and pay such just compensation except in the case of real property. If that determination is not satisfactory, the Commission is required to pay 75 percent of the amount and the claimant is entitled to sue in the Court of Claims, or in the district court for the district in which he resides, for such further sum as added to the 75 percent will constitute just compensation.

Section 172 requires that real property shall be condemned pursuant to the normal condemnation statutes and procedures.

Section 173 requires the Commission to pay just compensation for the disclosure of restricted data to any foreign nation where such restricted data is based on a patent application owned by a person other than the United States. If the claimant does not believe the Commission's determination of the amount to be just compensation is a proper amount, the Commission is required to pay 75 percent of the amount, and the claimant can sue for such further sum as added to the 75 percent will constitute just compensation.

Section 174 requires the Commission to receive the approval of the Attorney General on the title of any real property to be occupied, used, or improved by the Commission except where the President determines that prior approval of the title by the Attorney General is not required in the interest of the common defense and security.

CHAPTER 16. JURISDICTIONAL REVIEW AND ADMINISTRATIVE PROCEDURE

This chapter describes the procedures and conditions for issuing licenses under the bill.

Section 181 makes the provisions of the Administrative Procedures Act applicable to all agency actions of the Commission. Where publication of data involved in agency action is contrary to the national security and common defense, then identical secret procedures are required to be set up within the Commission. The Commission is required to grant a hearing to any party materially interested in any agency action.

Section 182 sets forth the information that the Commission may require in any application for a license so as to assure the Commission of adequate information on which to fulfill its obligations to protect the common defense and to protect the health and safety of the public. With respect to a production or utilization facility to be licensed under a commercial license under section 103, notice is required to be given to the applicable regulatory agency having jurisdiction over the rates and services of the proposed activity and notice is also required to be published once each week for 4 consecutive weeks in the Federal Register. No license may issue until 4 weeks after the last such notice.

In issuing commercial licenses for utilization or production facilities under section 103 where all other conditions are equal and there are conflicting applications for a limited opportunity for a license, the Commission is required to give preferred consideration to facilities which will be located in high-cost power areas.

Section 183 provides that the licenses shall include a term reserving title to all special nuclear material to the United States; a term granting no right to special nuclear material save as defined by the license; a term prohibiting the assignment of the license in violation of the act; and a term reserving the right to recapture or control, contained in section 108, and submitting the license to any changes of the act or to any changes in the rules and regulations of the Commission.

Section 184 prohibits any license from being transferred, assigned, or disposed of directly or indirectly, unless the Commission finds that the transfer is in accordance with the provisions of the act. The Commission is permitted to consent to the creation of a mortgage, pledge, or other lien on any facility licensed under the act.

Section 185 permits the Commission to issue construction permits to applicants for a production or utilization facility, describes the terms of the construction permit, and requires the issuance of a license if the construction is carried out in accordance with the terms of the construction permit.

Section 186 sets forth the grounds on which the revocation of a license may be based; brings the revocation procedures under the provisions of the Administrative Procedure Act (without limiting the procedures specified in that act in their application to any other section of the bill); and permits the Commission, upon revocation of a license, to retake special nuclear material held by the licensee. In cases of extreme importance, the Commission is permitted to recapture the special nuclear material or to operate any facility even before the procedures of the Administrative Procedure Act have been initiated.

Section 187 requires that all licenses shall be subject to amendment, revision, or modification by reason of amendments to the act or by reason of rules, regulations of the Commission issued in accordance with the terms of the act.

Section 188 permits the Commission to continue the operation of facilities whose licenses are revoked, if public convenience and necessity, or the production program of the Commission require continued operation of the facility. The Commission is required to consult with the appropriate regulatory agency having jurisdiction in cases concerning the public convenience.

Section 189 provides for judicial review of a final order of the Commission entered in certain agency actions. The review is provided by the act establishing judicial review for the actions of other regulatory agencies.

CHAPTER 17. JOINT COMMITTEE ON ATOMIC ENERGY

This chapter establishes the Joint Committee and sets forth the provisions governing its operations.

Section 201 establishes the Joint Committee consisting of 9 Members of the Senate and 9 Members of the House with a limitation that not more than 5 Members of each House shall be members of the same political party.

Section 202 requires the Joint Committee to make continuing studies of the activities of the Commission, and of problems relating to the development, use, and control of atomic energy. The committee is directed during the first 60 days of each session to conduct hearings on the state of the atomic-energy industry but this is not intended to limit the activity of the Joint Committee with respect to the industry throughout the balance of the year. The Commission and the Department of Defense are required to keep the Joint Committee fully and currently informed with respect to all atomic-energy matters. It is the intent of Congress that the Joint Committee be informed while matters are pending, rather than after action has been taken. All

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Government agencies are required to furnish any information relating to atomic energy requested by the Joint Committee. All matters in the Congress relating primarily to the Commission or to the development, use, or control of atomic energy are required to be referred to the Joint Committee, and the members from the Joint Committee from the Senate and from the House are required to report to their respective Houses their recommendations with respect to matters within the jurisdiction of the Houses which are referred to the Joint Committee.

Section 203 permits the Joint Committee to operate regardless of any vacancies in the membership. The Joint Committee is required to select a chairman and a vice chairman from its members with the chairmanship alternating between the two Houses with each Congress. Only those members of that House entitled to the chairmanship vote on the election of the chairman. The vice chairman, who must be a Member of the other House, is selected in the same way.

