"SEC. 161. In the performance of its functions the Commission is authorized to

"a. establish advisory boards to advise with and make recommendations to the Commission on legislation, policies, administration, research, and other matters;

"b. establish by regulation or order such standards and instructions to govern the possession and use of special and byproduct materials as the Commission may deem necessary or desirable to protect health or to minimize danger from explosions and other hazards to life or property;

"c. make such studies and investigations, obtain such information, and hold such hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this Act, or in the administration or enforcement of this Act, or any regulations or orders issued thereunder. For such purposes the Commission is authorized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce documents, or both, at any designated place. No person shall be excused from complying with any requirements under this paragraph because of his privilege against self-incrimination, but the immunity provisions of the Compulsory Testimony Act of February 11, 1893 (U. S. C., title 49, sec. 46), shall apply with respect to any individual who specifically claims such privilege. Witnesses subpenaed under this subsection shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States;

"d. appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Commission. Such officers and employees shall be appointed in accordance with the civil-service laws and their compensation fixed in accordance with the Classification Act of 1923 1949, as amended, except that to the extent the Commission deems such action necessary to the discharge of its responsibilities, personnel may be employed and their compensation fixed without regard to such laws. The Commission shall make adequate provision for administrative review of any determination to dismiss any employee;

"e. acquire such materials, property, equipment, and facilities, establish or construct such buildings and facilities, and modify such buildings and facilities from time to time as it may deem necessary, and construct, acquire, provide, or arrange for such facilities and services (at project sites where such facilities and services are not available) for the housing, health, safety, welfare, and recreation of personnel employed by the Commission as it may deem necessary;

"f. with the consent of the agency_concerned, utilize or employ the services or personnel of any Government agency or any

AMEND ATOMIC ENERGY ACT OF 1946

33

State or local government, or voluntary or uncompensated personnel, to perform such functions on its behalf as may appear desirable;

"g. acquire, purchase, lease, and hold real and personal property as agent of and on behalf of the United States and to sell, lease, grant, and dispose of such real and personal property as provided in this Act;

"h. without regard to the provisions of the Surplus Property Act of 1941 or any other law, make such disposition as it may deem desirable of (A) radioactive materials, and (B) any other property the special disposition of which is, in the opinion of the Commission, in the interest of the national security;

"i. authorize such of its members, officers, and employees as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties. The Commission may also authorize such of those employees of its contractors engaged in guard duties at facilities owned by the United States as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties;

"j. make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes of this Act;

"SEC. 162. SECURITY.-The President may, in advance, exempt any specific action of the Commission in a particular matter from the provisions of law any Federal statute relating to the making or letting of contracts whenever he determines that such action is essential in the interest of the common defense and security.

"SEC. 163. ADVISORY COMMITTEES.-The members of the General Advisory Committee established pursuant to section 25 and the members of advisory boards established pursuant to section 161 a. may serve as such without regard to the provisions of sections 281 and 283 of the Criminal Code or section 19 (e) of the Contract Settlement Act of 1944, except insofar as such sections may prohibit any such member from receiving compensation in respect of any particular matter which directly involves the Commission or in which the Commission is directly interested.

"SEC. 164. The Atomic Energy Commission is authorized in connection with the construction or operation of the Oak Ridge, Paducah, and Portsmouth installations of the Commission, without regard to section 3679 of the Revised Statutes, as amended, to enter into new contracts or modify or confirm existing contracts to provide for electric-utility services for periods not exceeding twenty-five years, and such contracts shall be subject to termination by the Commission upon payment of cancellation costs as provided in such contracts, and any appropriation presently or hereafter made available to the Commission shall be available for the payment of such cancellation costs. Any such cancellation payments shall be taken into consideration in determination of the rate to be charged in the event the Commission or any other agency of the Federal Government shall purchase electric-utility services from the contractor subsequent to the cancellation and during the life of the original contract.

"SEC. 165. All monies received by the Commission under this Act shall be covered into the Treasury as miscellaneous receipts.

"CHAPTER 16. COMPENSATION FOR PRIVATE PROPERTY

ACQUIRED

"SEC. 171. The United States shall make just compensation for any property or interests therein taken or requisitioned pursuant to sections 52 and 153. The Commission shall determine such compensation. If the compensation so determined is unsatisfactory to the person entitled thereto, such person shall be paid 50 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 in the manner provided by section 1346 and 145 of the Judicial Code to recover such further sum as added to said 50 per centum will make up such amount as will be just compensation.

