Изображения страниц
PDF
EPUB

essary to the discharge of its responsibilities, including a division or divisions the primary responsibilities of which include the development and application of civilian uses of atomic energy. The Division of Military Application shall be under the direction of an Assistant General Manager for Military Application, who shall be appointed by the Commission and shall be an active commissioned officer of the Armed Forces serving in general or flag officer rank or grade, as appropriate. Each [such] other program division shall be under the direction of a Director who shall be appointed by the Commission. [The Director of the Division of Military Application shall be an active member of the Armed Forces]. The Commission shall require each such division to exercise such of the Commission's administrative and executive powers as the Commission may determine;"

SEC. 2. Section 28 of the Atomic Energy Act of 1954, as amended, is amended by revising the first two sentences thereof to read as follows:

"Notwithstanding the provisions of any other law, [any active] an officer of the Army, Navy, or Air Force [may serve] serves as [Director of the Division of] Assistant General Manager for Military Application without prejudice to his commissioned status as such officer. Any such officer, while serving as [Director of the Division of] Assistant General Manager for Military Application, shall receive in addition to his pay and allowances, including special and incentive pays, (for which pay and allowances the Commission shall reimburse his Service) an amount equal to the difference between such pay and allowance, including special and incentive pays, and the compensation established for this position [pursuant to section 303 or section 309 of the Federal Executive Salary Act of 1964]."

84-223-67-14

APPENDIX 11

OPINION OF AEC GENERAL COUNSEL CONCERNING REIMBURSEMENT TO DEFENSE DEPARTMENT FOR PAY AND ALLOWANCES OF THE DIRECTOR OF MILITARY APPLICATION, JANUARY 24, 1966

Mr. JOHN T. CONWAY,

ATOMIC ENERGY COMMISSION,
Washington, D.C., August 15, 1967.

Executive Director, Joint Committee on Atomic Energy,
Congress of the United States.

DEAR MR. CONWAY: During the Omnibus Bill hearing this morning, I mentioned I had given an opinion on the question of whether the AEC could reimburse the military for the pay and allowances which the military officer serving as Director of the Division of Military Application receives from his Service.

I am enclosing a copy of that opinion which indicates why I believe it would be desirable to have the Act specifically authorize the Commission to reimburse the military for that portion of the officer's total salary.

Cordially,

JOSEPH F. HENNESSEY,

General Counsel.

JANUARY 24, 1966.

To: R. E. Hollingsworth, General Manager.
From: Joseph F. Hennessey, General Counsel.
Subject: Reimbursement to the DOD for the pay and allowances of the director
of military application.

You have asked my opinion on whether the AEC has the legal authority to reimburse DOD for the pay and allowances of the Director of Military Application. At the present time, the Director of Military Application is paid his military pay and allowances by the DOD and is paid by the AEC, from AEC funds, the difference between such pay and allowances and the compensation specified by the Atomic Energy Act for the position. I understand that he has been paid in this fashion since the inception of the Atomic Energy Commission.

While the Atomic Energy Act does not expressly state that the Director of Military Application shall be paid in this way, the wording of the pertinent sections, its legislative history, and the long established administrative practice leads me to conclude that Congress so intended.

Section 28 of the Atomic Energy Act of 1954, as amended, states: "APPOINTMENT OF ARMY, NAVY, OR AIR FORCE OFFICERS.-Notwithstanding the provisions of any other law, any active officer of the Army, Navy, or Air Force may serve as Director of the Division of Military Application without prejudice to his commissioned status as such officer. Any such officer serving as Director of the Division of Military Application shall receive in addition to his pay and allowances, including special and incentive pays, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation established for this position pursuant to section 303 or section 309 of the Federal Executive Salary Act of 1964. ***”

S. 1717, the bill which became the Atomic Energy Act of 1946, when first passed by the Senate, was silent on the subject of military membership on the Commission itself or in the position of the Director of Military Application.' However, it was amended by the House to provide specifically that at least one of the Commissioners must be a "representative of the armed forces" and that the Director of Military Application "shall be a member of the armed

1 See S. 1717, 79th Congress, 2d Session which was referred to the Committee on Military Affairs, June 5, 1946.

forces." The Senate refused to pass the bill as amended by the House and the bill went to conference. In conference the House receded from its amendment concerning military representation on the Commission but prevailed in its amendment requiring the Director of Military Application to be a member of the armed forces.3

The House amendment required another amendment-exemption from existing laws prohibiting retired and active military officers from holding civil office under the Federal Government and from receiving dual compensation." Accordingly, an amendment, companion to these referred to above, was also included in the version of S. 1717 passed by the House. That amendment became Section 2(d) of the 1946 Act, the predecessor to Section 28 of the 1954 Act. It provided that "Any such officer serving as Director of the Division of Military Application shall receive, in addition to his pay from the United States as such officer, an amount equal to the difference between such pay and the compensation prescribed in subsection (a)(4)(B) of this section. (Emphasis supplied.)

