ATOMIC ENERGY ACT OF 1954

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP61-00549R000200040008-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 43
• Document Creation Date: December 12, 2016
• Document Release Date: April 9, 2002
• Sequence Number: 8
• Content Type: REGULATION

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ublic Law 703 - $3d Congress
Chapter 1073 - 2d Session
H. R. 9757
All _68 Stat. 919.,
To amend the Atomic Energy Act of 194G, as amen a ,and for other purposes.
Re it enacted by the Senate a'nd Rouse of Representatives of flee
United States of America im Congress assembled, That the Atomic Atomta Esler~
Energy Act of 1946, as amended, is amended to read as follows: Aat oi' 1954.
"CHAPTER 1. DECLARATION, FINDINaB, AND PURP6aE
"Sec. 1. Declaration.
"Sec. 2. Findings.
"Sec. 3. Purpose.
"CHAPTER 3. ORGANIZATION
"Sec. 21. Atomic Energy Commission.
"Sec, 22. Members.
"Sec. 23. Office.
?Sec, 24. General Manager.
"Sec. 25. Divisions and Offices.
"Sec. 2G. General Advisory Committee.
"Sec. 27. Military Liaison Committee.
"Sec. 28. Appointment of Army, Navy, or Air Force Officers.
" 1)$APTEIL 4. RE6EARGH
"Sec. 31. Research Assistance.
"Sec. 32. Research by the Commission.
"Sec. 33. Research Por Others.
"CHAPTER 5. PRODUCTION OF SPECIAI. NUCLEAR MATER
"Sec. 41. Ownership and Operation of PIoduction Facilities.
"Sec. 42. Irradiation oP Materlnls.
"Sec. 43. Acquisition of Production Facilities.
"Sec. 44. Disposition of Energy.
"CHAPTER G. SPECIAL NUCLEAR MATERIAL
"Sec. 51. Special Nuclear Material.
"Sec. 52. Government Ownership of All Special Nuclear 14laterlBY~
"Sec. 53. Domestic Distribution of Special Nuclear material.
"Sec. 54. Foreign Distribution of Special Nuclear Material.
"Sec. 55. Acquisition.
"Sea 56. Pair Price.
"Sec. 57. Prohibition.
Post,. p. 922.
Pa- st'- p. 924.
ost ~+*? a29.
"CHAPTER 7. SOURCE :IIATERIA:. OBt p. 992.
"Sec. 61. Source Material.
"Sec G2. License for Transfers Required.
"Sec. C3. Domestic Distribution of Source material.
"Sec. G4. Foreign Distribution of Seurce Material.
"Sec. G5. Repm?ting.
"Sec. GG. Acquisition.
"Sec. 67. Operations on Lands Belonging to the United StateS?
"Sec. G8. Public Lands.
?'Sec. G9. Prohibition.
"CIIAPTER $. BYPR9DUCT MATERIAL
"Sec. 81. Domestic Distribution.
"Sec. 82. Foreign Distrihution of Byproduct Material.
"CHAPTER 9. MILITARY APPISCATION OF AT?MIC EIZERO~Y'
"Sec. 91. Authority.
"Sec. 92. ProhibitioD.
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k'SfE 6!3 Staff, 920. ~~~
Poe .p, 9l~? "CHdPTER 10. ATOMIC ENERGY LICENSES
"Sec. 101. L[cense Required.
"Sec. 102. Finding oP Practical Value.
"See. 103. Commercial Lieeuses.
"Sec. 104. Medical Therapy and,Reseatch and Development.
"Soc. 145, Antitrust Provisions.
"Sec. 106, Clflsses oP Facilities.
"Sec. 107. Operators' Licenses.
"Sec. 108. War or National Emergency.
"Sec. 109. Component Parts of Pa,ci`ldties.
"Sec. 1~0. Ellclusions:
~ow~'1. l>? 931I'~ "CI3'JPTER il. IN'1?EaN:1TI0NAl', ACTIOITTES
"Soc. 121. Effect of International Arrangements.
"Sec. 122, Policies Contained in International Arrangements.
"Sec. 128. Cooperation with other Nations.
"Sec. 124. International Atomic Pool,
Po_ 9ts p~ 940. ~ y ?CII.t~rcr, 12, Co:vTaot of ImPORtrlaxtox
"Sec, 1g2, Classification and Declassification of Restricted Data.
"Sec. 143. Department oP Defense Participation.
"Sec. 144, International Cooperatiola,
"Sec, 145, Restrictions.
"Scc. 14C,, General Provisions.
"CHAPTER. 13. Pd?rENTS 9ND INVENTIONS
"Sec,
"
151,
111flitary IJtilization. ?
Sec.
"S
X152.
5
Inventions Conceived During Commission Contracts
ec.
"
1
3.
.
Nonmilitary Utilisation.
Sec.
154.
Io,~unc lions.
"Sec,
luG.
Prior Art.
"Scc,
"
150.
Commission Patent Licenses.
Sec.
"S
1.57,
Compensation, A{vards, and Royalties.
cc?
"
158.
Monopolistic Use oP Patents.
Sec.
'
1.,9,
Federally Financed Research
Soc.
160.
,
Saving Clause.
po. S.'~L p? 948. "CIL1PTElt 14, GENERAL AU'rH0RI1'Y
"Scc. 1G1, General Provisions.
'"Scc. 162. Contracts.
"Sec. 1G3. Advisory Committees.
"Scc. 16:4. Electric Utility Contracts.
"Sec.. 165. Contract Practices.
"Sec. 1G6. Comptroller General Audit.
"Sec. 1G7. Claiilx Settlements.
"Sec. 168. Payl14ents in lieu oP Taxes.
"See, 160. No Subsidy,
P?3'tf ,pi 9,52. "C.'II:1P?rE;; 15, C0MPEISA'P10N E'OIt PItI{'AT1i P1tUPlsRTy ACQUIRED-
"ficc. 171, .lust Co~xlpensation.
"Scc. 172. Condemnation of deal Property.
"Sec. 173. Yalent Application Dlsclosnres.
"See. 174. ACtorneY General Approval of Title.
,'TL..O9.t.:~. P? 953, "CIIAP79~at 1G. J?UIIICIdL RI']Vlts{V AND AD\[IN1S1'RATIVE PItDCEDUIiE
'.Set'. 131. General.
''Sec. 182.~License Applications,
"Sec, 183.. 't'erms of I,iceixses.
"See. 154. Iualienztbility of Idceuses.
"Sec: 1Sai, Construction Permits.
"See. iSG. Itevocxtioo.
"'Sec, .l8'r. Modification oP License'.
"Sec. 185. Centiuued Operation of Tncilities.
"Sec. 189, IIearings and .Judicial Review.
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" C'II:IPTER 17. ,IOI1T ~,'U~I\IITTEti Oti aTGIIIG ENERGT POSt, p. g56,
"Sec. 201.lIembershi p.
"Sec. 202, Authority and Duty.
"Sec. 203. Chairman.
"Sec. 204. Potters.
"Sec. 203. Staff and assistance.
"Sec. 20G. Classification of Information.
"Sec. 207. Records.
"G'II.IPTER 18. I::CFOP,CEbiF.NT Post. p. 058.
"Sec. 221. General Protisions.
"Sec. 222. 1"iolation of SPeciiic Sections.
"Sec. 223, violation of Sections Generally.
"Sec. 2'24. Convnnnicatiml of Restricted Data.
"Sec. 225. Receipt of Restricted Data.
"Sec. 226. Tampering ttith Restricted Data.
"Sec. 2?7. Disclosure of Resri?ic?ted Data.
"Sec. 228. Statute of Limitations.
"Sec. 229. Other Laws.
"Sec. 230. Injunction Proceedings.
"Sec. 231. Contempt Proceedings.
"CPI.IPTER 1~.:1IISCELL:tNEOLrB ~ 1'OSt~ p. 960..
"Sec. 241. Transfer of Property.
"Sec. 251. Report to. Congress.
"Sec. 261. Appropriations.
"Sec. 271. Agency Jurisdiction.
"Sec. 272. Applicability of federal Power Act.
"Sec. 273, Licensing of Goternmeut Agencies.
"Sec. 281. SeparaUility.
"Sec. 201. Short Title.
"CHAPTER 1. DECLr1RATION, 'FINDINGS, AND PURPOSE
"SECTION Y. Dl:CLAR.ITIO1.-E~.t01111C energy is cappable of application
for peaceful as well as military purposes. It is therefore declared to Poiioy of .v. S.
be the policyy of the United States that-
"a. the development, use, and control of atomic energy shall be
directed so as to make the maxinlwn contribution to the general
welfare, subject at all times to the paramount objective of making
the maximum contribution to the common defenso and security;
and
"b. the development, use, and control of atomic energy shall b?.
directed so as to promote world peace, improve the general n?el-
fare, increase the standard of living, and strengthen free compe-
tition in private enterprise.
"SEC. 2. Fly Dlxrs. ~?The Congress of the United States hereby makes
the following findings concerning the development, use, and control of
atomic energy
"a. The development, utilization, and control of atomic energy for
military and for all other purposes are vital to the cannlion defense
and security.
