international organizations. The first section would give the title of the act as the "International Atomic Energy Agency Participation Act of 1957."

The second section permits the President to appoint a representative and a deputy representative to the Board of Governors, the General Conference, and to other organs of the Agency.

It also permits the President to appoint delegates to the General Conference. The President can also appoint representatives to other organs of the Agency.

The bill provides for the rates of pay for those designated to represent the United States at the Agency.

1

The Participation Act would require the participation of the United States to be in conformity with both the statute of the Agency and the Atomic Energy Act. The President is to report to the Congress on the Agency's activities at least once a year.

Section 4 requires the representatives of the United States to vote at the Agency in accordance with the instructions from the President. Section 5 provides the authorization for the appropriations to carry into effect the actual participation of the United States through its representatives.

I now ask that S. 2341 be inserted in full in the record at this point. (The bill, S. 2341, is as follows:)

[S. 2341, 85th Cong., 1st sess.]

A BILL To provide for the appointment of representatives of the United States in the organs of the International Atomic Energy Agency, and to make other provisions with respect to the participation of the United States in that Agency, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "International Atomic Energy Participation Act of 1957."

SEC. 2. (a) The President, by and with the advice and consent of the Senate, shall appoint a representative and a deputy representative of the United States to the International Atomic Energy Agency (hereinafter referred to as the "Agency"), who shall hold office at the pleasure of the President. Such representative and deputy representative shall represent the United States on the Board of Governors of the Agency, may represent the United States at the General Conference, and may serve ex officio as United States representative on any organ of that Agency, and shall perform such other functions in connection with the participation of the United States in the Agency as the President may from time to time direct.

(b) The President, by and with the advice and consent of the Senate, may appoint or designate from time to time to attend a specified session or specified sessions of the General Conference of the Agency a representative of the United States and such number of alternates as he may determine consistent with the rules of procedure of the General Conference.

(c) The President may also appoint or designate from time to time such other persons as he may deem necessary to represent the United States in the organs of the Agency. The President may designate any officer of the United States Government, whose appointment is subject to confirmation by the Senate, to act, without additional compensation, for temporary periods as the representative of the United States on the Board of Governors of the Agency in the absence or disability of the representative and deputy representative appointed under section 2 (a) or in lieu of such representatives in connection with a specified subject matter.

(d) All persons appointed or designated in pursuance of authority contained in this section shall receive compensation at rates determined by the President upon the basis of duties to be performed but not in excess of rates authorized by sections 411 and 412 of the Foreign Service Act of 1946, as amended (22 U. S. C. 866, 867), for Chiefs of Mission and Foreign Service officers occupying positions of equivalent importance, except that no Member of the Senate or House of Representatives or officer of the United States who is designated under subsection (b) or subsection (c) of this section as a delegate or representative of the United States or as an alternate to attend any specified session or specified sessions of the General Conference shall be entitled to receive such compensation. Any person who receives compensation pursuant to the provisions of this subsection may be granted allowances and benefits not to exceed those received by Chiefs of Mission and Foreign Service officers occupying positions of equivalent importance.

SEC. 3. The participation of the United States in the International Atomic Energy Agency shall be consistent with and in furtherance of the purposes of the Agency set forth in its Statute and the policy concerning the development, use, and control of atomic energy set forth in the Atomic Energy Act of 1954, as amended. The President shall, from time to time as occasion may require, but not less than once each year, make reports to the Congress on the activities

of the International Atomic Energy Agency and on the participation of the United States therein.

SEC. 4. The representatives provided for in Section 2 hereof, when representing the United States in the organs of the International Atomic Energy Agency, shall, at all times, act in accordance with the instructions of the President, and such representatives shall, in accordance with such instructions, cast any and all votes under the Statute of the International Atomic Energy Agency.

SEC. 5. There is hereby authorized to be appropriated annually to the Department of State, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for the payment by the United States of its share of the expenses of the International Atomic Energy Agency as apportioned by the Agency in accordance with paragraph (D) of article XIV of the Statute of the Agency, and for all necessary salaries and expenses of the representatives provided for in section 2 hereof and of their appropriate staffs, including personal services without regard to the civil service laws and the Classification Act of 1949, as amended; travel expenses without regard to the Standardized Government Travel Regulations, as amended, the Travel Expense Act of 1949, as amended, and section 10 of the Act of March 3, 1933, as amended; salaries, expenses, and allowances of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended; services as authorized by section 15 of the Act of August 2, 1946 (5 U. S. C. 55a); translating and other services, by contract; hire of passenger motor vehicles and other local transportation; printing and binding without regard to section II of the Act of March 1, 1919 (44 U. S. C. 111); official functions and courtesies; such sums as may be necessary to defray the expenses of United States participation in the Preparatory Commission for the International Atomic Energy Agency, established pursuant to annex I of the Statute of the International Atomic Energy Agency; and such other expenses as may be authorized by the Secretary of State.

Senator PASTORE. On June 19, because of the interest of the Senators in the problems discussed on the floor of the Senate during the ratification, I announced that public hearings would be held on the Participation Act to receive statements from interested Senators. I reextended that invitation on June 26 when I announced on the floor of the Senate that this hearing date had to be postponed until today, July 2. No Senators have requested permission thus far to appear or to file a statement. Therefore, I will turn to the witnesses from the executive branch.

Today we have representatives from the Department of State and the Atomic Energy Commission ready to appear before us.

I would like to suggest that first we hear from Mr. Francis Wilcox, Assistant Secretary of State for International Organization Affairs, who will deal with the technicalities of the Participation Act and with the general Department of State position.

Second, we will hear from Admiral Strauss of the Atomic Energy Commission, with respect to the Commission's views on this statute. Third, I would like to round out this hearing with a statement from Ambassador Wadsworth as to the intent and scope of the statute in order to get the record complete for any questions which might be raised about the Agency in both Houses.

I believe that this is especially important, since this will be the first record of the Agency which will be presented to the House of Representatives for its consideration.

I have been told by the Department of State that the presentation by the three witnesses will take about a half hour. They have requested that there be a minimum of questioning until the complete presentation is over, at which time the three witnesses will be available for any questions the committee members might desire to ask. Mr. Wilcox, will you please present your statement.

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