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SENATE
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REPORT
No. 870
U52
A45

1959
MENTS TO THE ATOMIC ENERGY ACT OF 1954,
AS AMENDED, WITH RESPECT TO COOPERATION WITH
STATES
1
SEPTEMBER 1 (legislative day, August 31), 1959.—Ordered to be printed
Mr. ANDERSON, from the Joint Committee on Atomic Energy
submitted the following
REPORT
[To accompany S. 2568]
The Joint Committee on Atomic Energy, having considered S. 2568,
an original committee bill to amend the Atomic Energy Act of 1954,
as amended, with respect to cooperation with States, report favorably
thereon with amendments and recommend that the bill as amended
do pass.
The amendments to the bill adopted by the Joint Committee are as
follows:
1. On page 3, line 6, strike out the words "and license".
2. On page 3, line 17, after the word "production", strike out the
word "of" and insert in lieu thereof the word "or".
3. On page 5, line 1, strike out the word "three" and insert in lieu
thereof the word “four”.
4. On page 5, strike out all of lines 6 through 17, and on line 18
renumber clause (3) as clause (2).
5. On page 6, line 10, strike out all after "h.", strike out all of lines
11 through 20, and in line 21, strike out the words "radiation hazards
and standards” and the period, and insert in lieu thereof the following
words:
There is hereby established a Federal Radiation Council,
consisting of the Secretary of Health, Education, and Wel-
fare, the Chairman of the Atomic Energy Commission, the
Secretary of Defense, the Secretary of Commerce, the Secre-
tary of Labor, or their designees, and such other members as
shall be appointed by the President. The Council shall con-
sult qualified scientists and experts in radiation matters,
including the President of the National Academy of Sciences,
the Chairman of the National Committee on Radiation Pro-

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ANN ARBOR, MICHIGAN 48105
}

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2 AMEND THE ATOMIC ENERGY ACT-COOPERATION WITH STATES
tection and Measurement, and qualified experts in the field
of biology and medicine and in the field of health physics.
052 6. On page 8, line 6, strike out all after "k.", strike out all of lines 7
A45 through 13, and in line 14 strike out the word "regulations" and the
1959 period.
EXPLANATION OF COMMITTEE AMENDMENTS
The amendments adopted by the committee are all minor or tech-
nical in nature, and are not intended to change the basic purposes and
objectives of the bill as proposed by the Atomic Energy Commission.
Amendment No. 1, in subsection b., strikes out the words "and
license" after the word "regulate". The words "and license" were not
considered necessary because, as used elsewhere in the bill, the word
"regulate" includes the licensing function. Thus, for reasons of con-
sistency, the words "and license" in this subsection were deleted as
being unnecessary.
Amendment No. 2 corrects a typographical error in changing the
word "of" to the word "or".
Amendment No. 3, in clause (1) of subsection e., requires that the
terms of a proposed agreement and proposed exemptions shall be
published in the Federal Register each week for 4 consecutive weeks,
rather than 3, in order that all interested persons, including State
officials and the general public, may be fully informed and have oppor-
tunity to comment to the Commission.
Amendment No. 4 deleted clause (2) of subsection e., which would
have provided a 45-day review period by the Joint Committee on
Atomic Energy of any proposed agreement or amendment. The
Commission has the responsibility, under section 202 of the Atomic
Energy Act, of keeping the Joint Committee "fully and currently
informed." Under section 202, it is intended that the Commission
shall inform the committee of all pending agreements with individual
States, including the proposed certifications and findings under sub-
section d. as to the adequacy of State programs, as well as operations
under agreements after they may become effective. The Joint Com-
mittee does not consider it necessary to provide for formal review of
each individual proposed agreement or amendment, but does believe
it important that the committee be kept fully informed by the Com-
mission of the operations under the provisions of this bill.
Amendment No. 5 in subsection h. amends the composition of the
Federal Radiation Council in the bill, as introduced, in certain re-
spects. First, it substitutes the Secretary of Health, Education, and
Welfare for the Surgeon General as a member of the Council. The
Department of Health, Education, and Welfare includes both the
Public Health Service, under the Surgeon General, and the Federal
Food and Drug Administration, which also has an interest in radiation
matters. It is intended that the Secretary will receive advice from
both of these agencies. The Secretary may, of course, if he so desires,
designate the Surgeon General to serve on the Council as his designee.
As amended, subsection h. names five members of the Council;
namely, the Secretary of Health, Education, and Welfare, the Chair-
man of the Atomic Energy Commission, the Secretary of Defense,
the Secretary of Commerce, and the Secretary of Labor, or their
designees, and such other members as shall be appointed by the
President. It provides that the Council shall consult qualified scien-
2
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AMEND THE ATOMIC ENERGY ACT-COOPERATION WITH STATES 3.
tists and experts in radiation matters, including the President of the
National Academy of Sciences, the Chairman of the National Com-
mittee on Radiation Protection and Measurement, and qualified
experts in the field of biology and medicine and in the field of health
physics. In this manner, persons named in the statute are all ap-
pointees of the President, and members of the President's official
family, nd the President may appoint additional members, including
representatives of the public, and State or local agencies. The bill
emphasizes that the Council shall consult qualified scientists and
obtain their advice before advising the President on radiation matters.
