LETTER TO MAURICE H. STANS FROM WILLIAM B. MACOMBER, JR.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP61-00357R000100060068-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 27, 2016
• Document Release Date: November 1, 2013
• Sequence Number: 68
• Publication Date: September 30, 1958
• Content Type: LETTER

da,
Declassified and Approved For Release 2013/11/01 : CIA-RDP61-00357R000100060068-1
DEPARTMENT OF STATE
Washington
Dear Mr. Steno:
September 30, 1958
The Department has reviewed the proposed aeautive order
entitled "Deleting Certain Authority under the Atomic Energy Act
of 1954, as amended" about which the Dereau of the Budget, in its
letter dated September 15, 1958, reqgested the Department'u views.
Public Law 85-09, to which the proposed Executive order relates,
deals with international cooperation in the field of atomic energy
and, accordingly, the Department took en active part in the proceas
culminating in the enactment of that legislation. Hence the Depart-
ment favors the institution or procedures to facilitate implementa-
tion of international agreements concluded pursuent to the aeu
legislation.
The Department, however, would prefer to see a proposed ftecutive
order eubmitted?to the President along the lines of the drEft attaChed.
-This draft would make it clear that the requirement of Presidential
scrutiny of's proposed prograa for teansfer of materials or equipment
under section 91e as not being delegated.
Moreover? since it in essential to issue an Executive order on
agency responsibilities for at least one function pertaining to
cooperation with foreign governments it would appear desirable to
treat the matter in the context of an order dealing generally with-
agency responsibi/ities for intergovernmentel cooperation on atomic
energy matters. In this connection it should be noted that the parti-
cular function treated in the proposed order is so interwoven with
the obeervance ofUbited Stmtes obligations under international agree-
ments that some express recognition of the respoasibility of the
Secretary of State in the conduct of foreign relations 'seem appro-
priate. The Executive order, if silent on the responsibilities or
the Secretary of State, might contribute to misconceptions on the
part of foreign governments with respect to assignment of basic
responsibilities within the aecutive.
The attached draft would accomplish all that see= desirable
without requiring additional fbrnal procedures.
Sincerely yours,
Tiler the Secretary of State:
Enclosure:
Draft Executive order.
(signed) William Macomber
William Maccreber? Jr.
Assistant Secretary
The Ebnorable
Maurice H. Stuns,
Director, Pereau of the Budget.
Declassified and Approved For Release 2013/11/01 : CIA-RDP61-00357R000100060068-1
Declassified and Approved For Release 2013/11/01 : CIA-RDP61-00357R000100060068-1
EIMUTIVE ORDER
Uhereaa the provisional of the Atomic Ehergy Act of 19545 as
amended, relating to international cooperation confer fenctions
upon the President;
.
Therea I have determined thnt the eerformence of theee
reactions in the meaner set forth hereinafter will promote the
orderly administration of such cooperation and effectuate the
policies set forth by the Act;
Now, thergore, by virtue of the authority vested in ms by
section 301 oflTitle 3 of the United States Code and as Preeident
of the United, States: it is ordered as follows:
1. (a) Ekcept as otherwise provided in this order, the
fenctions conferred upon the President by sections 91c, 144h and
144c of the Atomic Ehergy Act of 1954, ea emended, are hereby
delegated to the Atomic Ehergy Commieeion and the Departaent of
Defense acting jointly. In earrring out this responsibility those
agencies Phan consult with other interested government agencies.
(b) In onyease where the Atcmic Ehergy Commission end
the Department of Defense are unable to agree In connection with
the carrying out of such fenctions, the recommendations of thoze
agenciex3 and of other agencies concerned shall be referred to the
President and the determination shall be made by the ident.
2. The Peeeideut's aeproval: pursuant to section 123 of the
Act, of a proposed agreement for cooperation providing for coopera-
tion pursuant to sections 910 or /44 shall constitute the authori-
eation to cooperate to the extent provided for in the proposed.
agreement.
3. (a) The reactions of negotiating and entering into
international ageeements shall be perforated by the Secretary of
State.
(0) All international cooperation functions under the
Act shall be cub jest to the reeponsibilities of the Secretary of
State with respect to the foreign policy of the United States as
such policy relates to those functions.
4. There are reserved to the President the functions conferred
upon him by section 123 of the Act and the function of approving
the terms and conditions of a program proposed under section 9Ic
of the Act.
5. /his order shell take effect immedi Ugly.
Attachment of State Department
letter of 9-30-58. Copied
10-7-56.
Declassified and Approved For Release 2013/11/01 : CIA-RDP61-00357R000100060068-1