That the House which was responsible for this amendment was thinking in this vein may be deduced from the House Report which accompanied H.R. 4566, one of the House bills for the development and control of atomic energy which was not enacted. That bill which provided among other things for a Commission, an Administrator and a Deputy Administrator permitted members of the armed forces to serve in any of these positions. Section 2(d) of this bill used basically similar language to that of Section 2(d) of the 1946 Act. In pertinent part it provided:

[ocr errors]

*****any officer serving as Administrator or as Deputy Administrator shall receive, in addition to his pay from the United States as such officer, an amount equal to the difference between such pay and the compensation prescribed in subsection (c)."

In this connection, the Report on H.R. 4566 said:

"Subsection (d) provides that officers of the armed forces may serve on the Commission or as Administrator or Deputy Administrator, without prejudice to their commissioned status. Officers serving as Administrator or as deputy are to receive from the Commission the difference between their service pay and the statutory salary.” (Emphasis supplied.)

7

At the time Congress was considering enactment of the 1946 Act, one of the chief issues raised was whether the Commission should be under military or civilian control. There was strong sentiment, particularly in the House, in favor of the military. Proponents of the military did not prevail, however, except for the requirement that the Director of Military Application must be a member of the armed forces a requirement which was the result of compromise. In the atmosphere which then prevailed in Congress and the foregoing legislative history, it would seem that Congress intended that this person should continue to hold his status as a military officer and, concomitantly, to receive his regular pay and allowance from the armed forces.

The consistent administrative practice to this effect since the inception of AEC, presumably with the knowledge of the appropriations committee and Congress, supports this conclusion.

If it is determined that DOD should be reimbursed by the AEC for the Director of Military Application's pay and allowances. I recommend that authorization be obtained from Congress.

2 See S. 1717, 79th Congress, 2d Session, July 22 (legislative day, July 5), 1946.

3 See Conference Report to accompany S. 1717, House Report No. 2670, July 25, 1946. 10 U.S.C. § 576 (1940 Ed.). 5 U.S.C. § 59a and 5 U.S.C. § 62.

Sec. 2(d) of S. 1717, 79th Congress, 2d Session, July 22 (legislative day, July 5), 1946. See H.R. 4566, 79th Congress, 1st Session, referred to the Committee on Military Affairs November 1, 1945, and committed to the Committee of the Whole House on the State of the Union on November 5, 1945.

7 House Report No. 1186 to accompany H.R. 4566 at page 7.

APPENDIX 121

AEC LETTER TRANSMITTING PROPOSED LEGISLATION TO AUTHORIZE TRANSFER OF ADDITIONAL PLUTONIUM TO EURATOM (AUGUST 22, 1967)

Hon. HUBERT H. HUMPHREY,
President of the Senate.

ATOMIC ENERGY COMMISSION, Washington, D.C., August 22, 1967.

DEAR MR. PRESIDENT: There is transmitted herewith a Commission proposal in the form of a draft bill "To amend the EURATOM Cooperation Act of 1958. as amended". The proposed legislation is attached as Appendix "A"; an anlysis of the legislation is attached as Appendix "B"; and a comparative bill is attached as Appendix "C". We recommend that this proposal be considered as an amendment to Sec. 5 of H.R. 10627 and S. 1901, the Commission's omnibus legislation for 1968.

Specifically, the proposed legislation would amend the EURATOM Cooperation Act of 1958, as amended, to increase the quantity of plutonium which may be transferred to the European Atomic Energy Community from five hundred kilograms to one thousand five hundred kilograms.

The proposed legislation could result in substantial increases in revenues. This would depend, however, on the extent to which the plutonium requirements of Euratom are obtained from the United States Government. As a result of the amendments to the Atomic Energy Act of 1954 permitting private ownership of special nuclear material, it is possible for Euratom to obtain its plutonium requirements from private sources in this country. To the extent that this should occur, there would not be increased revenues to the Government.

Enactment of the proposed legislation is not anticipated to result in additional man-years of employment during the first five years following its passage. The Bureau of the Budget has advised that it has no objection to the Commission submitting the proposed bill for consideration by the Congress. Cordially,

GLENN T. SEABORG, Chairman.