The Joint Committee was informed that subsection h., as amended,
would meet with no objections by the Director of the Bureau of the
Budget or the Secretary of the Department of Health, Education,
and Welfare.
Amendment No. 6 deletes the first sentence of subsection k. as
unnecessary. As explained in more detail subsequently in this
report, the Commission_now regulates and licenses the materials
covered by the Atomic Energy Act (byproduct, source, and special
nuclear materials) to protect against radiation hazards. With or
without this sentence, in order for a State to so regulate or license
such materials, it must first establish an adequate program for this
purpose and enter into an agreement with the Commission.
SUMMARY OF BILL
This bill, including the minor amendments approved by the Joint
Committee, contains the principal provisions of its predecessor, S.
1987, as proposed by the Atomic Energy Commission, and introduced
by Senator Anderson (by request) on May 19, 1959. The objectives
of the predecessor bill were explained by the letter dated May 13,
1959, to Chairman Anderson from A. R. Luedecke, General Manager
of the AEC, as follows:
Essentially, the objectives of this proposed bill are to pro-
vide procedures and criteria whereby the Commission may
"turn over" to individual States, as they become ready,
certain defined areas of regulatory jurisdiction. Certain
areas, as to which interstate, national, or international con-
siderations may be paramount, would be excluded. In
addition, certain areas would be excluded because the tech-
nical safety considerations are of such complexity that it is
not likely that any State would be prepared to deal with
them during the foreseeable future.
To assist the States to prepare themselves for assuming
independent regulatory jurisdiction, the new bill (like the
1957 bill) specifically authorizes the Commission to provide
training and other services to State officials and employees
and to enter into agreements with the States under which
the latter may perform inspections and other functions
cooperatively with the Commission.
The bill includes criteria which would need to be met before
the Commission could turn over any of its responsibilities to
a State; and provisions pursuant to which the Commission
might reassert its authority. The bill provides that the
Commission may, upon request of the Governor or upon its
..
2
4 AMEND THE ATOMIC ENERGY ACT-COOPERATION WITH STATES
•
own initiative, terminate or suspend its agreement with the
State and reassert its regulatory authority if the Commission
finds that such termination or suspension is required to pro-
tect public health and safety. Opportunity for hearing is
provided.
The bill also contains specific provisions designed to re-
move doubt as to the relative responsibilities of the Com-
mission and the States ***
In summary, the principal provisions of the bill authorize the Com-
mission to withdraw its responsibility for regulation of certain ma-
terials principally radioisotopes-but not over more hazardous
activities such as the licensing and regulation of reactors. The bill
requires compatibility of Federal and State radiation standards, and
authorizes programs to assist the States to assume independent regula-
tory jurisdiction.
This bill, as amended by the Joint Committee, contains all the prin-
cipal provisions, and is intended to accomplish the objectives of the
bill proposed by the Commission. In addition, it contains certain
revisions made by the Joint Committee as follows:
First, the bill has been redrafted by the Joint Committee to make it
clear that it does not attempt to regulate materials which the AEC
does not now regulate under the Atomic Energy Act of 1954. Such
other sources such as X-ray machines and radium also present sub-
stantial radiation hazards, but have been for many years the responsi-
bility of the States, the Public Health Service, or other agencies.
Secondly, as a drafting change, subsection b. in the bill as originally
proposed by AEC (S. 1987) contained two clauses-(1) and (2). Be-
cause of their substantive importance, these clauses were redrafted as
subsections b. and c., and certain other subsections renumbered
accordingly.
Thirdly, subsection h., added by this bill, establishes a Federal
Radiation Council to advise the President on radiation matters,
similar to the Council recently established by Executive order.
It does modify the basic functions of the Council, but increases its
membership from four to five members, including the Secretary of
Labor, and provides that the Council shall consult qualified Scientists
and experts in radiation matters.
Fourth, a sentence was added by the Joint Committee in new
subsection i., pertaining to training and assistance, that in providing
assistance to the States, the Commission shall take into account the
additional expenses that may be incurred by the State as a conse-
quence of the State's entering into an agreement with the Commission.
In summary, this bill provides the basic authorization requested
by the Commission, and also incorporates certain additional features
considered desirable by the committee, after hearings and careful
consideration of all the provisions of the bill.
BACKGROUND
The need for an amendment to the Atomic Energy Act of 1954
with respect to Federal-State cooperation, and to permit increased
participation by the States, has been a subject of concern to the
members of the Joint Committee since passage of that act in 1954.
In 1956 and 1957, bills were introduced by Senator Anderson and
AMEND THE ATOMIC ENERGY ACT COOPERATION WITH STATES 5
Congressman Durham, and the AEC also submitted to the Joint
Committee in 1957 a proposed bill to amend the Atomic Energy Act
of 1954 with respect to Federal-State cooperation. S. 4298, 84th
Congress, 2d session, introduced by Senator Anderson in 1956, would
have authorized the Commission to enter into compacts or agreements
"delineating the separate responsibilities" of the AEC and the States
with respect to the health and safety aspects of activities licensed
under the act, and to transfer to States such regulatory authority as
it finds them competent to assume. H.R. 8676, 84th Congress, 2d
session, introduced by Congressman Durham in 1956, would have
directed the AEC to transfer jurisdiction over health and safety in
areas in which a Governor certifies that his State has a competent
agency, with 6 months after receiving such certification.