"b. In permitting the property of the United States to be used by
"others, such use must bo regulated in the national interest and in order
to provide for the common defense and security. and to protect the
health and safety of the public.
"c. The processing and utilization of source, byproduct, and special
nuclear material affect interstate and foreign commerce and must l7e
re~ulated in the national interest.
`d. The processing and utilization of source, byproduct, and special.
nuclear material must be regulated in the national interest and. in
order to provide for. the common defense and security and to protect
the health and safety of the public.
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AlY 68 stet, 422.
`'e, Source and special nuclear asutteri::I, at?oduction facilities, and
nt itizntiora f:ui1ities are affected tia?ith tl-e pnb~ic iaatecest,::ndregulation
by the I,Tnitrd Staate: of die prodaactioa- and ndliiation of atomiceaacr~y
and of tlae futilities used iia coaumctiaaa thereasikl: is necessary na t~ao
nat~oua'1 i~aterest to assure tho cou:moaa defense and security and Yo
faro#ect khc he:dth :uul safety of the public.
`?f. The necessity for protectian a;:,:insk possible intrastate dam~o
occura?iaate from tltc c~pcration of fatilitics for die x?oclactioaa or utiliza-
tion of saucer or specual nuclear matc4?i:d places tae operation of those
fcrilities iia intea:~hate conameree for the purposes of this _1.ct.
"g. htusds of the United States aua~- be proa?icted for the dca-elol>meut
and nse of atunaic energy ua:dea? conditions achicla avill provide for the
coamxa:a defense and security and promote die general arclfare.
?'h. It is esscaatiad to the common defense and scenrity that title to all
special awrlear naatea?ial be ira the tJuited States while such special
.nuclear naaterisl is .rithin the Urnited Skates.
"ti#c, 3, 1'a7acosr:.-It is tl-e pua?pose of dais let to effectuate tho
Froga^aroe? ,Iaolicies set firth aLocc by proa?acling for-
" ''a, a prot,*a?ara of conductiur==, assisting, and fostcri> ~; researcla
and de~?elopment in order to rncaurare mar-imum scientific and
Hulastrial progress;
?b. a ln?otn:uu for the dissenainatian of unrla~sifted scient ifie ,uxl
technical inforuaation nucl for tl:e control. dissemination, :uxl
decia~sifir:atioaa of Restricted Data, saabject to apln?oln?iate sa#e-
guarcls, so as to encourage scientific and industrial progress;
"c.:f pro~*a?ant for Gore-?ntneut control of the possr~ion, use,
and ln?oduction of atomic energ} and special nuclear material so
dirccteci as to make the masimum contribution to die c?aanauon
ilefeaase and security and f he n::tiaua1 ~vc(tarc;
"cl.:a pro;:r;am to encourage avidrspread laarticihation in the clc-
rrlopuaent attct utilization of atoataic rner;*y? for peaceful purposes
to the ~na+Timum eltent coaasisteut ~a?ith the common defense and
secm?ity and ~~-ith the health and safety of the public;
"e, a 1)1'0~TPAIal of faatea?:aational caopcratiou to pro:uote the
common clefeaasc and security arnl to make aa?ailablc to coopcratiaat;
nations the benefits of acacefnl ap alicatious of atoauic eamr;,,~y as
a+?idely as etpan-ling tec~mologe? n~ac~ considerations of the cmnmon
ckfeuse nncl'secrrity` }1'ill~aea~aut; and
'~f. a pro~cana of adanmistrat:on ~rhich ~~?i11 br consistent ~+?ith
tdae faaxgoin~ ]aalicies and liroga?nms, ;silo international arrange-
ments,and ivatla a~ ?cemcaets for cooperation, tishich ~a-il] enable the
Cosaga?c.~ to be currently informed so as to take further legislative
action ns array b~ app-?gariatc.
"'d~.c. !1. DFra~aTio:ab: The intent of Congress in the definitioaas as
}siren iia this section should lie construed frown die ~rords or plu~ases
used in the definitions. As used in this Act
~~ngenoy~ of'~tba "a, Tlae tea?na 'agency of the '{)waited States' rncans the esecntico
v, s."~ branch of the United States, or any {iaa?ermneut agency, or the iegis-
. Iatire brane[a of tlac Laiited States, or any agency, couamittee, com-
mission, office, or.other estnbIishnaent in the leggislative branch, or the
~judiciad branch of the Cnitecl States: or away oilice, agency, commit~tec,
"commission, or othor establishment wn the yudicial brancia.
~~Agreement=for "b. The term `agreement for cooperation' paeans any agreement
ooopet~aat4on." ? ~siYla anotker aaation or re~,ional defense organization, authorized or
perwxitted by sert-ons 5#, i57, (r#, 52,103, I~-f, or 1##, and made puasunnt
to section 113.
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"c. The term `atomic energy' means all forms of energy released in ~'Atomio energy."
the course of nuclear fission or nuclear transformation.
"d. The term `atomic weapon' means any device. utilizing atomic "~ttomio weapon:'
energy, exclusive of the means for transporting or ppropelling the
device {where such means is a separable and divisible part of the
device), the principal purpose of which is for use as, or for develop-
ment of, a weapon, a weapon prototype, or a weapon test device.
"e. The term `byproduct material' means any radioactive material ^BYproduot
(except special nuclear material) yielded in or made radioactive by materials."
exposure to the radiation incident to the process of producing or
utilizing special nuclear material.
"f. The term `Commission' means the Atomic Energy Commission. "Co>mntssion,'~t
"g. The term `common defense and security' means the, common
defense and security of the United States.
"h. The term `defense information' means any information in any "Defense irrfarma-
category determined by any Government agency authorized to classify tion."
information, as being information respecting, relating to, or affecting
the national defense.
"i. The term `design' means (1) specifications, plans, drawings, "Design.+'
blueprints, and other items of like nature; (2) the information con-
tained therein; or (3) the research and development data pertinent
to the information contained therein.
"j. The term `Government agency' means any executive de art "Government'
ment, commission, independent establishment, corporation, wholly or agency.+'
partly owned by the United States of America which is an instru-
mentahty of the United States, or any board, bureau, division, service,
office, officer, authority, administration, or other establishment in the
executive branch of the Government.
"k. The Eerm `international arrangement' means any international "International ar-
agreemont hereafter approved by the Congress or any treaty during rang~ment,"
the time such agreement or treaty is in full force and effect, but does
not include any agreement for cooperation.
"1. The term `Joint Committee' means the Joint Committee on "Joint eomrnittee."
Atomic Energy.
"m. The term `operator' menus any individual who manipulates "Dperator,10
the controls o# a utilization or production facility.
"n. The term `person' means (1} any individual, corporation, part- "Person,+'
nership firm, association, trust, estate, public or pi.ivate institution,
group, ~lovernment agency other than the Commission, any State or
any political subdivision of, or any political entity within a State, an
foreign government or nation or any political subdivision of any such
government or nation, or other entity; and (2) any legal successor,
representative, agent, or agency of the foregoing.
"o. The term `produce', when used in relatiwt to special nuclear "Produoe.++
material, means (1) to manufacture, make, produce, or refine special
nuclear material; (2) to separate special nuclear material from other
substances in which such material may be contained; or (3} to make
or to produce new special nuclear material.
"p. The term. `production faci]ity' means (1} any equipment or "Produotlon
device determined by rule of the Commission to be capable of the pro- faoilxty,++
ductioit of specie] nuclear material in such qututtity as to be of signifi-
cance to the common defense and security, or in such manner as to
affect the health and safety of the public; or (2) any important com-
ponent part especially designed for such equipment or device as de-
termined by the Commission.
"q. The term `research and development' means (1) theoretical ?Researoh_and?
analysis,. exploration, or experimentation; or (2) the extension of development/+
investigative findings and theories of a scientific or technical nature
into practical application for experimental and demonstration pur-
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All 6B Stst, 924,
pa,es, uu?luding tl a experimental production and testing of models,
cle~~ices, equipment. +nateris-s, and processes,
"RestMoted "r. 'I'h~? ti~rnl `R??iricteal Daata' means all data, concer-aiug (1) de-
oata.'~ si{ni, naatau[acture, or uti}izati~on of atomic weapons; (2) the produc-
tion of slaccial nuclear mlateria}, ar (3) the use of special nuclear
aaterial iu the production of energy, but shall not include data de-
clas~sif}ed or removed front the Restricted llata catrgory lursuant to
section I42.
"source make- "s. The terns `soa.rce material` n+eaus (1) uranium, thorium, or any
riald' other material w}rich is deterrninecl by tllc Commission pursuant to tho
t+rnvisions of section G1 to ]se source material; or (3) ores containing
one or nwrc of the foregoing materials, in such coneeutration as the
t_'ummisxi~uti nay b~: rega+latron determine from time to time.
"S,peoiai nuolear "t. The term `special nuclear matFrial` naenns (t) plutonnam, ura-
material." Winne enriched in tl~e isotope 233 or in the isotope 235, and. any other
uiateriai a~?hiela the. Cotmission, >ursuAnt to the previsions of section
51, detcrnaines to Le special nue~car maaterial, but does not include
source material; ar ('2) any material artificially enriched by any of
the fnre~oiug,but dues not ialelude source naatcrial.
