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Sec. 106. SUBSTITUTIONS.-Funds authorized to be appropriated or otherwise made available by this Act may be used to start any other new project for which an estimate was not included in this Act if it be a substitute for a project authorized in subsection 101 (a), 101 (b), or 101 (c), and the estimated cost thereof is within the limit of cost of the project for which substitution is to be made, and the Commission certifies that,

(a) the project is essential to the common defense and security; and

(b) the new project is required by changes in weapon characteristics or weapon logistic operations; and

(c) it is unable to enter into a contract with any person, including a licensee, on terms satisfactory to the Commission to furnish from a privately owned plant or facility the product or

services to be provided in the new project. 71 Stat. 403. Sec. 107. PROJECT RESCISSIONS.—(a) Public Law 85–162 is amended

by rescinding therefrom authorization for certain projects, except for funds heretofore obligated, as follows:

Project 58–6–1, fabrication plant, $5,000,000;

Project 58-b-3, metal treatment plant, Fernald, Ohio, $850,000; and

Project 58e-13, Argonne boiling reactor (ARBOR), National

Reactor Testing Station, Idaho, $8,500,000. 70 Stat. 127. (b) Public Law 506, Eighty-fourth Congress, second session, is

amended by rescinding therefrom authorization for a project, except
for funds heretofore obligated, as follows:

Project 57-c-6, food irradiation facility, $3,000,000.
Sec. 108. EXPENSES FOR Move to New PRINCIPAL OFFICE.—Public

Law 85–162 is amended by striking therefrom the figure “$75,000” in 71 Stat. 407. section 109 a. (4) and substituting therefor the figure “$210,000”. 42 USC 2033 note. Sec. 109. COOPERATIVE POWER REACTOR DEMONSTRATION PRO71 Stat. 409, GRAM.-Section 111 of Public Law 85–162 is hereby amended by strik

ing out the figures “$129,915,000” and “$149,915,000” in subsection (a) thereof, and inserting in lieu thereof the figures "$155,113,000" and "$175,113,000"; by striking out the figure "$1,500,000" in clause (2) of subsection 111 a. and inserting in lieu thereof the figure “$2,750,000"; by striking out the date “December 31, 1958" in clause (3) of subsection 111 a. and inserting in lieu thereof the date “June 30, 1959" ;

and by adding at the end thereof the following new subparagraphs 72 Stat. 493. (c), (d), (e), and (f): 72 Stat. 494. "© Funds appropriated to the Commission, pursuant to the au

thorization contained in subsection (a) of this section, shall be available to the Commission for cooperative arrangements which may provide for the waiver by the Commission of its charges for the use of heavy water for a period not to exceed five years in any proposed reactor otherwise eligible for assistance under the Commission's power reactor demonstration program.

"(d) Funds appropriated to the Commission, pursuant to the authorization contained in subsection (a) of this section and authorized for the Third Round of the Commission's power reactor demonstration program, shall be available to the Commission for a cooperative arrangement in accordance with the basis for an arrangement described in the Program Justification Data for Arrangement Numbered 58-111-5.

“(e) Funds appropriated to the Commission pursuant to the authorization contained in subsection (a) of this section, for the Commission's power reactor demonstration program shall be available to the Commission for a cooperative arrangement in accordance with the

а

basis for an arrangement described in the Program Justification Datir for Arrangement Numbered ::8-111-6 (PHASEI).

"(f) Before the ('ommission hereafter enters into any arrangement the basis of which has not been previously submitted to the Joint Committee on Itomic Energy which involves appropriations authorized by gibsection (a) of this section, it shall make public announcement of each particular reactor project it considers technically desirable for construction, and shall set reasonable dates for submission, approval of the proposal and negotiation of the basis of the arrangement, and commencement of construction."

SEC. 110. Gas-('OOLED POWER REACTOR.—(a) The appropriation authorized in section 101 of this let for project 59-d-10, gas-cooled power reactor, shall also be alternatively available for a cooperative program under which the ('ommission may enter into a cooperative arrangement with public, private, or cooperative power groups, equipnient manufacturers or others under which the organization will design, construct, and operate the reactor at its own expense and the ('ommission will contribute to the cost of research and development programs and other assistance in accordance with the terms and conditions of the Commission's power reactor demonstration program, including review by the Joint Committee of the basis of the proposed arrangement in accordance with subsection 111.(b) of Public Law 71 Stat. 409. 8.–102. Within thirty days after the President signs the Act making available to the Commission appropriations for this project, the (onmission shall make it public announcement requesting proposals for such a cooperative program. In the event the Commission does not receive a proposal within sixty days after such announcement, or if the Commission receives proposals within such sixty-clay period but is umable to negotiate a satisfactory basis of the arrangement for submission to the Joint ('ommittee within ninety days thereafter, the ('ommission shall proceed with project 59–1-10 in accordance with subsections (b), (c), and («l) of this section.