The AEC-proposed bill, forwarded to the Joint Committee in late
June 1957, would have authorized concurrent radiation safety stand-
ards to be enforced by the States "not in conflict" with those of the
AEC. It provided that the States might adopt, inspect against, and
enforce radiation standards for the protection of health and safety in
areas regulated by AEC. Thus, the bill proposed by the AEC in 1957
would have permitted dual regulation by both Federal and State
Governments of byproduct, source, and special nuclear materials for
protection against radiation hazards.
At the conclusion of the 85th Congress, the chairman and the vice
chairman of the Joint Committee instructed the staff to make a study
of existing laws and regulations, at the Federal, State, and local level
in the atomic energy field in preparation for hearings by the Joint
Committee on Federal-State Cooperation in the spring of 1959.
Accordingly, the Joint Committee staff, with the assistance of an
informal advisory panel, studied the matter thoroughly and collected
materials published in March 1959 as a 520-page Joint Committee
print entitled "Selected Materials on Federal-State Cooperation in the
Atomic Energy Field." The committee print included special reports
requested by Senator Anderson from various Federal agencies, sum-
maries of the activities of State and local governments, and certain
nongovernmental organizations. It also reprinted excerpts from
articles and materials on Federal-State relationships in the atomic
energy field, including a report prepared by the Council of State
Governments entitled "Intergovernmental Relationships in the Fields
Other Than Atomic Energy.
37
As background for the hearings on Federal-State cooperation, the
Joint Committee held two prior sets of hearings as follows:
1. From January 28 to February 3, 1959, the Special Subcommittee
on Radiation of the Joint Committee held public hearings on indus-
trial radioactive waste disposal. Representatives from both Federal
and State agencies presented statements on their activities in regulat-
ing or handling radioactive waste materials.
2. From March 10 to 18, 1959, the Subcommittee on Research and
Development held public hearings on employee radiation hazards and
workmen's compensation. Witnesses from Federal and State agencies,
as well as nongovernmental organizations, testified during these
hearings.
In order to inform all State Governors of the plans of the Joint
Committee and the hearings which led to this bill, Chairman Anderson
and Vice Chairman Durham, and three other ranking members of the
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6 AMEND THE ATOMIC ENERGY ACT—COOPERATION WITH STATES
committee (Senator Hickenlooper, Congressman Van Zandt, and
Congressman Holifield as chairman of the Subcommittee on Legisla-
tion) sent a letter on February 11, 1959, to each Governor of the
then 49 States. Subsequently, copies of the Joint Committee print
on "Selected Materials on Federal-State Cooperation in the Atomic
Energy Field" and "Selected Materials on Employee Radiation
Hazards and Workmen's Compensation" were also sent to each Gov-
ernor, as well as to all other persons on the Joint Committee mailing
list, and other interested persons.
Át the request of the Joint Committee, the Commission, on March
5, 1959, forwarded to the Joint Committee a proposed bill for the
purposes of inclusion in the Joint Committee print, and the Joint
Committee scheduled hearings to be held in May 1959. On May 13,
1959, the Commission formally transmitted its proposal to amend the
Atomic Energy Act with respect to cooperation with States, which
was identical to the March 5 version, except for minor revisions.
This bill was introduced (by request) by Senator Anderson as S. 1987-
and by Congressman Durham as H.R. 7214.
From May 19 to 22, 1959, the Joint Committee held hearings, as
summarized below in the next section of this report. Thereafter,
it was announced that the Bureau of the Budget was coordinating
a study within the executive branch concerning allocation of radiation
control responsibilities among Federal agencies and transfer of func-
tions to States, and the committee deemed it advisable to take no further
action on the bills until the results of such study were announced.
On August 14, the White House issued a press release announcing
establishment of a Federal Radiation Council, and stating, in addi-
tion, as follows:
In addition, the President approved a series of recom-
mendations to be carried out upon enactment of proposed
legislation endorsed by the administration (S. 1987 and H.R.
7214) under which certain regulatory responsibilities of the
Atomic Energy Commission will be transferred to the States
by agreement with the Commission as the States equip
themselves to assume them. The recommendations were
that-
(a) The Atomic Energy Commission have the principal
Federal responsibility for preparing the States for the
proposed transfer of certain of its regulatory responsibilities.
(b) The training programs necessary for such transfer
be financed and planned by the Commission, and in order to
make maximum use of existing facilities and competence,
such programs be conducted under cooperative arrange-
ments between the Atomic Energy Commission and the
Department of Health, Education, and Welfare.
(c) At the termination of this special training program any
training of State personnel be conducted within the con-
tinuing programs of the Department of Health, Education,
and Welfare and other Federal agencies.
(d) The Department of Health, Education, and Welfare
continue as the Federal focal point for guidance and assistance
to the States with respect to contamination by and biological
effects from radiation sources not now under control of the
Commission.