"lhlited States," "u. The term `United States', u-hera used in a geographical sense,
includes all Territories and possessions of the Gaited States, and tho
{.'anal Zvue.
"tJtiilzatiora "v.Thctcrur`utiliaationfacility'uieans(2)anyequipmentordevice,
saollity," except an atomic n'eapon, detertuined by rule of the Commission to bo
capable of rucking use of special nuclear maters} in such quantity us
to be of si? nifaeance to the canunon defense and security, or in such
n+anner as to affect. she health anal safety of the pub}ie, or peculiarly
adapted for making use of nton~ic energy iia such quanta~y as to be of
significance tc.-
"a. No individual, corporation, partiiersliip, or association, which
had any part, directly or indirectly, in thv development of the atomic
energy pragi?am, ni:iy benefit by any location, entry, or settlement
upon tlee pnhlic domain made after such individual, corparntion,
partnel~hili, or association tuck part in such l3roject, if such individual,
cocporation, partner~hili, or association, by reason of hav ing had such
Wlart In the developnent of tale atomic energy pragrani; acc~mred con-
fdcntial olIicinl infcrmn ion as to the existence of do osits of such
uranium, tolorium, o? other materials in the specific lands upon which
suck Iocatioii, enta?y, or settlement is niado, and subsequent tv the date
of the enactmenk. of this Act made such 1~ocation, entry, or settlement
or mused the same to lie made fal? leis, or its, or their benefit.
"b. In cases ~vher.~ anY patent, come}'ante, lease, permit, or other
nutliorizatian has been Issued, irhich reserved tv the United States
source materials and the right to enter upvn the land and prospect
for, mine, and remo^e the slime, flee Bead of the Government agency
which issued the patelit, coiiveynnce, lease, permit, or other author-
ization shall, on application of the liolcler thereof, issue a new or
suppplemental patent. conveyance, lease, permit, or other authorization
n?Itliau3 such reservation. If any rights have been granted by the
United States pursuant. to any such reservation then such ppatent shall
~e made subject to those rights, but the pateniee shall be subrogated to
the nigh#s of the United States.
"c. Notwithstanding the provisions of the Atomic Lrnergy Act of
60 Stet, 755. 19-1G, as amended?and partictilnrly section 5 (b) (7} thereof, or the
42 U50 1801 llrovisions of the Act of AuR Ist-12, 1'J53 (67 Stat. 539), and particu-
note, 18U5(bj larlx section 3 thereof, any mining claim, lieretafore located ender the
(7}. - mining laws of the United States, for or based upon a discovery of a
~ea stet. 539. iilineral deposit +vhi~~h is a source mntcrial and +vhich, except for the
3o use 5o1-soy, ppossible contrary cor.structian of said Atomic Energy Act, would have
503. been locatable under such mining lan-s, shall, insoftu? as adversely
aliected by such pos::ible contrary cvnsti?uction, be valid and effective,
in all respects to the same extent as if said mineral deposit were n
focatablcmincral depasitothcr than a sourcematerial.
"Sic, G9, PitUilIlliTia:?1.-The Commission shall not license any person
to traasfer or deliver, receive possession of or ttlo tv, or import Into
or efiport from QileU~i~ed States any source mntcrial if, in the opinion
of tho CDAlmisslan, the issuance of a license to such person for such
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purpose would be inimical to the common defense and security or the
health and safety of the public.
"CHAPTER 8. BYPRODUCT MATERIAL
"SEC. 8L. DDIIESTIO DISTRIBUTION: NO person may transfer or
receive in interstate commerce, manufacture,. produce, transfer,
acquire, own, possess, import, or export any byproduct materlal, except
to the extent authorized by thrs section or y section 82. The Commns-
sion is authorized to issue general or specnfic licenses to applicants
seeking to use byproduct material for research or development pur-
poses, for medical therapy, industrial uses, agricultural uses, or such
other useful applications as may be developed. The Commission may
distribute, sell, loan, or lease such byproduct material as it owns to
licensees with or wnthout charge : Provided, however, That, for
byproduct material to be distributed by the Commission fora charge,
the Commission shall establish prices on such equitable basis as, in the
opinion of the Commission, (a) will provide reasonable compensation
to the Government for such material, (b) will not discourage the use
of such material or the development of sources of supply of such
material independent of tlt? Commission, and (c) wi1L encourage
research and development. In distributing such maternal, the Commns-
sion shall give preference to applicants proposing to use such material
either in the conduct of research and development or in medical
therapy. Licensees of the Commission may distrnbute byproduct mate-
rial only to applicants therefor who are licensed by the Commission to
receive such byproduct material. The Commission shall not permit
the distribution of any byproduct material to any licensee, and shall
recall or order the recall of any distributed material from any licensee,
who is not equipped to observe or who fails to observe such safety
standards to protect health as may be established by the Commissioe
or who uses such material iu violation of law or regelation of. the Com-
mission or in a manner other than as disclosed in the application
Therefor or approved by the Commission. The Commission rs author-
ized to establish classes of byproduct material and to exempt certain
classes or quantities of maternal or kinds of uses or users from the
requirements for a license set forth in this section when it makes a
finding that the exemption of such classes or quantities of such mate-
rial or such kinds of uses or users will not constitute an unreasonable
risk to the common defense and security and to the health and safety
of the public. ----
"SEG. 82. FOREIGN DI8'rRln$iJ1'IGN Or BYPRODUCT MATERIAL:
"a. The Commission is authorized to cooperate with any nation by
distributing byproduct material, and to distrnbute byproduct material,
pursuant to the terms of an agreement for cooperatnon to which such
nation is party and which is made in accordance with section 123.
"b. The Commission is also authorized to distribute byproduct
material to any person outside the United States upon applncation
therefor by such person and demand such charge for such material
as would be charged for the material if it were distributed within the
United States: Provided, however, That the Commission shall not
distribute any such materlal to any person tinder this section if, in its
opinion, such distribution would be inimical to the common defense
-and security: And provided further, That the (commission may
require such reports regarding the use of material distributed pur-
suant to the provnstons of this section as it deems necessary.
"c. The Commission is authorized to license others to distribute
byproduct material to any person outside the United States under they
same conditions, except as to charges, as would be applicable if the;
material were distributed by the Commission.
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"CI?~PTI';fi ~~. Ir1IL,ITA.RY APPLICATIOI+T OF ATObZIO
)/tiTLZtGY
"a~EC. 91. ADTtrORITY.-
"a. The Commi:~ion is authorized to-
"(1) conduct experiments and do research and development
tt^ork in the t ulitnry application of atomic energy; and
tvcaj,on 1>scgrtent to a finding by the Commission as required. in sec-
tion 102, the Commission array issue licenses to transfer or receive in
interstatss cotnmerc~, manufacture, produce, transfer, acquire, possess,
'smport, or export under rite terttis of an agreement. fur cooperation
arranged pursuant to section 123, such type of utilization or produc-
tion facility. Suc~ licenses shall be issued ut accordance with rho
provisions of claap:cr IC and subject to such conditions as the Com-
mission may by a?u1e or regulation establish to effcetuate the purposes
artd provisions of this Act.
"b. The Commis.~ion sltnli issue such licenses on a nonexclusive basis
to persons npplyin{; therefor (1) whose proposed activities will serve
et useful purpose 1?t?oportionate to the quantifies of special nuclear
material or source malarial to be utilized; (2} who are equipped to ,
Ubserve and x?ho agree to observe such safety sta,ulards to protect
health and to mininttze clanger la life or property as the Commission
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-19- Pub. Law
All 6B S'ta~. 93T.
may b~ rule establish; and (3) who agree to maize available to the
Commission such technical information and data concerning activities
under such licenses as the Commission may determine necessary to
promote the common defense and security and to protect the health
and safety of the public. All such information may be used by the
Commission only for the purposes of the common defense and security
and to protect the health and safety of the public.
"c. Each such license shall be issued for a specified period, as deter-
mined by the Commission, depending on the type of activity to be
licensed, but not exceedingg forty years, and-may be renewed upon tho
ex~tiration of such period.
`d. No license under this section may be given to any person for
activities which are not under or within the jurisdiction of the United
States, except for the export of production or utilization facilities
;ender terms of an agreement for ?cooperation arranged pursuant to
section 123, or except under the provisions of section 109. No license
may be issued to any corporation or other entity if the Commission
Iznows or has reason to believe it is owned, controlled, or dominated by
an alien, a foreign corporation, or a :foreign government. In any
event, no license may be issued to any person within the IJuited States
if, in the opinion of the Commission, the issuance of a license to such
person would be inimical to the common defense and security or to the
health and safety of the public.
"~EC. 104. MEDICAL THERAPY AND RE9EAR(:H AND DF,VELOPMENT.^
"a. The Commission is authorized to issue licenses to persons apply-
mg therefor for utilization facilities for use in medical therapy. In
issuing such licenses the Commission is directed to permit the widest
amount of effective medical therapy possible tivith the amount of special
nuclear material available for such purposes and to impose the mini-
mum amount of regulation cmtsiste~tt with its obligations under this
Act to promote the common defense and security and to protect tho
health and safety of the public.