APPENDIX "A"

DRAFT BILL

To amend the EURATOM Cooperation Act of 1958, as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Sec. 5. of the EURATOM Cooperation Act of 1958, as amended, is amended by deleting the words "Five hundred" and substituting therefor the words "One thousand five hundred".

APPENDIX "B"

ANALYSIS OF DRAFT BILL TO AMEND THE EURATOM COOPERATION ACT OF 1958, AS AMENDED

Section 5 of the EURATOM Cooperation Act of 1958, as amended, presently authorizes the transfer to Euratom of 500 kilograms of plutonium. The proposed amendment to Section 5 authorizes the transfer of 1,000 additional kilograms of plutonium.

Section 54 of the Atomic Energy Act of 1954, as amended, requires specific authorization by the Congress of the amount of special nuclear material which may be distributed to a group of nations.

1 See also app. 22, p. 332, and app. 24, p. 338.

The initial amount of plutonium authorized by the EURATOM Cooperation Act of 1958 was 1 kilogram; by subsequent amendments in 1961 and 1964 this amount was increased first to 9 kilograms and later to 500 kilograms. The increase in 1961 was generally for the purpose of providing material for plutonium recycle work in thermal reactors of the type undertaken under the U.S.-Euratom Joint Research and Development Program. The 491 kilogram increase in 1964 was principally for the purpose of permitting Euratom to undertake an extensive research and development program on fast breeder reactors, the results of which are available to the U.S. fast reactor program under a formal information exchange arrangement with Euratom.

As a result of a survey by Euratom of the availability of, and requirements for, plutonium in the European Community through 1970, Euratom has requested that the U.S. take the necessary steps this year to increase the plutonium ceiling in the Cooperation Act from 500 to 1,500 kilograms in order to permit the transfer of plutonium, pursuant to appropriate contractual arrangements, as projected needs develop through 1970.

The proposed legislation is recommended in view of the following considerations:

1. An analysis of the requirements for, and the availability of, plutonium in the U.S. for the next several years led to the conclusion that the U.S. can supply the requested plutonium to Euratom on a timely basis without adversely affecting any U.S. domestic needs.

2. The requested plutonium will be used principally in the Community fast breeder reactor research and development program, the same program for which the 491 kilograms increase was approved in 1964. The additional 1,000 kilograms will permit an expanded Community effort in this program which has as a goal the development of fast breeder power plants. About 750 kilograms will be used for larger loadings of plutonium in the two Community fast critical assemblies, thereby permitting the studies with these machines to include projected prototype reactor cores which would contain at least 1,000 kilograms of plutonium. The remainder of the 1,000 kilograms would be used generally in fast reactor fuel development. All of this work in the Community is now covered by the U.S.-Euratom fast reactor information exchange arrangement of May 27, 1964. Accordingly, the results of the Euratom work using the initial 500 kilograms of plutonium, plus that projected for the expanded program using the additional 1,000 kilograms, are expected to be of significant benefit to our program. The close association between the scientific communities on both sides of the Atlantic has resulted in many areas of the two programs being complementary.

3. Euratom would like the 750 kilograms for the fast critical assemblies in 1967 or 1968, depending on final resolution of related budgetary considerations between Euratom and the member states. Of the currently authorized 500 kilograms, about 425 kilograms have already been transferred to Euratom and approximately 73 additional kilograms have been allocated for specific uses. To supply any of the aforementioned newly requested material would, therefore, exceed the current authorization.

4. The plutonium supplied by the AEC will be sold to Euratom at the AEC price in effect at the time the material is supplied (currently $43 per gram of fissile plutonium nitrate). Subject to AEC licensing, a portion of Euratom's plutonium requirements might be met by direct purchase from private reactor operators in the U.S. rather than by purchase from the Commission. Any plutonium transferred to Euratom by private parties would be subject to applicable AEC licensing requirements and to the safeguards provisions of the Agreements for Cooperation with Euratom, and the total quantity transferred by private parties and the United States Government would not exceed the new 1.500 kilograms limit to be established in the EURATOM Cooperation Act. To the extent such transactions involving private U.S. groups develop, they would be on the basis of negotiated prices ranging between the AEC's current charge of $43 per gram and the guaranteed purchase price of $10 per gram. Euratom plutonium purchases in the U.S. would, therefore, result in significant balance of payments gains for the United States.

« ПредыдущаяПродолжить »