AMEND THE ATOMIC ENERGY ACT COOPERATION WITH STATES 7
After announcement of the August 14, 1959, Executive order which
established the Federal Radiation Council, and reaffirmed the ad-
ministration's support of S. 1987 and H.R. 7214, Senator Anderson
introduced on August 19, 1959, this bill as S. 2568, to incorporate
the principal provisions of S. 1987, plus certain other provisions,
including recognition of the Federal Radiation Council. On the next
day, August 20, 1959, Congressman Durham introduced an identical
bill as H.R. 8755. On August 26, 1959, the committee received
comments from the AEC on S. 2568 and H.R. 8755. The committee
met to consider the bills in executive meetings on August 26 and 31,
1959, and voted to report the bills out, with certain minor amendments
as summarized in this report.
HEARINGS
From May 19 to 22, 1959, the Joint Committee held public hearings
on the bills proposed by AEC, and on the subject of Federal-State
cooperation in the atomic energy field. Testimony was received from
the following persons and organizations:
May 19, 1959
Dr. G. Hoyt Whipple, University of Michigan
Dr. Lauriston Taylor, chairman, National Committee on Radiation
Protection and Measurement
Commissioner John S. Graham, U.S. Atomic Energy Commission
Dr. Charles H. Dunham, U.S. Atomic Energy Commission
Dr. Joseph Lieberman, U.S. Atomic Energy Commission
Mr. Oscar S. Smith, U.S. Atomic Energy Commission
Mr. Curtis A. Nelson, U.S. Atomic Energy Commission
Mr. Harold Price, U.S. Atomic Energy Commission
Dr. Clifford Beck, U.S. Atomic Energy Commission
Dr. David Price, U.S. Public Health Service
Dr. Francis J. Weber, U.S. Public Health Service

May 20, 1959
Gov. Robert E. Smylie of Idaho
Mr. Lee Hydeman, University of Michigan Law School
Dr. W. L. Wilson, State of Texas
Dr. Morris Kleinfeld, State of New York
Mr. P. W. Jacoe, State of Colorado
Dr. Maurice B. Visscher, State of Minnesota
Mr. Harold Sandbank, American Municipal Association
May 21, 1959
Commissioner John S. Graham, U.S. Atomic Energy Commission
Mr. Robert Lowenstein, U.S. Atomic Energy Commission
Dr. John D. Porterfield, U.S. Public Health Service
Dr. Francis J. Weber, Ú.S. Public Health Service
Mr. Jo M. Ferguson, Association of Attorneys General
Mr. Charles F. Schwan, Council of State Governments
Mr. Frank Norton, Southern Governors Conference
Mr. Raymond I. Rigney, representing the Governor of Massa-
chusetts
Mr. Clement R. Bassett, representing the Governor of West Virginia
Mr. Karl R. Allen and Mr. George Kinsman, representing the
Governor of the State of Florida
:
8 AMEND THE ATOMIC ENERGY ACT COOPERATION WITH STATES
May 22, 1959
Mr. John Curran, AFL-CIO
Mr. Leonard English, Firefighters Union
Mr. Frank Norton, Southern Governors Conference
Mr. William McAdams, U.S. Chamber of Commerce
Mr. Oliver Townsend, Atomic Energy Coordinator, State of New
York
Mr. William Berman and Mr. Lee Hydeman, University of Michigan
Mr. Otto Christenson, Conference of State Manufacturers Asso-
ciation
Prof. George Frampton, University of Illinois Law School
Dr. Roy Cleere, Colorado Department of Health
Mr. Leo Goodman, United Automobile Workers
In addition the Joint Committee received comments from the AEC
concerning possible revisions to the bill at a hearing on August 26,
1959.
COMMENTS BY THE JOINT COMMITTEE
1. This proposed legislation is intended to clarify the responsibilities
of the Federal Government, on the one hand, and State and local
governments, on the other, with respect to the regulation of byproduct,
source, and special nuclear materials, as defined in the Atomic Energy
Act, in order to protect the public health and safety from radiation
hazards. It is also intended to increase programs of assistance and
cooperation between the Commission and the States so as to make it
possible for the States to participate in regulating the hazards asso-
ciated with such materials.
2. The approach of the bill is considered appropriate, in the opinion
of the Joint Committee, for several reasons:
A
(a) The approach is on a State-by-State basis. It authorizes the
Commission to enter into agreements with Governors of individual
States, after proper certifications and findings by both the Governor
and the Commission as to the adequacy of the State's program.
few States have indicated they will be ready in the near future to
begin discussions leading to an agreement to assume regulatory re-
sponsibility for such materials. Others will not be ready without
more effort, more assistance, and more experience for several, or-per-
haps many, years. The bill does not authorize a wholesale relinquish-
ment or abdication by the Commission of its regulatory responsibilities
but only a gradual, carefully considered turnover, on a State-by-State
basis, as individual States may become qualified.
(b) The bill applies to some, but not all, atomic energy activities
now regulated exclusively by AEC. It applies principally to radio-
isotopes, whose use and present licensing by AEC is widespread, but
whose hazard is local and limited. Moreover, the radiation hazard
from radioisotopes has similarities to that from other radiation sources
already regulated by States such as X-ray machines and radium.
Licensing and regulation of more dangerous activities such as nuclear
reactors will remain the exclusive responsibility of the Commission.