"b. The Commission is authorized to issue licenses to persons apply-
ing therefor for utilization and production facilities involved in the
conduct of research :uid development activities leading to the demon-
stration of the practical value of such facilities for industrial or com-
mercial purposes. In issuing licenses under this subsection, the Com-
mission shall impose the minimum amount of such re~u]ations and
terms of license as will permit the (.`ommission to fulfill its obligations
under this Act to promote the common defense and security and to
protect the health and safety of the public and will be compatible with
the regulations and tennis of license which would apply in the event
that a commercial license were later to be issued pursuant to section
103 for that type of facility. In issuing such licenses, priority shall be
geven to those activities which wills in the opinion of the Commission,
}cad to major advances in the application of atomic energy for indus-
trial or commercial purposes.
"c. The Commission is authorized to issue licenses to persons apps -
ing therefor for utilization and production facilities useful in tli~e
conduct of research imd development activities of the types specified
in section 31 and which are not facilities of the type specified in sub-
section 104 b. The Commission is directed to impose only such mini-
mum amount of regulation of the licensee as the Commission finds
will permit the Commission to fulfill its obligations tinder this Act to
promote the common defense and security and to protect the health
and safety of -the public and will permit the conduct of widespread
and diverse research and development.
"d. No license under this section may be given to any person for
activities which are not under or within the jurisdiction of the United
States, except for the expvrt of production or utilization facilities
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aii 58 stet. 938+
under terms of nia agreement for coojaeration Arranged pursuant fq
section 123 or ez~~ept under the provisions of section 109. No license
may tie issued Eo any corporation or other entity if the Commission
knoces or has reason to believe it is owned, controlled, or dominated
by an alien, a forsigti easporatioia, or a foreign ggovernment. In any
esvent, nn licenses ru~y bo issued to any peisori asit}tin the United States
if, in the opinion of tlio Conuaiission, the issuance of a license to such
person would be inimical to the conunon defense and security or to
rho health and safety of the public.
"SF:O. 105, AN7iz'nUS?r ~A01'I9i02da: -
"a. h'otiaing contained in this Acti including tlao rovisions wiaich
vest title tv all slx~eisl .nuclear material in the United States, shall re-
lieveany person from the oporation of the following Acts, as amended,
`il n Act to ~Srotce:t trade and commerce against unlawful restraints and
2s star, Zoe, monopolies approved July second, oi~htecn hundred and ninety sec-
15 vse i-7. lions seventy-three to seventy-seven, inclusive, of an Act entitle `An
Act to rcduco taxa.tiaia, Eo provide rovenue far the Government, and
for other }aurposes' approved August twenty-seven, eighteen hundred
zs stet. 570, and ninety-four; `_An Act to sulrplement e:zisting laws against unlaw-
15 use 8-li, fur resErauats anti monopolies, and for other purposes' approved
3s scat, 730. iClctober fifteen, nineteen huiadred and fourteen; and `An Act to create
is vse 12_27, a Federal Trade-Commission, Eo define its powers and duties, and for
44i 1s use aozi other purposes' approved Se~rtenaber twenty-sia, nineteen hundred and
29 use 52, 53. fourteen, In the event a licensee is found. by a court of compotent
ss scat. 717, jurisdiction, either in an original notion in that court or in a proceed-
15 Y5e 41-48, ing to enforce os review the findings os orders of Any Government
ngency haviiag jurisdiction under the laws cited above, to have violated
nny of the provisions of such laws in Elie conduct ^f the licensed
activity, trio Commission may suspend, revoke, ar take such other
action as it nosy deem necessary avith res~rect to any license issued by
the Commission under the provisions of this Act.
44tr The Comnaissian shall rc~ort lisomptly to the Attorney General
any information it may hay=e with res~sect to any utilization of special
nuclear material ar atomic onesgy a?}iicli a~ipears to vio]nte or to tend
taa~?ard Eh? violation of aqy of t}ie foregoing Acts, or #o restrict free
competition in privnteenter}rrise,
"c. ~Vlienever the Comnaissron lxo~aoses to issue any license to any
person under section 103, it shalt notify the Attorney General of the
proposed license and thtt firaposed terms and conditions thereof, except
such classes or t}? res of heenses, as the Commission, with the a~rproval
of the Attorney ~er.era}, niay deternine ti-?otF}d not significantlx affect
the licensee's ActiviFics under the antitrust lairs as specified m sub-
section 105 a. 4S'itltin a reasonnbte time, in no event to exceed tJ0 days
rafter receiving suc}i notification, the Attorney General shall adviso
the Coromis~ion islictlier, insofar as lie can determine, the proposed
iicenso would toiad Ea create or maintain a situation inconsistent with
the nntitrust lay;?s, a3ad such ndti'iee shall 6e e~rublislfed iu the Federal
E~eginter, Ulron the retluest of the Attorney Ciencral, t}tc Commission
shall furnish or cAttse to be furnislud such infa?nantion as the Attorney
General determines to ire aliprolai'iatc or necessary to enable him to
give the advico oral{ed ftrr y this section.
"SEC. lOtl. C[.hsss3 or F~cnirtfs.=flee Canunission mny-
"a. group Ehc facilities licensed either under section 103 or
under section 10-t into chtsses titi?hicli may include either production
or utilization facilit-ies ar troth, open t}ie basis of the similarity
of operating anti technical characteristics of the facilities;
"b, define the various activities to be carried on at each such
class of facility; and
"c. designatts the amounts of special nuclear material availablo .
for use try each sr.cli facility.
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"SEC. 107. OPERATORfi~ LICEN6E6.-The Commission Shall-
"a. prescribe uniform conditions for licensing individuals as
operators of any of the various classes of production and utiliza-
tion facilities licensed in this Act;
"b. determine the qualifications of such individuals;
"c. issue licenses to such individuals in such form as the Com-?
mission may prescribe; and
"d. suspend such licenses for violations of any provision of this
Act or any rule or regulation issued thereunder whenever the
Commission deems such action desirable.
"SEC. 1OH. WAR OR NATIONAL EbIERGENCY.-Whenever the Congress
declares that a state of war Gr national emergency exists, the Commis-
sion is authorized to suspend any licenses granted under this Act if in
its judgment such action is necessary to the common defense and
security. The Commission is authorized during such period, if the
Commtssion finds it necessary to the common defense and security, to
order the recapture of any special nuclear material distributed under
the previsions- of subsection 53 a., or to order the oieration of. any
facility licensed under section 103 or 101, and is authorized to order the
entry Into any plant or facility in order to recapture such material, or
to operate such facility. Just compensation shall be paid for any
damages caused by the recapture of any special nuclear material or by
'the operation of any such facility.
"SEC. 103. CDrIroNENT PARTS OF FAGILITIE6.-With respect t0 thOSe
utilization and production facilities which are so determined by the
Commission pursuant to subsection 11 p. (2) or 11 v. (2 the Commis-
sion may (a) issue general licenses for activities required to be licensed
under section 101, if the Commission determines m writing that such
general licensing will not constitute an unreasonable risk to the com-
mon defense and security, and (b) issue licenses for the export of such
facilities, if the Commission determines in writing that each export will
not constitute an unreasonable risk to the common defense and security.
"SEC. 110. Excrusroxs.-Nothin in this chapter shall be deemed-
"a. to require a license for ~1) the processing, fabricating, or
refining of special nuclear material, or the sepparation of special
nuclear material, or the separation of special nuclear material
from other substances, under contract wit11 and for the account of
the Commission; or (2) the construction or operation of facilities
under contract with and for the account of the Commission; or
"b. to require a license for the manufacture, productimt, or
acquisition by the Department of Defense of any utilization
facility authorized pursuant to section ~Jl, or for the use of such
facility by the Department of Defense or a contractor thereof.
"CHAPTER 11. INTERNATIONAL ACTIVITIES
"SEC. 121. EFFECT OF INTERNATIONAL ARRANGEMENTS.-Any pro-
vision of this Act or any action of the Commission to the extent and
during the time that it conflicts with the provisions of any inter-
national arrangement made after the date of enactment of this Act
shall be deemed to be of no force or effect:
"SEC. 122. POLICIES CONTAINED IN INTERNATIONAL ARRANGE-
alEx'rs.-In the,performance of its functions under this Act, the Com-
mission shall give maximum effect to the policies contained in any
international arrangement made after the date of enactment of this
Act.
