Ch. 15 NATIONAL SECURITY Tit. 50, § 403 or any branch, bureau, unit or division thereof, or with respect to any of the personnel (military or civilian) of any of the foregoing. (2) Except as provided in paragraph (1) of this subsection, the appointment to the office of Director of a commissioned officer of the armed services, and his acceptance of and service in such office, shall in no way affect any status, office, rank, or grade he may occupy or hold in the armed services, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade. Any such commissioned officer shall, while serving in the office of Director, receive the military pay and allowances (active or retired, as the case may be) payable to a commissioned officer of his grade and length of service and shall be paid, from any funds available to defray the expenses of the Agency, annual compensation at a rate equal to the amount by which $16,000 exceeds the amount of his annual military pay and allowances. Termination of employment of officers and employees; (c) Notwithstanding the provisions of section 652 of Title 5, or the provisions of any other law, the Director of Central Intelligence may, in his discretion, terminate the employment of any officer or employee of the Agency whenever he shall deem such termination necessary or advisable in the interests of the United States, but such termination shall not affect the right of such officer or employee to seek or accept employment in any other department or agency of the Government if declared eligible for such employment by the United States Civil Service Commission. Powers and duties (d) For the purpose of coordinating the intelligence activities of the several Government departments and agencies in the interest of national security, it shall be the duty of the Agency, under the direction of the National Security Council (1) to advise the National Security Council in matters concerning such intelligence activities of the Government departments and agencies as relate to national security; (2) to make recommendations to the National Security Council for the coordination of such intelligence activities of the departments and agencies of the Government as relate to the national security; (3) to correlate and evaluate intelligence relating to the national security, and provide for the appropriate dissemination of such intelligence within the Government using where appropriate existing agencies and facilities: Provided, That the Agency shall have no police, subpena; law-enforcement powers, or internal-security functions: Provided further, That the departments and other agen Tit. 50, § 403 WAR AND NATIONAL DEFENSE Ch. 15 cies of the Government shall continue to collect, evaluate, correlate, and disseminate departmental intelligence: And provided further, That the Director of Central Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure; (4) to perform, for the benefit of the existing intelligence agencies, such additional services of common concern as the National Security Council determines can be more efficiently accomplished centrally; (5) to perform such other functions and duties related to intelligence affecting the national security as the National Security Council may from time to time direct. Inspection of intelligence of other departments (e) To the extent recommended by the National Security Council and approved by the President, such intelligence of the departments and agencies of the Government, except as hereinafter provided, relating to the national security shall be open to the inspection of the Director of Central Intelligence, and such intelligence as relates to the national security and is possessed by such departments and other agencies of the Government, except as hereinafter provided, shall be made available to the Director of Central Intelligence for correlation, evaluation, and dissemination: Provided, however, That upon the written request of the Director of Central Intelligence, the Director of the Federal Bureau of Investigation shall make available to the Director of Central Intelligence such information for correlation, evaluation, and dissemination as may be essential to the national security. Termination of National Intelligence Authority; transfer of (f) Effective when the Director first appointed under subsection (a) of this section has taken office (1) the National Intelligence Authority (11 Fed. Reg. 1337, 1339, February 5, 1946) shall cease to exist: and (2) the personnel, property, and records of the Central Intelligence Group are transferred to the Central Intelligence Agency, and such Group shall cease to exist. Any unexpended balances of appropriations, allocations, or other funds available or authorized to be made available for such Group shall be available and shall be authorized to be made available in like manner for expenditure by the Agency. July 26, 1947, c. 343, Title I, § 102, 61 Stat. 497; Oct. 15, 1949, c. 695, § 4, 63 Stat. 880. Ch. 8 EXPLOSIVES; MANUFACTURE, DISTRIBUTION Tit. 50, § 126 transferred to the Attorney General, with rwer vested in him to authorize their rformance or the performance of any of his functions by any of such officers, ncies, and employees, by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 FR. 3173, 64 Stat. 1201, set out in note der section 201 of Title 5, Executive ¡partments and Government Officers and Employees. The Federal Bureau of Investigation, referred to in this ection, is a bureau of the Department of Justice. Exception from transfer of functions. Functions of the Civil Aeronautics Board, referred to in this section, were not included in the functions of officers, agencies and employees of the Department of Commerce which were transferred to the Secretary of Commerce by 1950 Reorg. Plan No. 5, § 1, eff. May 24, 1950, 15 F.R. 3174, 6 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees. § 124. Same; exceptions in case of mines, quarries, etc. A superintendent, foreman, or other duly authorized employee at a mine, quarry, or other work, may, when licensed so to do, sell or issue to any employee under him such amount of explosives or ingredients as may be required by that employee in the performance of his duties. The employee may purchase or accept the explosives or inFredients so sold or issued, but the person so selling or issuing the same shall see that any unused explosives or ingredients are returned and that no explosives or ingredients are taken by the employee to any point not necessary to the carrying on of his duties. Oct. 6, 1917, c. 83, § 4, 40 Stat. 386; Dec. 26, 1941, c. 633, § 2, 55 Stat. 864. Historical Note 1941 Amendment. Amendment by Act Dec. 26, 1941, cited to text, generally, see note under section 121 of this title. Prior to amendment by Act Dec. 26, 1911, cited to text, provisions on this sub ject were contained in section 5 of Ac Oct. 6, 1917, also cited. Provisions on the subject of former section 4 of the latter Act are now contained in section 121 of this title. § 125. Application of prohibitory provisions; manufacture for, sale to, or possession by military or naval service Historical Note Codification. Section, which was part of section 2 of Act Oct. 6, 1917, c. 83, be fore amendment by Act Dec. 26, 1941, c. 633, 2, 55 Stat. 803, is now covered by Bection 123 of this title. 