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Talline COMMENTS ON PROPOSED AMENDMENT TO - AST ATOMIC ENERGY ACT Companion bills to amend the Atomic Energy Act of 1946 introduced on July 7 by Senator McMahon in the Senate (s. 2215) and Representative Durham in the House (H.R. 5534) contain the following provision: "Any other provision in this Act to the contrary not- thstanding, the authorization of Congress shall be required with respect to the programs set forth in the annual Atomic Energy Commission budget and with respect to the total amount of money and contract authorization annually requested (includ- ing deficiency budget requests as they may arise) before the appropriation of any funds for the Commission's use shall be authorized. For purposes of this section, the word 'program shall mean any general or substantial activity, project, or operation undertaken or to be undertaken in accordance with the provisions of this Act." This provision appears to require the authorization of Congress, before the appropriation of any funds for the Commission's use may be made, with respect to: (1) The programs (as defined in the bill) set forth in the annual Atomic Energy Commission budget, and (2) The total amount of money and contract authorization annually requested (including deficiency budget requests as they may arise), Since the passage of the Atomic Energy Act about three years ago, the basic continuing authority for the atomic energy program has been in the Act itself. The Commission has gone to Congress annually for the appropriation to carry out the authorizations contained in the Act. The proposed legislation would, in addition, require an annual congressional approval of the Commission's programs. When the McMahon Act was passed, the Congress recognized the unpre- cedented, unpredictable, and complex character of the atomic energy program and, accordingly, gave the Executive Branch of the Government broad

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