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Ec. 123, oor~ox ~Vrrai: Oi'a[sx NnTaoxs.-I~Io caoperfltion
with any oration or rc~*ional de#ense organization pursuan# to sections
64, 57, G4, 82, 103;1t}I,.~r 144 shall 'be undertaken until-
`?a. the Commission ar, in the case of those agreements for coop-
eration arranged pursuant to subsection 144 b., the Department a#
Defoase has submitted to the President the ~ra~osed agreement
far cooperation; t~igether with its recomnaendatton thereon, which
proposed agreement shall include {i} the terms, conditions, Jura--
tion, nature, and scope of the cooperation; (2} a guaranty by tha
caoperntiug part}' that security safeguards and standnrc~s as set
forth in the a~~ri'ecnaent far cooperation will Ire maintained; (3j a
tniaranty by floc cooperating party that any material to be trans-
ferred pursuant to such agreement will not Lc used for atomic
weapons, or for research an or development of ataniic weapons, or
for any other military purpose; and (~) a guaranty by the cooper-
ating party that e.ny material or any Restricted Data to be trans-
ferred pursuant to the agreement for cooperation Neill not I,e
trans#errexl to uns~uthorized persons or beyond the jurisdiction of
fhe cooperating party, except as specified in the agreement for
cooperation ;
"b. the President has approved. and nutliorized the execution of
floe proposed a~i?eement for cooperation, and. leas made a deter-
mination in writing that floe performance of the proposed agree-.
went will pronao~e and will not constitute an unrensonflble risk
to the common defense and security; and
"e. the proposed agreement far cooperation, together with th0
approval and the determination of the President, has been sub-
matted to floe Joint Commi#tee and a (reriod of thirty days has
elapsed. a+?laile Congirss is in session (m computing such thirty
days, there shall. be. e:i;cluded tlao days on which eit~aer Ilouse as
not in session because of an adjournment of more than three dayys).
cs~vc.124. Ia~?exriArao.;aL Arosaic Pool. The President is author-
ized to enter into an international arrangement. with fl grou)a of
nations lri?ovidng for niternntioaanl cooperation in the norimihtary
i:i>plicatians of atomic tnergy and he may thereafter cooperate witl-
that group of cations pursuant to sections 54; 57, 84, B2, i03, ill#, or
144 a.: Provided, ho?Dever, That the cooperation is undertaken pur-
suant to an agreement for cooperation entered into in nccordnnce
~citla section 123.
"CHAI'TEIt 12. CO~?'TROL OF INFOR?ai ~TION
"Svc. 141. poiaGr.-It shall. be the aoliey of the Commission to
rontrol the di:sseminntian and declflssi~cntion Of Restricted Data in
such a maniaer ns to assure the commoia dofense and security. Coa-
i;istent kith such policy, tho Commission shall be guided by the fol-
lowia princi files:
"a: ~nti1 ef~ectivc and enforceable international safeguards against
floe use of atomic energy for destructive ppurposes have been estflb-
Iished b~ au .international arrangement, tlacre shall. be no exclaango
of Restrmted Dnta with other nations except as authorized by section
i44; and.
"b. The dissemination of scientific and technical information relat-
ing to atomic energ,7 should be [?ernaitted and encaura ed so as to
provide tlaflk free interclaaeige of idefls and criticism whic~ is essential
to scientific and industrial pro~a?ess and public understnncling and to
au1flrge tae fund of technical information.
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"SEC. 142. CLASSIFICATION AND DECLASSIFICATION OF RESTRICTED
DATA.-
"a. The Commission shall from time to time determine the data,
within the definition of Restricted Data, which can be published with-
out undue risk to the common defense and security and shall there-
npon cause such data to be declassified and removed from the category
of Restricted Data.
"b. The Commission shall maintain a continuous review of
Restricted Data and of any Classification Guides issued for the guid-
ance of those in the atomic energy program with respect t.o the areas
of Restricted Data which have been declassified in order to determine
which information may be declassified and removed from the category
of Restricted Data without undue risk to the common defense and
security.
"c. In the case of Restricted Data which the Commission and the
Department of Defense jointly determine to relate primarily to the
military utilization of atomic weapons, the dete>;mmation that such
data may be published without constituting an unreasonable risk to
the common defense and security shall be made by the Commission
and the Department of Defense yointly, and if the Commission and
the Department of Defense do not agree, the determination shall be
made by the President.
"d. The Commission shall remove from the Restricted Data cate-
gory such data as the Commission and the Department of Defense
]ointly determine relates primarily to the mili#ary utilization of
atomic weapons and which the Commission and Department of
Defense jointly determine can be adequately safeguarded as defense
information :Provided, however, That no such data so removed from
the Restricted Data category shall be transmitted .or otherwise made
available to any nation or regional defense organization, while such
data remains defense information, exceptr pursuant to an agreement
for cooperation entered into in accordance with subsection 144 b.
"e. The Commission shall remove from the Restricted Data. cate-
gory such information concerning the atomic energy progmams of
other nations as the Commission and the Director of Central Intelli -
gence jointly determine to b? necessary to carry out the provisions of
section 102 (d of the National Security Act of 1947, as amended, si stet. age.
and can be adequately safeguarded as. defense information. 5o Usc aos(a).
"SEC. 143. DEPARTMENT OF DEFENSE PARTICIPATION: The Commis-
sion may authorize any of its employees, or employees of any con-
tractor, prospective contractor, licensee or prospective licensee of the
Commission to permit any employee of an agency of the Department
of Defense or of its contractors, or any member of the Armed Forces
to have access to Restricted Data required in the performance of his
duties and so certified by the head of the appropriate agency of the
Department of Defense or his designee : Provided, however, That the
head of the appropriate agency of the Department of Defense or his
designee has determined, in accordance with the established personnel
security procedures and standards of such agency, that permitting the
member or employee to have access to such Restricted Data will not
endanger the common defense and security: ~lnd pprovided furtlcer,
That the Secretary of Defense finds that the established personnel
and other security procedures and standards of such agency-are
adeq~at~ and in reasonable conformity to the standards established by
the Commission under section 145.
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"Sec, 1~. Iti?rT:a:va?rco:~ar, 000rEFt.ATION,-
"a. The President Wray authorize the Commission to coogerato with
another nation and to conrmutticate to that nation Restricted Data on-
"{1) refining, purificakion, and. subsequent treakment of source
enakerial;
" 2) rnactor devtlopmtnt;
" 3 roduction of special nuclear material;
" 4) Itez-lth ai d safety
" 5 industrial and ot~ier applications of atomic energy for
peace ul purpose.>; and
"(fl) research and deeclopmenG relating to the foregoing
Prouided, hcrwezer, That no such cooperation shall involve the eom-
ntunicatian of Restricted Data relating to the design or fabrication of
atomic weapons: And prouided further, That fhecooperation isunder-
taken pursuant to an agreement for cooperation entered into in accord-
ance with section 123, or is undertaken pursuant to an agreement
4a9stingg oil the effect iredate of this Act.
"b. Tlie President may authorize the Department of Defense: with
rho assistance of the {.ommiasion, to cooperake with another nation or
with a regional de#erse organization to which the United States is a
p1arty, and to communicate to that nation or organization such
Restnicted Data. as is necessary tts--
"(1) the devei~tpntent of defense plans;
2) the training of personnel in the employtttent of and defense
against atomic wea~tons; and
"(3) the eva}uation of the capabilities of potential enemies in
the employment .if atomic weapons,
wi-ile such otlier nation or organization is participating with the
United States {iursuank. to an international arrangement !t substan-
tial and material coin#ributions to the mutual defense an~security:
Provided, however, That no such cooperation shall involve communi-
cation of Restricted Data relating to the design or fabrication of
atomic weapons except tit ith rcgartl to exkernal eharactrristics, includ-
ing size, weight, and shape, yields and effects, and systems employed
in the dclivery.or use thet~cof but not including any data in these cate-
ggories unless in the joink judgment. of khe Commission and the
Department of Defcr.sc such data will not reveal important informa-
tion concerning the cesigit or fabrication of the nuclear components
of an atomic
sation. If 'the compensation so determined is unsatisfactory to the
person entitled thereto., such person shall be paid 75 per centum of the
amount so determined, and shall be entitled to sue the United States
in the Court of Claims or in any district court of the United States
for the district in which such claimant is a resident in a manner pro-
vided by section 1346 of Title 28 of the United 'States Code to recover 62 Stat. 939.
such further sum as added to such 75 per centum will constitute
just compensation.
"SEC. 174. ATTORNEY GENERAL ArrROVAL of T?TLE.-All real prop-
.. erty acquired under this Act shall be subject to the provisions of sec-
tion 355 of the Revised Statutes, as amended : Provided, however, ao USO 255.
That real property acquired by purchase or donation, or other means
of traRSfer may also be occupied, used, and improved for the purposes
of this Act prior to approval of title by the Attorney General in those
cases where the Presidcii determines that such section is requireQ
in the interest of the common defense and security.
`CHAPTER 16. JUDICIAL REVIEW AND ADMINISTRATIVE
PROCEDURE
"SEC. 181. GENERAL.-~Tlie irovisions of the Administrative Pro-
cedure Act (Public Law 404, ~eventy-ninth Congress, alproved June 60 stet. 237.