Thus a line is drawn between types of activities deemed appropriate
for regulation by individual States at this time, and other activities
where continued AEC regulation is necessary.
(c) The bill authorizes increased training and assistance to States,
and thus enhances the protection of the public health and safety, be-
AMEND THE ATOMIC ENERGY ACTCOOPERATION WITH STATES 9
cause most citizens look to their local health officers for advice and pro-
tection against hazardous materials used in the community. The
capacity of such officials to control hazards from byproduct, source,
and special nuclear materials would be increased by the training and
programs of assistance authorized under this bill. Presumably the
capacity of such officials to deal with other materials already under
their responsibility-such as X-ray machines and radium-would also
be increased, thus further protecting the public health and safety.
3. It is not intended to leave any room for the exercise of dual or
concurrent jurisdiction by States to control radiation hazards by regu-
lating byproduct, source, or special nuclear materials. The intent is
to have the material regulated and licensed either by the Commission,
or by the State and local governments, but not by both. The bill is
intended to encourage States to increase their knowledge and capaci-
ties, and to enter into agreements to assume regulatory responsibilities
over such materials.
4. The bill authorizes the Commission to provide training and other
services to State officials and employees and to enter into agreements
with the State under which the latter may perform inspections and
other functions cooperatively with the Commission. By these means,
it is intended to assist the States to prepare themselves for assuming
independent regulatory jurisdiction.
5. The Joint Committee believes it important to emphasize that
the radiation standards adopted by States under the agreements of
this bill should either be identical or compatible with those of the
Federal Government. For this reason the committee removed the
language "to the extent feasible" in subsection g. of the original AEC
bill considered at hearings from May 19 to 22, 1959. The com-
mittee recognizes the importance of the testimony before it by numer-
ous witnesses of the dangers of conflicting, overlapping, and incon-
sistent standards in different jurisdictions, to the hindrance of industry
and jeopardy of public safety.
6. The bill establishes, in subsection h., a Federal Radiation Council
to advise the President with respect to radiation matters. It is hoped
that this Council will assist in obtaining uniformity of basic standards
among Federal agencies, as well as in programs of cooperation with
States. The Council, as established in the bill, increases the member-
ship from four to five, including the original four members and the
Secretary of Labor, or their designees, and such other members as
shall be appointed by the President. The President, if he deems it
appropriate, may appoint representatives of the public, or State or
local agencies. The bill provides that the Council shall consult
qualified scientists and experts in radiation matters, including the
President of the National Academy of Sciences, the Chairman of the
National Committee on Radiation Protection and Measurement, and
qualified experts in the field of biology and medicine, and in the field
of health physics.
7. The bill recognizes that this is interim legislation. The com-
mittee believes that the uses of atomic energy will be so widespread
in future years that States should continue to prepare themselves for
increased responsibilities.
1
10 AMEND THE ATOMIC ENERGY ACTCOOPERATION WITH STATES
SECTION-BY-SECTION ANALYSIS
Section 1 of this bill adds a new section 274 to the Atomic Energy
Act of 1954, as amended, with respect to cooperation with States.
The recommended new section 274 consists of subsections a. through
n., each of which will be briefly summarized below.
Subsection a. sets forth the purpose of the new section 274. As
redrafted by the committee, the purpose is clearly limited to the
materials already regulated by the Commission under the Atomic
Energy Act of 1954; namely, byproduct, source, and special nuclear
materials. The purpose, as redrafted by the committee, also provides
for coordination of the development of radiation standards for the
guidance of Federal agencies and cooperation with States, and
recognizes that this is interim legislation in that, as the States im-
prove their capabilities, additional legislation may be needed, perhaps
in approximately 5 years.
Subsection b. is the principal substantive section of the bill. It au-
thorizes the Commission to enter into agreements with Governors of
individual States providing for discontinuance of the regulatory source
material, and special nuclear materials, in quantities not sufficient to
form a critical mass. During the duration of such an agreement, it is
recognized that the State shall have the authority to regulate such
materials for the protection of the public health and safety from radia-
tion hazards. Prior to such an agreement, the Commission has the
responsibility for the regulation of such materials. Subsection b. per-
mits the Commission to discontinue its authority and encourages
States, when qualified, to assume the responsibility. The hazards
from the types of materials encompass by far the greatest part of the
Commission's present licensing and regulatory activities. They are
areas which are susceptible to regulation by the States, after the
State has established a program for the control of radiation hazards.
Subsection b. provides that so long as the agreement is in effect the
State shall have regulatory authority over these materials.
Subsection c. of the bill excludes certain areas from an agreement
under subsection b. between the Commission and the Governor of a
State. These are areas which, because of their special hazards, or
for reasons of Federal responsibility, are believed desirable for con-
tinued responsibility by the Commission. They include the con-
struction and operation of production or utilization facilities, includ-
ing reactors; the export or import of such materials or facilities;
the disposal into the ocean or sea of such materials; and the disposal
of such other materials as the Commission determines because of
hazards or potential hazards should not be disposed of without a
license from the Commission. The last sentence of subsection c.
provides that the Commission, notwithstanding any agreement under
subsection b., is authorized to require that the manufacturer, processor,
or producer of any equipment device, commodity, or other product
containing such materials shall not transfer possession or control of
such products, except pursuant to an AEC license. The Commission,
in its section-by-section analysis of the bill, forwarded by the May 13,
1959 letter, explained the purpose of this sentence as follows:
The controls which would be exercised by the Commission
under this provision would apply only to "transfer of posses-
sion or control" by the "manufacturer, processor, or pro-
AMEND THE ATOMIC ENERGY ACTCOOPERATION WITH STATES 11
ducer." The Commission would not be authorized under
this provision to regulate any radiation hazards which might
arise during manufacture, transportation, or use of a product.