"SEC. 172. In the exercise of the rights of eminent domain and condemnation, proceedings may be instituted under the Act of August 1, 1888 (U. S. C., title 40, sec 257), or any other applicable Federal statute. Upon or after the filing of the condemnation petition, immediate possession may be taken and the property may be occupied, used, and improved for the purposes of this Act, notwithstanding any other law. Real property acquired by purchase, donation, or other means of transfer may also be occupied, used, and improved for the purposes of this Act, prior to approval of title by the Attorney General.

"CHAPTER 17. JUDICIAL REVIEW AND

ADMINISTRATIVE PROCEDURE

"Sno. 14. (a) Notwithstanding the provisions of section 12 of the Administrative Procedure Act (Publie Law 404, Seventy-ninth Congress, approved June 11, 1946) which provide when such Act shall take effect, section 10 of such Act (relating to judicial review) shall be applicable, upon the enactment of this Act to any agency action under the authority of this Act or by any agency created by or under the provisions of this Act.

"b) Except as provided in subsection (a), no provision of this Aet shall be held to supersede or modify the provisions of the Administrative Procedure Aet.

"(e) As used in this section the terms "ageney action" and "agency" shall have the same meaning as is assigned to such terms in the Administrative Procedure Act.

"SEC. 181. GENERAL.-The provisions of the Administrative Procedure Act shall apply to all 'agency acts', as that term is defined in the Administrative Procedure Act, specified in this Act. In determining whether or not an act of the Commission would be an ‘agency act', the fact that the national security and the common defense require the act, or facts essential to that act to be kept secret shall not be considered. For those agency acts which can be made public, the full regular administrative procedures shall be followed. For those agency acts which cannot be undertaken in public, the Commission shall vide by regulation for identical procedures except that they shall not be public.

pro

the

SEC. 182. LICENSE APPLICATIONS.—Each application for a license hereunder shall be in writing and shall specifically state such information as the Commission, by rule or regulation, may determine to be necessary to decide the technical and financial qualifications of the applicant, the character of the applicant, the citizenship of the applicant and any other qualifications of the applicant as the Commission may deem necessary. In connection with applicants for licenses to operate production or utilization facilities, the applicant shall state such technical specification, including information of the amount, kind, and source of special material required, the place of the use, specific characteristics of the facility (including plans and diagrams) and such other information as the Commission may, by rule or regulation deem necessary in order to permit it to find that the utilization or production of special material will be in accord with the common defense and security and will protect the public_health_and_safety. These technical specifications shall be a part of any license issued. The Commission may, at any time after the filing of the original application, and also during the term of any license require further written statements of fact in order to enable the Commission to determine whether the application should be granted or denied or whether an

issued license should be revoked. All applications and statements of fact shall be signed by the applicant or licensee under oath or affirmation.

"SEC. 183. TERMS OF Licenses.—Each license shall be in such form and contain such terms and conditions as the Commission may prescribe, including the following provisions:

"a. Title to all special material utilized or produced by facilities pursuant to the license shall at all times vest in the United States.

"b. No right to the special material shall be conferred by the license save as defined by the license.

"c. Neither the license nor any right under the license shall be assigned or otherwise transferred in violation of the provisions of this Act.

"d. Every license issued under the Act shall be subject to the right of recapture or control conferred by section 109 hereof, and to all of the other provisions of this Act, now or hereafter in effect and to all valid rules and regulations of the Commission.

"SEC. 184. INALIENABILITY OF LICENSES.-No license granted hereunder and no right to utilize or produce special material granted hereby shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly through transfer of control of any licensee to any person, unless the Commission shall, after securing full information, find that the transfer is in accordance with the provisions of this Act, and shall give its consent in writing.

"SEC. 185. CONSTRUCTION PERMITS.-All applicants for licenses to construct or modify production or utilization facilities shall, if the application is otherwise acceptable to the Commission, be initially granted a construction permit. The construction permit shall state 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 completion date of a construction permit. Upon the completion of the construction or modification of the facility, upon the filing of any additional information needed to bring the original application up to date, and upon finding that the facility authorized has been constructed and will operate in conformity with the application 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 provisions of this Act, the Commission shall thereupon issue a license to the applicant. For all other purposes of this Act, a construction permit is deemed to be a license'.

"SEC. 186. REVOCATION.-Any license may be revoked for any false statement in the application or any statement of fact required under section 182 hereof, 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 in refusing to grant a license on an original application, or for failure to construct or operate a facility in accordance with the terms of the construction permit or