11, 194E) shall apply to all agency action taken under this Act, and 5 USC 1001 note.
the terms `agency' and `agency action' shall have the meanin,;: specified
in the Administrative Procedure Act: Provided, however, Tliat m the
case of agmtcy proceedings or actions which involve Restricted Data or
defense information, the Commission shall provide by regulation for
such parallel procedures as will effectively safeguat?d and prevent di6-
closure of Restricted Data or defense information to unauthorized
person9 with minimum impairment of the procedural rights which
would be available if Restricted Data or defense information were not
"SEC. 182. LICENSE APPLICATIONS.--
"a. Each aiplication for a license hereunder sgtall be in writing.az}d
shall specifically state such information as the Commission, by rule or
regulation, may determine to be necessary to decide such of the tech-
aiical and financial qualifications of the applicant, the character of the
applicant, the citizenship of the applicant, or any other qualifications
of the applicant as the Commission may deem appropriate fox the
license. In connection with applications for licenses to operate pro-
duction or utilization facilities, the applicant shall state such technical
~~0C1f1C~t1011S, inCluding information of the amount, Bind, :ind source
of special nuclear material required, the place of th~+ use, the specific
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Otis ass t ssa,
c aracteris~ f tie facility and such other information as the Com-
mission may, byy rule or regulation, deem necessary in order to enable
it to find that thr utilization or production of special nuclear material
will be in accord with th? common defense and security and will
arovide adequate protection to the health and safety of the public.
~uch technical specifications shall be a art of any license issued. The
Commission may at any time after the filing of the on pal application,
And before the eapirataon of flee license, require further written s#ate-
ments in order t~~ enable- the Commission to detcrnaine whether the
application should be granted or denied or whether a license should
bo. modified or revoked. All applications and statements shall be
signed b the aprlicant of licensee under oath or affirmation.
~~~~~ 'b. The Commission shall not issue any license for a utilization or
production facility for the generation of commercial power under sec-
tion 103 until it has given notice in writing to suc'ti regulatory agency
as may ~aave jurisdiction over the rates and services of the proposed
activity, to municipalities, Private utilities, public bodies, and coopera-
tives within transmission distance authorized to engage in the dastri-
Notitsa Su PAS bution of electric energy and until. it leas published notice of such
a~ pplication once each week for four copsecutive weeks in the Federel
Re~ister, and until. four weeks after the last notice.
`c. 'Tlie Commission, in issuing an licens? for s utilization or pro-
duction facility for flee generation of commercial dower under section
103, shall give preferred consideration to applications for such facili-
ties which will Le located in high. cost power areas in the United
States if there era conflicting applications for a limited o ~aortunity
for such license. Where-such confiictinq applications resu~hng from
limited opportunity for such license include those submitted by public
or cooperative b?~dies stack applications shall be given pre erred
Consideration.
"SEC. 183. TEa.~s oi? Lrca::asES.-Each licensai shall be in such form
and contain such terms and conditions as the Commission may, by
rule or regulation, prescribe to effectuate the provisions of this Act,
including the following provisions:
"a. Title to all special nuclear material utilized or produced by
facilities pursuant to the license, shall at all times lee in the United
$tates,
"b. No right to the special. nuclear material shall be conferred by
the license except e.s defined by the license.
"c. Yfeither the license nor an right under the license shall be
assigned or otherwise transferred in violation of the provisions of
this Act.
"d, Every lieen~e issued under this Act shall be subject to the right
of recapture or control reserved by section 10&, and to all of the other
provisions of this Act, iaoav or hereafter in ef3ect and to all valid rules
and regulations of the Commission.
"SEC. 184. IiveLia3izWaiLarr of LtcEnasES. No license granted here-
under and no ri~~,~,ht to utilize or reduce s eeial nuclear material
granted. hereby sl`all be transferred, assignedpor in any manner dis-
posed of, either ~-oluntarily or involuntarily, directly or indirectly,
through transfer o? control of any license to any ~mrson, unless the
Commission shall, after securing full infoa7aaation, find that the trans-
?er is in accordance with the provisions of dais Act, and shall give its
consent in writing. Tha Commission may give such consent to the
ci^eatiou of a mortgage, pledge, or other lien upon any facility owned
or thereafter acgr:ared by a licensee, or upon any leasehold or other
interest in such property, and the rights of the creditors so secured
may thereafter be enforced by any court subject to rules and regula-
tions established by the Commission to protect public health and
safety and pronuate the common defense and security.
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"SEC. 185. ~CON9TAQCTION PERnIITS.-Al?1 applicants for licenses to
construct or modify production or utilization facilities shall, if the
application is otherwise acceptable to the Commission, be initially
the earliest and latest dates for the completion of the construction
or modification. Unless the construction or modification of the facility
is completed by the completion date, the construction permit shall
expire, and all rights thereunder be forfeited, unless upon good cause
shown, the Commission extends the comk~letion date. U~lon the com-
ppletion of the construction or modification of the facility, upon the
filing of any additional information needed to brim the original
application up to date, and upon finding that the facility authorized
has been constructed and will operate in conformity with the applica-
tion as amended and in conformity with the provisions of this Act
and of the rules and regulations of the Commission, and in the absence
of any good cause being shown to the Commission why the granting
of a license would not be in accordance with the prov-isions of this
Act, the Commission shall thereupon issue a license to the applicant.
For all other purposes of this Act, a Construction permia is deemed to
be a `license'.
"SEC. 186. REVOCATIOPI.--
"a. Any license may be revoked for any material false statement in
the application or any statement of fact required under section 18~,
or because of conditions revealed by such application or statement of
fact or any report, record, or inspection or other means which would
warrant the Commission to refuse to grant a license on an original
application, or for failure to construct or operate a facility in accord-
ance with the terms of the construction permit or license or the techni-
cal specifications in the application, or for violation of, or failure to
observe any of the terms and provisions of this Act or of any regatla-
tion of the Commission:
"b. The Commission shall follow the provisions of section fi (b) of so Star. 242.
the Administrative Procedure Act in revokixig any license. 5 U5C 1o0s(b).
"c. Upon revocation of the license, the Commission may ixnmediatel.,y
retake possession of all special nuclear material held by the licensee.
In cases found by the Coirimission to be of extreme importance to the
national defense and security or to the health and safety of the public,
the Commission may recapture any special nuclear material held by
the licensee or may enter upon and operate the facility prior to any
of the procedures provided under the Administrative Procedure Act. 5 use ~.oo~, note..
Just compensation shall be paid for the use of the fmciiity.
"SEC. 187. MooiricATlox of LICENSE.-The teems and conditions of
all licenses shall bo subject to amendment, revision, or modification, by
reason of amendments of this Act or by reason of rules and regulations ,
issued in accordance with the terms of Phis Act.
"SEC. 188. CONTINUED. OPERATION OP FACILITIES.-Whenever fh0
Commission finds that tkie public convenience and necessity or the
production program of the Commission requires continued oper~tinn
of a production facility or utilization facility the license for Which
'has been revoked pursuant to section 186, the Commission may, after
consultation with the appropriate regulatory agency, State or Fed-
eral, having jurisdiction, order that possession be taken of axed suc11
facility be operated for such period of time as the public convenience
and necessity or the production program of the Commission may, in
the judgment of the Commission, requiss, or until a license for the
o eration of the facility shall become effective. Jost Compensation
g~a~l be paid for the use of the facility.
`~S>Jc.189. HEARINGS AND J[TDICIAL REVIEW:
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ee stet. 955. "a. In any proceeding ttndcr this Act, for tho granting, suspending,
a . iitg, or amending of any license or construction permit, or appli-
cation to transfer control, and. in any proceeding for Hie issuance or
modification of rules and regulations dealing evitlt the activities of
licensees, and in any proeeedin~ for cite payment of compensation, an
sward or ioyaltes under sections 153, 157, 184 c., or 188, the Com-
mission shall grant a hearing upon the request of any person whoso
interest may be affected by tltc pproceeding, and shall admit any such
person as a arty to such proceeding.
"b..1ny final ~trder entered iii any procccdin .of the kind specified
in subscxton a. abore shall be subject to jucticial review in the manner
rnscrii,ed in tlic Act of Decemlxr 2i1, 1J5t1, as amended (ch. 118$, E4
5 USC 1031- tat. 114D~, and to the proiisions of section 10 of the Administrative
1042, itw9. Procedure let, a3 amended.
"CIL~iPTER 17. JOINT Cfl3I'ti1ITTEE ON ATO_IfIC ENERGY
`:Si:c. 401. 3Ii3~?insa.icie.-There is hereby established a Joint Com-
mittee on Atomic Energy to be composed of nine Members of the
Senate to lx appointed by the President of the Senate, and nine Mem-
bers of the IIou~ of Represcnteitie?es to be appointed by the Slxnker
of flee house of Itepirscntatises. In each instance not more than Eve
'+lmbers shall be members of the same political party.
"Si?:c. 44.2, Ar~?riroaisr A::ir Du?rr.-The Joint Coiit:nittee shall make
continuing studies of the activities of tite Atomic Energy Commission
and of problcm~ relating to the dceelo ment, use, and control of
atomic energy, During the first slaty-clays of each session of cite
Congress, the Joint. Committee shall conduct hearings in either open
or esecutire sessi?~n for the l!~urltosc of receiving information concern-
ing the derelopmeatt, growth, and state of the atomic energy industryy.