Under the provision, the Commission will be in a position
to assure that articles containing byproduct, source, or
special nuclear material will not be distributed unless they
meet the Commission's minimum safety requirements, in-
cluding appropriate manufacturing and processing specifica-
tions and labeling requirements. Manufacturers of such
devices as gages, luminous markers, radiograph and tele-
therapy devices, electronic tubes, and so forth sell their
products throughout the United States and in many foreign
countries. It is important to assure that controls with
respect to such products should be uniform and should be
uniformly applied.
There is an additional reason why it is important for the
Commission to continue the exercise of control over the dis-
tribution of articles containing source, byproduct, or special
nuclear material. As the supply of such radioactive ma-
terials, particularly byproduct materials, increases, there
may be increasing proposals by manufacturers and processors
to incorporate such materials in articles (such as consumer
products) that receive widespread distribution. Although
it is not a present problem, the extent to which the wide-
spread distribution of radioactive materials should be per-
mitted in this country may in the foreseeable future present
questions of public policy which can be resolved, and the
hazards controlled, only at the Federal level.
Subsection d. provides for certification by the Governor, and a
finding by the Commission, before any agreement may be entered into.
It is intended to protect the public health and safety by assuring that
the State program is adequate before the Commission may withdraw
its regulatory responsibilities.
Subsection e. provides for publication in the Federal Register of
such proposed agreements or exemptions, and provides an opportunity
for comment by interested persons.
Subsection f. authorizes the Commission to grant exemptions from
the licensing requirements.
Subsection g. provides that the Commission is authorized and di-
rected to cooperate with the States in the formulation of standards
for the protection of public health and safety from radiation hazards
and to assure that State and Commission programs for protection
against radiation hazards will be coordinated and compatible. In
most cases, it is intended that State and local standards should be
the same as Federal standards in order to avoid conflict, duplication,
or gaps.
Subsection h. establishes a Federal Radiation Council, consisting
of nine members. The first seven are identified in the bill. By the
use of the words "or their designees," it is indicated that qualified
subordinates, particularly those with technical competence, may serve
on the Council. The Federal Radiation Council was recently estab-
lished by Executive order of the President. It is not intended to
interfere with the functions of the Council as established, but to
recognize it by statute, add the Secretary of Labor, provide for con-
A
12 AMEND THE ATOMIC ENERGY ACT COOPERATION WITH STATES
sultation with scientific experts, and authorize it to advise as to pro-
grams of cooperation with States. As in the Executive order, it
provides that the Council shall advise the President with respect to
certain radiation matters, including guidance for all Federal agencies
in the formulation of basic radiation standards and in the establish-
ment and execution of programs of cooperation with States. It is
provided that the Council shall also perform such other functions as
the President may assign to it by Executive order.
Subsection i. provides that the Commission is authorized to provide
training with or without charge, and such other assistance to employees
of any State or political subdivision thereof, or groups of States, as
the Commission deems appropriate. The last sentence added by the
Joint Committee, after hearings, provides that any such assistance
shall take into account the additional expenses that may be incurred
by the State as the consequence of the State entering into an agreement
with the Commission. It is not intended that a cash grant shall be
provided to pay for the administration of State regulatory programs.
It is anticipated that training, consulting, and similar arrangements
may be made by the Commission to reimburse State or State employ-
ees for expenses, or pay salaries of such employees while associated
with the AEC.
1
Subsection j. of the bill provides that the Commission, upon its own
initiative after reasonable notice and opportunity for hearings, or upon
request of the Governor of a State, may terminate or suspend its
agreement with the State and reassert the licensing and regulatory
authority vested in the Commission under the Atomic Energy Act, if
the Commission finds that such termination or suspension is required
to protect the public health and safety. This provision represents a
reserve power, to be exercised only under extraordinary circumstances.
Subsection k. provides that nothing in the new section 274 shall be
construed to affect the authority of any State or local agency to regu-
late activities for purposes other than protection against radiation
hazards. This subsection is intended to make it clear that the bill
does not impair the State authority to regulate activities of AEC
licensees for the manifold health, safety, and economic purposes other
than radiation protection. As indicated elsewhere, the Commission
has exclusive authority to regulate for protection against radiation
hazards until such time as the State enters into an agreement with
the Commission to assume such responsibility.
Subsection 1. provides appropriate recognition of the interest of
the States in activities which are continued under Commission author-
ity. Thus, the Commission is required to give prompt notice to the
States of the filing of license applications and to afford reasonable
opportunity for State representatives to offer evidence, interrogate
witnesses, and advise the Commission as to the application.