Section 204 permits the Joint Committee to hold hearings, meetings, investigations, to require the attendance of witnesses, to make rules for its organization, to issue subpenas, to administer oaths, to use a committee seal, and to pay for necessary expenses from the contingent fund of the Senate from funds appropriated for the Joint Committee. Section 205 permits the Joint Committee to appoint experts, consultants, technicians, and staff employees, and to utilize the services, facilities, and personnel of the departments of Government. The Joint Committee is permitted to authorize its personnel to carry firearms in the discharge of their official duties.

Section 206 permits the Joint Committee to classify information originating within the committee in accordance with the standards used generally for the classification of restricted data or defense information.

Section 207 requires the Joint Committee to keep a record of all Committee actions and requires that the Committee records are the property of the Joint Committee to be kept in the offices of the Joint Committee under such security safeguards as the Joint Committee shall determine in the interest of the common defense and security.

CHAPTER 18. ENFORCEMENT

This chapter establishes the provisions for enforcing the bill. Section 221 permits the President to utilize the services of any Government agency to protect the property of the Commission or to prevent the unlawful dissemination of restricted data. The Federal Bureau of Investigation is required to investigate all alleged or suspected criminal violations of the bill. No action may be brought for any violation of the act until the Attorney General has advised the Commission with respect to such action. All actions are required to be brought by the Attorney General as the legal representative of the Commission before the courts. In those cases involving the death penalty, action may be brought only on the express direction of the Attorney General himself.

Section 222 establishes criminal penalties for violation of certain of the prohibition sections within the act. The maximum penalty, if the offense is committed with intent to injure the United States or with intent to secure an advantage to any foreign nation, is, on recommendation of the jury, death or imprisonment for life.

Section 223 establishes the criminal penalties for violation of all of the balance of the provisions of the act or for rules and regulations issued under certain specified limited statutory authority. There are lesser penalties attached to this section, though the maximum penalty, if the offense is committed with intent to injure the United States or with intent to secure an advantage to any foreign nation, is, $20,000 or 20 years or both.

Section 224 establishes the penalties for the disclosure of restricted data with intent to injure the United States or with intent to secure an advantage to a foreign nation. The maximum penalty is, on recommendation of the jury, death or imprisonment for life.

Section 225 establishes criminal penalties for acquiring restricted data with intent to injure the United States or with intent to secure advantage to any foreign nation. The maximum penalty is, on recommendation of the jury, death or imprisonment for life.

Section 226 establishes criminal penalties for altering or changing any restricted data with intent to injure the United States or with intent to secure an advantage to any foreign nation. The maximum penalty is, on recommendation of the jury, death or imprisonment for life.

Section 227 prohibits any person authorized to have restricted. data from knowingly communicating, or whoever conspires to communicate or to receive, restricted data to any person known not to be authorized to receive restricted data, knowing that the information communicated is restricted data. The penalty Is a fine of $2,500.

Section 228 establishes a 10-year period of limitation for noncapital offenses described in sections 224, 225, and 226.

Section 229 continues the applicability of any other laws (including the espionage law) to the field of atomic energy.

Section 230 permits the Attorney General to petition a court on behalf of the Commission for the injunction of any act which the Commission believes will violate any provision of the bill.

Section 231 permits the Attorney General to petition the court for an order requiring any witness to obey a subpena served upon the witness by the Commission or to obtain an order of the court punishing the witness for contempt in the event the order of the court is disobeyed.

CHAPTER 19. MISCELLANEOUS

This chapter includes several sections of general applicability. Section 251 requires the Commission to make an annual report to Congress on its activities including recommendations for legislation. Section 261 authorizes appropriations necessary and appropriate to carry out the provisions of the act, except such sums as may be necessary for the acquisition or condemnation of real property or for plant construction or expansion, and keeps the sums appropriated available for expenditure for 4 years following the expiration of the fiscal year for which the sums were appropriated. The Commission is required to obtain congressional approval of new construction, or expansion, of its plants.

Section 271 preserves the regulatory power of any appropriate agency with respect to the generation, sale, or transmission of electric power.

Section 281 is the standard separability section.

Section 291 provides the short title of the act as the "Atomic Energy Act of 1954."

Section 2 of the bill amends the act establishing judicial review from certain regulatory agencies by adding final orders of the Atomic Energy Commission to the provisions of the act.

Section 3 of the bill retrocedes exclusive jurisdiction of the residential area of the Commission's establishment at Sandia Base, Albuquerque, N. Mex.

Section 4 of the bill continues in effect the provisions of the section of the Atomic Energy Act requiring all governmental properties relating to atomic energy to be transferred to the Commission.

204. ATOMIC ENERGY ACT OF 1954, AUGUST 30, 1954 1 "CHAPTER 1. DECLARATION, FINDINGS, AND PURPOSE "SECTION 1. DECLARATION.-Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that

"a. the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and

"b. the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

"SEC. 2. FINDINGS.-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 common defense and security.

"b. In permitting the property of the United States to be used by others, such use 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.

"c. The processing and utilization of source, byproduct, and special nuclear material affect interstate and foreign commerce and must be regulated 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.

"e. Source and special nuclear material, production facilities, and utilization facilities are affected with the public interest, and regulation by the United States of the production and utilization of atomic energy and of the facilities used in connection therewith is necessary in the national interest to assure the common defense and security and to protect the health and safety of the public.

"f. The necessity for protection against possible interestate damage occurring from the operation of facilities for the production or utiliza

1 Public Law 703, 83d Congress, 2d session.