AMEND ATOMIC ENERGY ACT OF 1946

37

license or the technical specifications in the application, or for violation of or failure to observe any of the terms and conditions of this Act or of any regulation of the Commission.

"SEC. 187. MODIFICATION OF LICENSE.-The terms and conditions of all licenses shall be subject to amendment, revision, modification, or annulment by reason of amendments of this Act or by reason of rules and regulations issued in accordance with the terms of this Act. Upon revocation of the license, the Commission shall immediately retake possession of all special material held by the licensee. In cases found by the Commission to be of extreme importance to the national defense and common security or to the public health and safety, the Commission may recapture any special material held by the licensee, before any hearing provided under the Administrative Procedure Act.

SEC. 188. REVIEW BOARD.-There is hereby established a Review Board within the Commission to review, on petition, any action of the Commission in connection with

a. the granting or denial of any license or construction permit or any application to transfer control;

b. the revocation or modification of any license or construction permit;

c. the issuance or modification of rules and regulations dealing with the activities of licensees of production or utilization facilities: and

d. determinations of just compensation pursuant to the provisions of this Act.

The Review Board shall be composed of not less than one and not more than three members, selected by the President with the advice and consent of the Senate. Each member shall serve for a term of seven years, and shall be removable by the President only for inefficiency, neglect of duty, or malfeasance in office. Each member shall receive compensation at the rate of $15,000 per annum, and shall be a citizen of the United States. No member shall be appointed until he has filed with the Joint Committee a complete and accurate record of all financial interests he may have in any company engaging in the manu facture or in the operation of production or utilization facilities, or in the production or utilization of special materials or in the discovery or process of source material. All such statements shall be made under oath and shall be kept current. No statement of any member of the Review Board shall be made public except by the express approval of the majority of the Joint Committee. The senior member of the Review Board shall be responsible for the administration of the Review Board. The Commission shall furnish to the Review Board the assistance which the Review Board may require, but no Commission employee assigned to work for the Review Board shall perform other duties for the Commission. Whenever the Review Board makes a final détermination on any petition, the Commission shall forthwith enter an order embodying the determination of the Review Board, and such order shall be the final order of the Commission.

SEC. 189. JUDICIAL REVIEW.-Any proceeding to enjoin, set aside, annul or suspend any order of the Commission shall be brought as provided by and in the manner prescribed in the Act of December 29,

· 1950 (c. 1189, 64 Stat. 1129), as amended. In the event that the final order of the Commission entered in accordance with the provisions of section 188 is different from the order entered by the Commission before the petition to review was filed with the Review Board, the Commission may also appeal from the final order in accordance with the provisions of this section.

SEC. 190. COURT ACTIONS INVOLVING RESTRICTED DATA-No action shall be brought in any court, whether such action would be maintainable under the provisions of Section 189 or otherwise, if the Commission finds that such action would necessarily involve the disclosure of restricted data, and the National Security Council concurs in the finding that restricted data is involved.

"CHAPTER 18. JOINT COMMITTEE ON ATOMIC ENERGY

(42 U. S. C. 1815)

"SEC. 201. There is hereby established a Joint Committee on Atomic Energy to be composed of nine Members of the Senate to be appointed by the President of the Senate, and nine Members of the House of Representatives to be appointed by the Speaker of the House of Representatives. In each instance not more than five members shall be members of the same political party.

"SEC. 202. The Joint Committee shall make continuing studies of the activities of the Atomic Energy Commission and of problems relating to the development, use, and control of atomic energy. The Commission shall keep the Joint Committee fully and currently informed with respect to the Commission's activities. Each Government agency shall furnish any information requested by the Joint Committee with respect to the development, use, and control of atomic energy by that agency. All bills, resolutions, and other matters in the Senate or the House of Representatives relating primarily to the Commission or to the development, use, or control of atomic energy shall be referred to the Joint Committee. The members of the Joint Committee who are Members of the Senate shall from time to time report to the Senate, and the members of the Joint Committee who are Members of the House of Representatives shall from time to time report to the House, by bill or otherwise, their recommendations with respect to matters within the jurisdiction of their respective Houses which are (1) referred to the Joint Committee or (2) otherwise within the jurisdiction of the Joint Committee.