Subsection m. of the bill is the same as subsection c. of the original
AEC bill and is designed to make it clear that the bill does not affect
the Commission's authority under the Atomic Energy Act to issue.
appropriate rules, regulations, or orders to protect the common
defense and security, to protect restricted data, and to guard against
the loss or diversion of special nuclear materials.
Subsection n. defines the term "State" as meaning any State,
Territory, or possession of the United States, the Canal Zone, Puerto
Rico, and the District of Columbia. In addition, it is understood that
r
.
AMEND THE ATOMIC ENERGY ACT COOPERATION WITH STATES. 13
the term "Governor" means the chief executive officer of any such
entity.
Section 2 of the bill amends section 108 of the Atomic Energy Act
of 1954, by deleting the phrase "distributed under the provisions of
subsection 53a." from the second sentence. The purpose of this
amendment is to assure that the authority of the Commission to recap-
ture special nuclear material whenever the Congress declares that a
state of war or national emergency exists, shall not be impaired by
reason of the Commission's having entered into an agreement with
the Governor of any State.
CHANGES IN EXISTING LAW
In accordance with subsection 4 of rule XXIX of the Standing
Rules of the Senate, changes in existing law recommended by the bill
accompanying this report are shown as follows (deleted matter is
shown in black brackets and new matter is printed in italic):
PUBLIC LAW 83-703
THE ATOMIC ENERGY ACT OF 1954, AS AMENDED
*
*
*
*
*
"SEC. 108. WAR OR NATIONAL EMERGENCY.-Whenever the Con-
gress declares that a state of war or national emergency exists, the
Commission is authorized to suspend any licenses granted under this
Act if in its judgment such action is necessary to the common defense
and security. The Commission is authorized during such period, if the
Commission finds it necessary to the common defense and security, to
order the recapture of any special nuclear material [distributed under
the provisions of subsection 53 a.,] or to order the operation of any
facility licensed under section 103 or 104, and is authorized to order
the entry into any plant or facility in order to recapture such material,
or to operate such facility. Just compensation shall be paid for any
damages caused by the recapture of any special nuclear material or
by the operation of any such facility.
*
*
*
*
"SEC. 274. COOPERATION WITH STATES.-
"a. It is the purpose of this section
*
*
"(1) to recognize the interests of the States in the peaceful uses of
atomic energy, and to clarify the respective responsibilities under
this Act of the States and the Commission with respect to the regu-
lation of byproduct, source, and special nuclear materials;
"(2) to recognize the need, and establish programs for, coopera-
tion between the States and the Commission with respect to control
of radiation hazards associated with use of such materials;
"(3) to promote an orderly regulatory pattern between the Com-
mission and State governments with respect to nuclear development
and use and regulation of byproduct, source, and special nuclear
materials;
"(4) to establish procedures and criteria for discontinuance of
certain of the Commission's regulatory responsibilities with respect to
byproduct, source, and special nuclear materials, and the assump-
tion thereof by the States;
14 AMEND THE ATOMIC ENERGY ACTCOOPERATION WITH STATES,
“(5) to provide for coordination of the development of radiation
standards for the guidance of Federal agencies and cooperation with
the States; and
"(6) to recognize that, as the States improve their capabilities to
regulate effectively such materials, additional legislation may be
desirable.
"b. Except as provided in subsection c., the Commission is authorized
to enter into agreements with the Governor of any State providing for dis-
continuance of the regulatory authority of the Commission under chapters
6, 7, and 8, and section 161 of this Act, with respect to any one or more of
the following materials within the State-
"(1) byproduct materials;
""
(2) source materials;
(3) special nuclear materials in quantities not sufficient to form
a critical mass.
During the duration of such an agreement it is recognized that the State
shall have authority to regulate the materials covered by the agreement for
the protection of the public health and safety from radiation hazards.
"c. No agreement entered into pursuant to subsection b. shall provide
for discontinuance of any authority and the Commission shall retain
authority and responsibility with respect to regulation of
"(1) the construction and operation of any production or utiliza-
tion facility;
"(2) the export from or import into the United States of byproduct,
source, or special nuclear material, or of any production or utilization
facility;
"(3) the disposal into the ocean or sea of byproduct, source, or
special nuclear waste materials as defined in regulations or orders of
the Commission;
"(4) the disposal of such other byproduct, source, or special
nuclear material as the Commission determines by regulation or
order should, because of the hazards or potential hazards thereof, not
be so disposed of without a license from the Commission. Notwith-
standing any agreement between the Commission and any State
pursuant to subsection b., the Commission is authorized by rule,
regulation, or order to require that the manufacturer, processor, or
producer of any equipment, device, commodity, or other product
containing source, byproduct, or special nuclear material shall not
transfer possession or control of such product except pursuant to
a license issued by the Commission.
"d. The Commission shall enter into an agreement under subsection
b. of this section with any State if-
"(1) the Governor of that State certifies that the State has a pro-
gram for the control of radiation hazards adequate to protect the public
health and safety with respect to the materials within the State covered
by the proposed agreement, and that the State desires to assume regu-
latory responsibility for such materials; and
"(2) the Commission finds that the State program is compatible
with the Commission's program for the regulation of such materials,
and that the State program is adequate to protect the public health
and safety with respect to the materials covered by the proposed
agreement.