(b) In the event the Commission does not receive a satisfactory proposal under subsection (a) of this section, the Commission shail proceed with the design, engineering and construction' umder contract, as soon as practicable, of the prototype power reactor facility authorized by Section 101 for project 59-d-10 at an installation operated! by or on behalf of the Commission, and the electric energy generated shall be used by the ('ommission in connection with the operation of such installation. (c) In the conduct of the work under this section, the Commission

72 Stat. 495. is authorized to obtain the participation of private, cooperative, or public power organizations to the fullest extent consistent with 'the Commission direction of the project, ownership of the reactor, and utilization of the electric energy generated.

(d) The power reactor facility constructed shall be operated by, or under contract with, the ('ommission, for such period of time as the Commission determines to be advisable for research and development purposes and for such additional period as the Commission may determine to le necessary for national defense purposes. Upon the expiration of such period the ('ommission may offer the reactor and its appurtenances for sale to any public, private, or cooperative power group at a price to reflect appropriate depreciation but not to include construction costs assignable to research and development, or the commis

dismantle the reactor and its appurtenances. (e) Notwithstanding the provisions of subsection (a), if the ('ommission determines, at any time within sixty days after the announcement provided for in subsection (a) that (i) any public, private, or cooperative power group, equipment manufacturer, or other persons or

72 Stat. 494.

sion may

72 Stat. 495.

Report to
Congress.

organization has designed and is ready to construct and operate such a reactor at its own expense and not in conjunction with any cooperative arrangement with the Commission and (ii) the purposes of the gas-cooled reactor project 59-d-10 as a part of the Commission's reactor-development program would be substantially fulfilled by the construction and operation of the reactor by such group, equipment manufacturer, or other person or organization, then the Commission shall not be obligated to proceed with such project under this section.

Sec. 111. DESIGN AND FEASIBILITY STUDIES. — The Commission shall proceed with sufficient design work, together with appropriate engineering and development work, necessary for the Commission to begin construction as soon as practicable after authorization by the Congress of the type of reactor authorized by project 59-d-12. The Commission shall submit to the Joint Committee on Atomic Energy reports on the studies for projects 59-d-12 and 59-d-14 by April 1, 1959, and for project 59-d-13 by May 1, 1959.

Sec. 112. INCREASE IN PRIOR PROJECT AUTHORIZATIONS.—(a) Public Law 84–506 is amended by striking out the figure “$2,140,000" for project 57-h-2, physics building, Brookhaven National Laboratory, and substituting therefor the figure "$3,040,000."

(b) Public Law 85–162 is amended by striking out the figure "$4,000,000" for project 58 e-7, waste calcination system, National Reactor Testing Station, Idaho, and substituting there for the figure "$6,000,000”.

Approved August 4, 1958.

70 Stat. 127.

71 Stat. 403.

85th Congress, H. R. 13482

August 19, 1958

AN ACT

To amend the Atomic Energy Act of 1954, as amended.

68 Stat. 930.

Licenses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection a.

Atomio Energy of section 53 of the Atomic Energy Act of 1954, as amended, is amended Act of 1954, by deleting “or” at the end of paragraph "(2)"; by changing the amendment: period at the end of paragraph “3)" to a semicolon; and by adding

42 USC 2073. the following at the end of the subsection:

“(4) for such other uses as the Commission determines to be appropriate to carry out the purposes of this Act.” SEC. 2. That subsection c. of section 53 of the Atomic Energy Act of 1954, as amended, is amended by deleting in both the first and second sentences the words "subsection 53a (1) or subsection 53a (2)” and inserting in lieu thereof in both sentences “subsection 53a (1), (2) or (4)”.

SEC. 3. That section 68 of the Atomic Energy Act of 1954, as 42 USC 2098. amended, is amended to read as follows:

“SEC. 68. PUBLIC AND ACQUIRED LANDS.