"SEC. 203. Vacancies in the membership of the Joint Committee shall not affect the power of the remaining members to execute the functions of the Joint Committee, and shall be filled in the same manner as in the case of the original selection. The Joint Committee shall select a chairman and a vice chairman from among its members at the beginning of each Congress. The vice chairman shall act in the place and stead of the chairman in the absence of the chairman.

"SEC. 204. In carrying out its duties under this Act, the Joint Committee, or any duly authorized subcommittee thereof, is authorized to hold such hearings or investigations, to sit and act at such places and times, to require, by subpena or otherwise, the attendance of such witnesses and the production of such books, papers, and documents, to administer such oaths, to take such testimony, to procure such printing and binding, and to make such expenditures as it deems advisable. The Joint Committee may make such rules respecting its organization and procedures as it deems necessary: Provided, however, That no measure or recommendation shall be reported from the Joint Committee unless a majority of the committee is actually present. Subpenas 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 or persons as may be designated by such chairman or member. The Chairman of the Joint Committee, or any member thereof, may administer oaths to witnesses. The Joint Committee may use a committee seal. The cost of stenographie services to report such hearings shall not be in excess of 25 cents per hundred words. The provisions of sections 102 to 104, inclusive, of the Revised Statutes shall 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 contingent fund of the Senate upon vouchers approved by the chairman. The cost of stenographic service to report public hearings shall not be in excess of the amounts prescribed by law for reporting the hearings of standing committees of the House or the Senate. Members of the Joint Committee, and its employees and consultants, while traveling on official business for the Joint Committee, may receive either the per diem allowance authorized to be paid to Members of Congress or its employees, or their actual expenses provided an itemized statement of such actual expenses is attached to the voucher.

"SEC. 205. The joint committee is empowered to appoint and fix the compensation of such experts, consultants, technicians, and clerical and stenographic assistants as it deems necessary and advisable but the compensation so fixed shall not exceed the compensation prescribed under the Classification Act of 1923, 1949, as amended, for comparable duties. The committee is authorized to utilize the services, information, facilities, and personnel of the departments and establishments of the Government. The 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 in the discharge of their official duties for the committee.

"SEC. 206. The Joint Committee may classify information originating within the committee in accordance with standards used generally by the executive branch for classifying restricted data or defense information.

"SEC. 207. The Joint Committee shall keep a complete record of all committee actions, including a record of the votes on any question on which a record vote is demanded. All committee records, data, charts, and files shall be the property of the Joint Committee and shall be kept in the offices of the Joint Committee or other places as the Joint Committee may direct under such security safeguards as the Joint Committee shall determine in the interest of the common defense and security.

"CHAPTER 19. ENFORCEMENT

"SEC. 221. GENERAL PROVISIONS.

"a. To protect against the unlawful dissemination of restricted data and to safeguard facilities, equipment, materials, and other property of the Commission, the President shall have authority to utilize the services of any Government agency to the extent he may deem necessary or desirable.

"b. All violations of this Act shall be investigated by The Federal Bureau of Investigation of the Department of Justice shall investigate all alleged or suspected criminal violations of this Act.

"c. No action shall be brought against any individual or person shall be prosecuted for any violation under this Act unless and until the Attorney General of the United States has advised the Commission with respect to such prosecution action and no such prosecution action shall be commenced except upon the express direction of by the Attorney General of the United States.

"SEC. 222. CRIMINAL PROVISIONS.-a. Whoever willfully violates, attempts to violate, or conspires to violate, any provision of sections 41, 44, 53, 56, or 101 shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation shall, upon conviction thereof, 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 and only in cases where the offense was committed with intent to injure the United States), or by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both.

"b. Whoever willfully violates, attempts to violate, or conspires to violate, any provision of this Act other than those specified in section 222 and sections 223 d. and e. and other than section 142, or of any regulation or order prescribed or issued under sections 64, 109, or 161 b. shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation, shall, upon conviction thereof, be punished by a fine of not more than $20,000 or by imprisonment for not more than twenty years, or both. "SEC. 223. CRIMINAL PROVISIONS RESTRICTED DATA

"a. Whoever, lawfully or unlawfully, having possession of, access to, control over, or being entrusted with, any document, writing, sketch, photograph, plan, model, instrument, appliance, note or information involving or incorporating restricted data

"(A) communicates, transmits, or discloses the same to any individual or person, or attempts or conspires to do any of the foregoing, with intent to injure the United States or with intent to