'Tlie Commission shall. keep the Joint Committee folly and Curren#ly
informed with respect to all of the Commission's activities. The
Departiacnt of Defense shall keep the Joint Committee fully and cur-
rently ininrnted .vith respect to all matters within the Department of
Defenso relating to the de4elopment, utilization, oi? application of
atomic energy.. .1ny tiovernment agency shall furnish any informa-
tion. requested by the Joint Committee with respect to the activities
or respansibilitie:s of that agency in the field of atomic energy. All
bills, resohitions, aiul outer matters in the Senate or the Douse of Rep-
resentatives relating primarily to the Commission or to the develop-
ment, use, or control of atomic energy shall be referred tQ the Joint
Committee. The members of the Jomt Committee evho are Members
of the Senate slu,ll from time to time report to the Senate, and the
members of the .toint Conuttittee echo are Tliembcrs of the house of
Representatives shall from cline to time report to the House, by bill
or otherwise, their recommendations with respect to matters within
the jurisdiction of their reslmctive Houses which are referred to tlto
Joint Committee or ot}ierwiso ee?ithin the jurisdiction of the Joint
Committee.
"Ssa 203. Crrtis3i,~~s~ ~Taeancics in the membership of the Joint
Committee shall not affect the power of the remaini}tg members to
execute tiio functions of the Joint Committee, and shall be filled in the
same manner as in the ease of the original selection. Tho Joint Com-
mittee shall selcc-, a Chairman and a Vice Chairman from nmong its
members etc the Leginning of each Congress, T}te Vice Chairman shall
actin the place nrd stead of the Chairman in the absence of tho Chair-
man. The Chairmanship shall alternatct between the Senate and, tho
Ilouse o$ Representatives with each Cong~ri'ess, and the Chairman shall
bo selected by tL~ :Members from that House entitled to the Chair-
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~ -fig- Pubs Laa~r 70
A11 68 5tat, 9511?
manship. The Vico Chairman shall be chosen from tlie'Houso other
than that of the Chairman by the Members from that House.
"SEC. 204. PowExs.-In carrying out its duties under this Act, t'ho
Joint Committee, or any duly authorized subcomm`i~tteo thereof, is
authorized to hold such hearings or investigations, to sit acid act at "
such places and t~mos; to require, by subpena ox otherwise, the attend-
ance of such witnessas and the production of such books, papers, and
documents, to administor sixth oaths, to take such testimony, to pro-
cure such printing and binding, and to make such expenditures as-it
deems advisable. The Joint Committee may make such rules .respect-
ing its organization and procedures as it deems necessary : Provided,
hoavever, That no measure ar recommendation shall be reported from
the Joint Committee unless a majority of the committee assent. Sub>
penis may be issued over the signature of the Chairman of the Joint
Committee or by any member designated by him or by the Joint
Committee, and may be served by such person yr ~~ersons as ma,y bo
designated by such Chairman or member. The Chairman of the Joint
Committee or any member thereof may administor oaths to witnesses.
The Joint Committee may use a committee seal. The provisions of Committee seal.
sections 102 to 104, inclusive, of the Revised Statutes, as amended, shall 2 USC 192-19a,
apply in case of any failure of any witness to comply with a subpena
or to testify when summoned under authority of this section. The
expenses of the Joint Committee shall be paid from the continent
fund of the Senate from funds appropriated for tiie Joint Committee
upon vouchers approved b3~ t~lie Chairman. The cost of stenographic
service to report public hearings shall not bo in excess of the amounts
prescribed by law for reporting the hearings pf standing committees
of the Senate. Tho cost of stenographic service to report exeautve
hearings shall be fixed at an equitable rate by the Joint Committee.
1WLembers of the Joint Committee, and its employees and consultants,
while traveling on o#hci.al business for the Joint Committee, may
receive either the per diem a]Iowance authorized to be paid to AZem-
bers of Congress or its employees, or their actual and necessary
expenses provided an itemized statement of such expenses is attached
to the voucher.
"SEC. 205. STAFF axn AssrsTnxcE.-The Joint Committee is empow-
ered to appoint and fix the compensation of such experts, consultants,
technicians, and staff employees as it deems necessary and advisable.
The Joint Committee is authorized to utilize the services, information,
facilities, and personnel of the departments and establishments of the
(government. The Joust Committee is authorized to permit such of
its members, employees, and consultants as it deems necessary in the
interest of common defense and security to carry firearms while i^n
the discharge of their official duties fox the committee.
"SEC. 206. Ci,assiricnx~ox or Ixroi~~ura?riox,--The Joint Committee
may classify information originating within the committee in accord-
ance with standards used generally by the executive branch for classi-
fying Restricted Data or defense information,
"Src. 207, RECOSOS.-The Joint Committee shall keep a complete
record of all committee actions, includin a record of the votes on
any question on which a record veto is ~emanded. All committee
records, data, charts, aiad file`s shall be the property of the Joint Com-
mittee and shall be kept in the offices of the Joint Committee or other
places as the Joint Committee .may direct under such security -safe-
, guards as the Joint Committee shalA determine in the interest of the
Qommen defense and security.
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All 68. 5tat~958; Law 7~?3 -44-
"CIir1I'TEIt 18. E\ I~ ORCEbiENT
"SEC. 22f, GE:~ieR~yL P};ati?tsras$.-
"a. To protect against the unlaR?fu1 dissem}nation of Restricted
Data and to safeguard facilities, ez)uipment, materials, and other prop-
erty of ~tho Commission, the Presulent 57u~11 have authority to utilize
the services of any Government agency to the extent he may deem
necessaryy or desirable.
"b. T1re Federal Bureau of Investigation. of tiee Department of
Justice shall investigate all Alleged or suspected. criminal violations
of this Act.
"c. 1To action Shn11 be brought against an~~ individual or person for
any'vialation wader this Art. wileu and until the Attorney General of
the United Strut?s has ndeised flee Commission R~ith resppect to such
action nnc] no such action shalt be commencad except by the Attorne
General of the I:leited States: I'rouirlcd, hutcercr, That no action shall
be brought under sections 22.2, 223, 22#, 22;; or 22G except. by the express
dit?ection of the .lttornee General.
"SEC. 222. Vlol,.'1TTO:+t OF SrF.CIFrC S#,CTIOZ+IS.=`~r ]loerer SC-lI]fully Yl0-
lates, attempts to violate, or conspires to violate, any provis}on of
sections 57, 92, or 101, or nf;acver unlawfully interferes, attempts to
interfear, or conpires to interfere n?ith nny recapture or entry nnder
section 148; shall, upon conviction thereof, be punrshecl by a fine of not
more than ~i10,0t}0 or by imprisownent for not more than five years,
or both, except that hhuever commits such an offense with intent to
injure the L7nrte~l States or tivith intent to secure nn advantage to any
foreign nation sl all, upon conviction thereof, be punished by death or
imprisonment for life (but the lmnnit}' of deatle or imprisonment for
life may he impc?sed only upon recommendation of the jury), or by a
Gne of not more than $20,400 or by imprisonment for not more than
twenty years, or cot]-.
"SEC. 223. ~~30LhTi0;~7 OF SECCia?:S GE:iEa~1L4T.-j~'hoever willfully
violates, nttemptY to vio]nte, or eons~ires to violate nny rovision of
this Act for ~r}iic~ no penalty is specifically provided or ofpany regula-
tion or order prescribed or issued under section C5 or subsections 161 b.,
i., or p, shx]l, u]?on conviction thereof, be punished by a find of not
more then X5,000 or by imprisonment. for not more than ttiro years, or
bot]i, eace11;t that ss~hoevei? commits such an offense with intent to injure
the Unitccl State< or w}t1x intent to secure an advantage to nny foreign
nation,slial}, upon conviction thereof, be punished by a fineof notmore
than X20,004 or ty imprisonment for not more than twenty years, or
both.
"SEC, 22~. Conssxv:;aca?no~ of ItFSTxrcrEO DaTA -tiVhoever, (aw-
fully or unlawfully, 1-aving possession of, acress to, control over, or
being entrusted n itie any document, isr}ling, skekch, photograph, plan,
model, iustrume;et, np1~hance, note, or infarnintion involving or
incorporating Restricted Data-
"n. communicates, transmits, or discloses the same to anp indi-
vidual or erson, or attempts or conspires to do any of the fore-
going, wit intent to injure the United States or h?ith intent to
secure an advantage to nny :foreign nation, upon' conviction
thereof, shall be punished by death or im risonment for ]ife (but
the penalty of dentle or imprisonment for life may be imposed only
upon recomnendakion of the jury}, or by a fine of aiot more than
$20,000 or imprisonment far not more than twenty years, or both;
"b, communicates, transmits, or discloses the same to any indi-
vidual or~`>erson, or attempts or conspires to do and of the fore-
the United States or to secure an advantage to any foreign nation,
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ali s0 stet, ABA,_.
s~lall, upon convection, be punished by a fine of not more thaxa
$10,000 or imprisonment for not more than ten,years, or both.
"inc. 225. RECTIFY of RF9TRICT#D DnTA.-Whoever, with inte~lt to
injure tlue United States or r ith intent to secure an advantage to any
foreign nation, acquires, or attempts or conspires to acquire any docu-
ment, writing, sketch, phntogra~h, plan, model, instrument, appli-
anee, note, or information mvolvnlg or incorporating Restricted Data
shall, upon conviction thereof, be pwlished by death or imprisonment
for life (but the penalty of death or imprisonment for life may bo
emposed only upon recommendntion of the jury), or.by a fine of not
more than $20,000 or imprisonment for not more than twenty years,
or both.