“b. Any reservation of radioactive mineral substances, fissionable Release of materials, or source material, together with the right to enter upon reservation. the land and prospect for, mine, and remove the same, inserted pursuant to Executive Order 9613 of September 13, 1945, Executive Order 3 CFR Cum. 9701 of March 4, 1946, the Atomic Energy Act of 1946, or Executive Supp., p.425. Order 9908 of December 5, 1947, in any patent, conveyance, lease, 60 Stat. 755. permit, or other authorization or instrument disposing of any interest 42 USC 1801 in public or acquired lands of the United States, is hereby released, note. remised, and quitclaimed to the person or persons entitled

3 CFR Cum. the

upon date of this Act under the grant from the United States or successive Supp., p.510,

674. grants to the ownership, occupancy, or use of the land under applicable Federal .or State laws: Provided, however, That in cases where any such reservation on acquired lands of the United States has been heretofore released, remised, or quitclaimed subsequent to August 12, 1954, in reliance upon authority deemed to have been contained in the Atomic Energy Act of 1946, as amended, or the Atomic Energy Act of 1954, as heretofore amended, the same shall be valid and effective in all respects to the san'e extent as if public lands and not acquired lands had been involveri. The foregoing release shall be subject to any rights which may have been granted by the United States pursuant to any such reservation, but the releasees shall be subrogated to the rights of the United States."

Sec. 4. Section 123 c. of the Atomic Energy Act of 1954, as amended, International is amended by substituting a colon for the period at the end thereof agreements and adding the following: "Provided, however, That the Joint Com- for cooperamittee, after having received such agreement for cooperation, may by tion. resolution in writing waive the conditions of all or any portion of such

42 USC 2153. thirty-day period."

Sec. 5. Section 145 of the Atomic Energy Act of 1954, as amended, - 77 stat. 633. is amended by adding at the end thereof the following new subsection: 42 USC 2165.

"g. Whenever the Congress declares that a state of war exists, or Security in the event of a national disaster due to enemy attack, the Commission clearance is authorized during the state of war or period of national disaster in time of due to enemy attack to employ individuals and to permit individuals war. access to Restricted Data pending the investigation report, and determination required by section 145 b., to the extent that and so long as the Commission finds that such action is required to prevent impairment of its activities in furtherance of the common defense and security."

72 Stat. 632.

.

Compensation

Sec. 6. Section 161 d. of the Atomic Energy Act of 1954, as rates.

amended, is amended by adding after the word "responsibility” the 42 USC 2201. following sentence: "Such rates of compensation may be adopted by

the Commission as may be authorized by the Classification Act of 63 Stat. 954. 1949, as amended, as of the same date such rates are authorized for 5 USC 1071 positions subject to such Act." note.

Sec. 7. Section 161 of the Atomic Energy Act of 1954, as amended, 42 USC 2201.

is amended by adding the following new subsections: Succession

“t. establish a plan for a succession of authority, which will of authority.

assure the continuity of direction of the Commission's operations in the event of a national disaster due to enemy activity. Notwithstanding any other provision of this Act, the person or persons succeeding to command in the event of disaster in accordance with the plan established pursuant to this subsection shall be vested with all of the authority of the Commission: Provided, That any such succession to authority, and vesting of authority shall be effective only in the event and as long as a quorum of three or more members of the Commission is unable to convene and exercise direction during the disaster period: Provided further, That the disaster period includes the period when attack on the United States is imminent and the post-attack period necessary to reestablish normal lines of command;

“u. enter into contracts for the processing, fabricating, sepContracts.

arating, or refining in facilities owned by the Commission of source, byproduct or other material, or special nuclear material, in accordance with and within the period of an agreement for

cooperation while comparable services are available to persons 42 USC 103, 104.

licensed under section 103 or 104: Provided, That the prices for services under such contracts shall be no less than the prices currently charged by the Commission pursuant to section 161 m.;

“v. (1) enter into contracts for such periods of time as the Commission may deem necessary or desirable, but not to exceed five years from the date of execution of the contract, for the purchase or acquisition of reactor services or services related to or required by the operation of reactors;

'(2). (A) enter into contracts for such periods of time as the Commission may deem necessary or desirable for the purchase or acquisition of any supplies, equipment, materials, or services required by the Commission whenever the Commission determines that: (i) it is advantageous to the Government to make such purchase or acquisition from commercial sources; (ii) the furnishing of such supplies, equipment, materials, or services will require the construction or acquisition of special facilities by the vendors or suppliers thereof; (iii) the amortization chargeable to the Commission constitutes an appreciable portion of the cost of contract performance, excluding cost of materials; and (iv) the contract for such period is more advantageous to the Govern

ment than a similar contract not executed under the authority of 72 Stat. 634. this subsection. Such contracts shall be entered into for periods

not to exceed five years each from the date of initial delivery of such supplies, equipment, materials, or services or ten years from the date of execution of the contracts excluding periods of renewal under option.

"(B) In entering into such contracts the Commission shall be guided by the following principles: (i) the percentage of the total cost of special facilities devoted to contract performance and chargeable to the Commission should not exceed the ratio between the period of contract deliveries and the anticipated useful life of such special facilities; (ii) the desirability of ob

72 Stat. 633.

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