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CONTENTS

STATEMENTS OF WITNESSES

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451

38

COMMERCIAL PLOWSHARE SERVICES

FRIDAY, JULY 19, 1968

CONGRESS OF THE UNITED STATES,

SUBCOMMITTEE ON LEGISLATION,

JOINT COMMITTEE ON ATOMIC ENERGY,

Washington, D.C. The subcommittee met at 10 a.m., pursuant to call, in room H-403, the Capitol, Hon. Chet Holifield (chairman of the subcommittee) presiding.

Present: Representatives Holifield, Morris, Hosmer, and Anderson, and Senator Aiken.

Also present: John T. Conway, executive director; Edward J. Bauser, deputy director; George F. Murphy, Jr., assistant director; William T. England, staff counsel; and Francesco Costagliola, staff consultant.

Representative HOLIFIELD. The committee will be in order.

The purpose of this morning's meeting of the Subcommittee on Legislation is to consider testimony by representatives of the Department of State and the Atomic Energy Commission concerning H.R. 18448 and S. 3783.

The House version of these companion bills was introduced on July 10, 1968, by Representative Hosmer for himself and the other House members of the Joint Committee.

The Senate version was introduced on July 15 by Senator Pastore for himself and Senators Anderson and Bennett. (The text of the bills follows:)

[H.R. 18448 and S. 3783, identical bills, 90th Cong., second sess.]

A BILL To amend the Atomic Energy Act of 1954, as amended, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection 11 b. of the Atomic Energy Act of 1954, as amended, is amended to read as follows:

"b. The term 'agreement for cooperation' means any agreement with another nation or regional defense organization authorized or permitted by section 54, 57, 64, 82, 91 c., 103, 104, 144, or 161 w. and made pursuant to section 123."

SEC. 2. Section 123 of the Atomic Energy Act of 1954, as amended, is amended by striking out "or 144" and adding in lieu thereof "144, or 161 w." in the first sentence.

SEC. 3. Section 161 of the Atomic Energy Act of 1954, as amended, is amended by adding at the end thereof the following new subsection:

"w. enter into contracts for such periods of time as the Commission may deem necessary or desirable for the provision by the Commission of services involving the detonation of nuclear explosive devices for peaceful purposes. The Commission shall establish prices to be paid for such services on such a nondiscriminatory basis as, in the opinion of the Commission, will provide reasonable compensation to the Government for such services: Provided, however, That such prices shall be consistent with the provisions of any applicable international arrangement.

Services in territory under the jurisdiction or control of another nation may be performed only in accordance with an agreement for cooperation arranged pursuant to section 123 containing provisions to assure that all nuclear explosive devices used in performance of such services will remain under the custody and control of the Commission and that no restricted data will be communicated contrary to the provisions of this Act in connection with the conduct of such services. Contracts made pursuant to this subsection shall contain such provisions (1) to protect health, (2) to minimize danger to life or property, and (3) to require the reporting and to permit the inspection of work performed thereunder, as the Commission may determine. Nothing in this subsection shall limit or restrict the Commission's authority to enter into arrangements under section 31 involving the detonation of nuclear explosive devices."

Representative HOLIFIELD. Inasmuch as the AEC's testimony this morning may be somewhat more extended than that of Mr. Adrian S. Fisher, Deputy Director of the Arms Control and Disarmament Agency, who is representing the Department of State, we will hear from him first. We will then turn to Dr. Gerald F. Tape to learn the Commission's views on this legislation and, time permitting, possibly other legislation pending before the committee at this time.

Before hearing from Mr. Fisher the Chair would be pleased to call upon Representative Hosmer, the principal sponsor of this legislation for any preliminary remarks he would like to make.

Representative HOSMER. Thank you, Mr. Chairman. I have nothing to say other than I am delighted that our committee has seen fit through its individual members to approve the idea that we proceed now in an orderly fashion in this area despite the fact that the bill may or may not need changes to effectuate the idea. Representative HOLIFIELD. Mr. Fisher.

STATEMENT OF ADRIAN S. FISHER, DEPUTY DIRECTOR, ARMS CONTROL AND DISARMAMENT AGENCY, DEPARTMENT OF STATE

Mr. FISHER. Mr. Chairman, I have a prepared statement. It is not very long-six pages. Since it is probably more organized than my ad lib presentations usually turn out to be I will impose upon the committee by reading it.

Representative HOLIFIELD. All right.

Mr. FISHER. Mr. Chairman and members of the Joint Committee on Atomic Energy, I am here today to testify with respect to H.R. 18448 and S. 3783, on behalf of the Department of State and the Arms Control and Disarmament Agency.

We are pleased that this committee, through the introduction of these two bills, is continuing its unique role in furthering the peaceful uses of nuclear energy. The events of the past few years have amply demonstrated that the potential benefits from the peaceful uses of the atom, including nuclear explosions for peaceful purposes, must be made available to all mankind.

The proposed amendments to the Atomic Energy Act which we are discussing today deal with this very important subject and deserve the most serious and comprehensive study. Consequently, my statement today can only be preliminary in nature.

As I understand it, the purpose of these bills is to amend the Atomic Energy Act of 1954, as previously amended, to authorize the Atomic Energy Commission to enter into contracts to provide services for practical applications of nuclear explosions for peaceful purposes both

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