"e. (1) Before any agreement under subsection b. is signed by the
Commission, the terms of the proposed agreement and of proposed
AMEND THE ATOMIC ENERGY ACT-COOPERATION WITH STATES 15
exemptions pursuant to subsection f. shall be published once each week
for four consecutive weeks in the Federal Register; and such opportunity
for comment by interested persons on the proposed agreement and exemp-
tions shall be allowed as the Commission determines by regulation or
order to be appropriate.
"(2) Each proposed agreement shall include the proposed effective ·
date of such proposed agreement _or_exemptions. The agreement and
exemptions shall be published in the Federal Register within thirty days
after signature by the Commission and the Governor.
"f. The Commission is authorized and directed, by regulation or
order, to grant such exemptions from the licensing requirements contained
in chapters 6, 7, and 8, and from its regulations applicable to licensees
as the "Commission finds necessary or appropriate to carry out any agree-
ment entered into pursuant to subsection b. of this section.
"g. The Commission is authorized and directed to cooperate with the
States in the formulation of standards for protection against hazards of
radiation to assure that State and Commission programs for protection
against hazards of radiation will be coordinated and compatible.
"h. There is hereby established a Federal Radiation Council, consisting
of the Secretary of Health, Education, and Welfare, the Chairman of the
-Atomic Energy Commission,
the Secretary of Defense, the Secretary of
Commerce, the Secretary of Labor, or their designees, and such other
members as shall be appointed by the President. The Council shall con-
sult qualified scientists and experts in radiation matters, including the
President of the National Academy of Sciences, the Chairman of the
National Committee on Radiation Protection and Measurement, and
qualified experts in the field of biology and medicine and in the field of
health physics. The Special Assistant to the President for Science and
Technology, or his designee, is authorized to attend meetings, participate
in the deliberations of, and to advise the Council. The Chairman of the
Council shall be designated by the President, from time to time, from
among the members of the Council. The Council shall advise the Presi-
dent with respect to radiation matters, directly or indirectly affecting
health, including guidance for all Federal agencies in the formulation of
radiation standards and in the establishment and execution of programs
of cooperation with States. The Council shall also perform such other
functions as the President may assign to it by Executive order.
"i. The Commission in carrying out its licensing and regulatory re-
sponsibilities under this Act is authorized to enter into agreements with
any State, or group of States, to perform inspections or other functions
on a cooperative basis as the Commission deems appropriate. The Com-
mission is also authorized to provide training, with or without charge, to
employees of, and such other assistance to, any State or political subdi-
vision thereof or group of States as the Commission deems appropriate.
Any such provision or assistance by the Commission shall take into
account the additional expenses that may be incurred by a State as a
consequence of the State's entering into an agreement with the Commission
pursuant to subsection b.
"j. The Commission, upon its own initiative after reasonable notice
and opportunity for hearing to the State with which an agreement under
subsection b. has become effective, or upon request of the Governor of such
State, may terminate or suspend its agreement with the State and reassert
the licensing and regulatory authority vested in it under this Act, if the

16 AMEND THE ATOMIC ENERGY ACT COOPERATION WITH STATES
Commission finds that such termination or suspension is required to
protect the public health and safety.
"k. Nothing in this section shall be construed to affect the authority of
any State or local agency to regulate activities for purposes other than
protection against radiation hazards.
"1. With respect to each application for Commission license authorizing
an activity as to which the Commission's authority is continued pursuant
to subsection c., the Commission shall give prompt notice to the State or
States in which the activity will be conducted of the filing of the license
application; and shall afford reasonable opportunity for State representa-
tives to offer evidence, interrogate witnesses, and advise the Commission
as to the application without requiring such representatives to take a
position for or against the granting of the application.
"m. No agreement entered into under subsection b., and no exemption
granted pursuant to subsection f., shall affect the authority of the "Com-
mission under subsection 161 b. or i. to issue rules, regulations, or orders
to protect the common defense and security, to protect restricted data or to
guard against the loss or diversion of special nuclear material. For
purposes of subsection 161i., activities covered by exemptions granted
pursuant to subsection f. shall be deemed to constitute activities authorized
pursuant to this Act; and special nuclear material acquired by any person.
pursuant to such an exemption shall be deemed to have been acquired
pursuant to section 53.
"n. As used in this section, the term 'State' means any State, Territory,
or possession of the United States, the Canal Zone, Puerto Rico, and the
District of Columbia."
О
UNIVERSITY OF MICHIGAN
3 9015 00130 6128
7/

ERRATA SHEET
The following corrections should be
made to Senate Report No. 870, 86th
Congress, 1st Session, on S. 2568:
On page 4, in the fifth full para-
graph, second sentence, add the word
not" after the word "does" so that
the sentence reads as follows:
"It does not modify the basic functions
of the Council, but increases its member-
ship from four to five members, including
the Secretary of Labor, and provides that
the Council shall consult qualified
scientists and experts in radiation matters."
(Emphasis added)
On page 11, in the last paragraph,
modify and consolidate the first two
sentences into one sentence to read as
follows:
"Subsection h. establishes a Federal
Radiation Council consisting of five
members, and such other members as
shall be appointed by the President.
11