126. Records by licensees of disposition of explosives or ingredients Each person licensed to sell, issue, or otherwise dispose of explosives or ingredients shall keep a complete, itemized, and accurate record showing each person to whom and the purpose for which explosives or ingredients are sold, issued, or otherwise disposed of; the quantity and kind of explosives or ingredients sold, issued, or otherwise disposed of; and the date of such sale, issuance, or other disposition, and such other information as the Director by regulation may require. The record shall be sworn to and furnished to the Director or his authorized representatives whenever requested. Oct. 6, 1917, c. 83, § 5, 40 Stat. 386; Dec. 26, 1941, c. 633, § 2, 55 Stat. 864. PUBLIC LAW 95-604-NOV. 8, 1978 of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (e) The Commission, in cooperation with the Secretary, shall ensure that any relevant information, other than trade secrets and other proprietary information otherwise exempted from mandatory disclosure under any other provision of law, obtained from the conduct of each of the remedial actions authorized by this title and the subsequent perpetual care of those residual radioactive materials is documented systematically, and made publicly available conveniently for use. ACTIVE OPERATIONS; LIABILITY FOR REMEDIAL ACTION 92 STAT. 3033 42 USC 7925. 42 USC 2011 note. 42 USC 2021. SEC. 115. (a) No amount may be expended under this title with respect to any site licensed by the Commission under the Atomic Energy Act of 1954 or by a State as permitted under section 274 of such Act at which production of any uranium product from ores (other than from residual radioactive materials) takes place. (b) In the case of each processing site designated under this title, Study. the Attorney General shall conduct a study to determine the identity and legal responsibility which any person (other than the United States, a State, or Indian tribe) who owned or operated or controlled (as determined by the Attorney General) such site before the date of the enactment of this Act may have under any law or rule of law for reclamation or other remedial action with respect to such site. The Attorney General shall publish the results of such study, and provide copies thereof to the Congress, as promptly as practicable following the date of the enactment of this Act. The Attorney General, based on such study, shall, to the extent he deems it appropriate and in the public interest, take such action under any provision of law in effect when uranium was produced at such site to require payment by such person of all or any part of the costs incurred by the United States for such remedial action for which he determines such person is liable. TITLE II-URANIUM MILL TAILINGS LICENSING AND SEC. 201. Section 11e. of the Atomic Energy Act of 1954, is amended 42 USC 2014. to read as follows: "e. The term 'byproduct material' means (1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material, and (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content." CUSTODY OF DISPOSAL SITE SEC. 202. (a) Chapter 8 of the Atomic Energy Act of 1954, is amended by adding the following new section at the end thereof: "SEC. 83. OWNERSHIP AND CUSTODY OF CERTAIN BYPRODUCT MATERIAL AND DISPOSAL SITES.— "a. Any license issued or renewed after the effective date of this section under section 62 or section 81 for any activity which results in the production of any byproduct material, as defined in section 11e. "Byproduct 42 USC 2111 et seq. 42 USC 2113. 42 USC 2002, 2111. 42 USC 2014. 92 STAT. 3034 42 USC 2014. Rule, regulation or order. PUBLIC LAW 95-604-NOV. 8, 1978 (2), shall contain such terms and conditions as the Commission determines to be necessary to assure that, prior to termination of such license "(1) the licensee will comply with decontamination, decommissioning, and reclamation standards prescribed by the Commission for sites (A) at which ores were processed primarily for their source material content and (B) at which such byproduct material is deposited, and "(2) ownership of any byproduct material, as defined in section 11 e. (2), which resulted from such licensed activity shall be transferred to (A) the United States or (B) in the State in which such activity occurred if such State exercises the option under subsection b. (1) to acquire land used for the disposal of byproduct material. Any license in effect on the date of the enactment of this section shall either contain such terms and conditions on renewal thereof after the effective date of this section, or comply with paragraphs (1) and (2) upon the termination of such license, whichever first occurs. "(b) (1) (A) The Commission shall require by rule, regulation, or order that prior to the termination of any license which is issued after the effective date of this section, title to the land, including any interests therein (other than land owned by the United States or by a State) which is used for the disposal of any byproduct material, as defined by section 11 e. (2), pursuant to such license shall be transferred to "(A) the United States, or "(B) the State in which such land is located, at the option of such State. "(2) Unless the Commission determines prior to such termination that transfer of title to such land and such byproduct material is not necessary or desirable to protect the public health, safety, or welfare or to minimize or eliminate danger to life or property. Such determination shall be made in accordance with section 181 of this Act. Notwithstanding any other provision of law or any such determination, such property and materials shall be maintained pursuant to a license issued by the Commission pursuant to section 84 (b) in such manner as will protect the public health, safety, and the environment. "(B) If the Commission determines by order that use of the surface or subsurface estates, or both, of the land transferred to the United States or to a State under subparagraph (A) would not endanger the public health, safety, welfare, or environment, the Commission, pursuant to such regulations as it may prescribe, shall permit the use of the surface or subsurface estates, or both, of such land in a manner consistent with the provisions of this section. If the Commission permits such use of such land, it shall provide the person who transferred such land with the right of first refusal with respect to such use of such land. "(2) If transfer to the United States of title to such byproduct material and such land is required under this section, the Secretary of Energy or any Federal agency designated by the President shall, following the Commission's determination of compliance under subsection c., assume title and custody of such byproduct material and land transferred as provided in this subsection. Such Secretary or Federal agency shall maintain such material and land in such manner as will protect the public health and safety and the environment. Such |