"SEC. 226. TAMPE1rINQ WrTI3 RESTRICTED DATn.-W1100V'er, w3t'll intent
to ixl~uro the United States or wibh intent to secure an advantage to
any foreign nation, removes, conceals, tampers with, alters mutilates,
or destroys any document, writing, sketch, photograph, p~ an, mode3,
instrument, appliance, or note involving or xcorporating Restricted
Data and used. by any individual or erson in .connection tivith the
production of special nuclear material, or research or development
relating to atomic energy, conducted by the United States; or financed
in whole or in part by Federal funds, or conducted with the aid of
special nuclear material, shall be punished by death or imprisonment
for life (but the penalty of death or imprisonment for life may be
imposed only upon recommendation of the jury), or by a fine of not
more than $20,000 or imprisonment for not more their twenty years,
or both,
"'SEC. 22'x. Dzscl.osunE of RESTx2IGTEn DATA.-Whoever, being or
having been an employee or member of the Commission, a member
of the Ax?med Forces, an employee of any agency of the United States,
or being or having- been a contractor of the Commission or of an
agency of the United States, or being' or having been an emp]oyee of
a contractor of the Commission or of an agency of tho United. States,
or being or having been a licensee of bho Commission, or being or
having been an employee of a licensee of the Commission, knowingly
communicates, or whoever conspires to communicate or to receive,
any Restricted Data, knowing or having reason to believe that such
data is Restricted Data, to any person not authorized to receive Re-
stricted Data pursuant to the provisions of this Act or under rule or .
regulation of the Commission issued pursuant thereto, knowing or
having reason to believe stick person is not so authorized to receive
Restricted Data shall, upon conviction thereof, .be prinislZable by a
fine of not more than $2,500.
"SEC, 22$. STATUTE OF LIMITATION'S.-ExCe~t fOr a Ca~Sxtal Off011SC,
ato individual or person shall bo prosecuted, tried, or ~iunrshed for any
offense prescribed or defined in sections 224 to 226, nlclusive, of this
,Act unless the indictment is found or the information is instituted
within ten years next after such offense shall have been committed.
"SEC. 229. OTIrER LAws.-Sections 224 to 22$ shall not exclude the
applicable provisions of any other laws.
`SEC. 230. IrrsuxcTiorl PaocEEnixcs.-Whenever in the jlxdgment
of the Commission any person has engaged or is about to engage in
any acts or practices whiclx :constitute or will constitute a violation of
any provision of this Act, or any regulation or order issued there-
under, the Attorney General on behalf of the United States lnay make.
application to the appropriate court for an order enjoining such acts
or ractices, or for an order enforcing compliance with such provision,
and upon a showing by the Commisslon that sucdl person has engaged
or is about to?engage ilx any suclx acts or practices, a permanent or
temporary injunction, restralxnng order, or other order may be
gxanted.
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All fi8_ Stet. 960,
"SEC. 231. CONTE3iPT Pl;ocEEOl:vcs.-In caso of failure or refusal to
obey s subpena served upon any person ppul5uant to subsection 1G1-e.,
tho district court for any district in ivlrich such person is found or
resides or transacts busine_cs, upoal a plicatlon by the Attorney Gen-
eral on behalf of the United St,ltes, shall havo jurisdiction to issue an
order reqwiring such person to ap~xear and give testimony or to appear
and ppraduce document?, or both, m accardanco pith tha subpena; and
any failuro to obey such order of the court relay be punished by such
court as a conte,npt thereof.
"CIL~PTEIt 18.:1iISCELLA~EOUS
"SEC. 2~1. TnA~SFER OF PROrEIiTY,-iwTOtlling In t1115 Act Shall be
fin Stat. 765, 8 (a) of tlla Atomic Energgy Act of 18~Oltas heretofore amended. ction
a2 vsC 1809(e). "SEC:. a51. ItE;,oar ?I?a Go.raness, The Commission shall submit to
the Congress, in January and July of each year, a report concerning
ilia activ;ties of the Commission. The Commission shall include in
swell re Esort, and shall at such ather times as it deems desirable submit
to tho Congress, such rceonunendations for additional legislation as
Cho Coralnlission Seems necessary or desirable.
"SEe. 2G1. Arrnal?al,~?rloxs -There are hereby authorized to be
appropriated such sums as may be necessary and appropriate to carl_y
out the provisians and purpases of this ilct except such as ?may bo
necessary for acallisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or expansion.
The Acts silpra{a?iating such sums may appropriate specified portions
thereof to a accolinte for upon the certification of the Commission
only. Funds apE[iro~ielated to the Commission shall, if abli~ated byy
contract during tree fiscal year for which ap~ir?opriated, renlaln avail-
able for eYpend;ture fur four years folloa?ing the capitation of Cho
fiscal year for ti;?llich apiilropriated.
"SEC.. 2"r 1. AGE\CY JrRlaorczlati.-Notlli5lg in this Act shall be
construed to affe.~t the authority or regulations of any Federal, State,
or local agency a?it11 resliect to the generation, sale, or transmission of
electric power.
"SEC. 272. Arrr.lcal;lr.rrr of FenErs.tl, Pou?>iR Act.-Every licensee
under this Act who holcLs a license from the Commission fora utiliza-
tion or production facility for the generation of commercial electric
ener~*}r under section 103 and isho transmits such electric energy in
interstate commerce or sells it at wholesalo in interstate commerce
shall be subject to the regulator3-provisions of the Federal Power Act.
"SEC. 273. LICE:3&Ilia of (iaYF3;Zd',IEtiT AcE~c1ES.-Nothing in this
Act shall pmeluc{e any Government agency now or helrafter author-
ized bylaw to enga~ m the- production, rnarketin~, or distribution of
oloctrlc onergy from obtaining a license under section 103, if qualified
under the ~ll?ovisians of section 103; for the construction and operatian
of production or utilization facilities for the primary ~nu?pose of pra-
ducing electric energy for disposition for ultimate pu?Il1ic consumptian.
"SEC. 281. SEl*.laaml.rzY.-If any provision of this Act or the ap111li-
cation of such pravisian to any person or ciretnnstanees, is hold invalid,
the remainder of this Act or the application of such provision to per-
sons or circumst;~.nces other dean those as to which it is held invalid,
shall notbeaffected thereby,
"SEe. 281. Srruirr TaT1.F.-This Act may be cited as the `Atomic
Energy Aet of ifl:34"'
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a. Section 1 (d) of the Act of December 29, 1950 (64 Stat. 1129), is 5 USC 1031(d).
amended by inserting before the Tteriod at the end thereof a semicolon
and the following : "when such order was entered by the Atomic Energy
Commission, `agency' means that Commission".
b. Section 2 of the Act of December 29, 1950 (6~1 Stat. 1129), is 5 use 1032.
amended by inserting before the period at the end of the first para- court of Appeals,
graph thereof a comma and -the following: "and (d) of the Atomic Jurisdiction.
Energy Commission made reviewable by section 189 of the Atomic
Energy Act of 1954, as amended". ante, p,
SEC. 3. There is hereby retroceded to the State of I~?ew Mexico the crew Mexiao.
exclusive jurisdiction heretofore acquired from tho State of New Retrocession.
Mexico by the United States of America over the following land of
the United States Atomic Energyy Commission in Bernalillo County
and within the boundaries of the Satldia base, Albuquerque, New
Mexico.
Beginning at the center quarter corner of section 30, township 10
north, rango 4 east, New Mexico principal meridian, Bernalillo
County, New Mexico, thence south no degrees twenty-three minutes
thirty seconds west one thousand nine hundred forty-seven and twenty
one-hundredths feet, thence north eighty-nine degrees thirty-six min-
utes forty-five seconds east two thousand sixty-eight and forty one-
hundredths feet, thence north eighty-nine degrees three minutes fif-
teen seconds east five hundred forty-six feet, thence north no degrees
thirty-nine minutes no seconds east two hundred thirty-two and sev-
enty one-hundredths feet, thence north eighty-nine degrees twenty-
onc minutes no seconds west eight hundred fifty-two and twenty one-
hundredths feet, thence north no degrees thirty-nine minutes no sec-
onds east five hundred and sixty one-hundredths feet, thence along
the back of the south curb of West Sandia Drive, Sandia Base, Ber-
nalillo County, New Mexico, eight hundred sixty .five and sixty one-
hundredths feet, thence north no degrees thirty-note minutes no sec-
onds east one thousand three hundred thirty-five and three-tenths feet
to a point south eighty-nine degrees twenty-seven minutes forty-five
Seconds wee"t a distance of thirty feet from the quarter corner cotntnott
to sections 30 and 29, township.l0 north, range 4 east, thence south
eighty-nine degrees, twenty-seven minutes forty-five seconds west.t~fl
thousand six hmtdred twenty-three and :forty one-hundredths feet
to the point of beginning.
This retrocession of jurisdiction shall take effect upon acceptanc0
by the State of New Mexico.
Approved August 30, 1954, 9:44 a, m, ~ ~, D. ^l.
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