United States Code

EX. ORD. NO. 9816. TRANSFER OF PROPERTY AND PERSONNEL TO THE ATOMIC ENERGY COMMISSION

Ex. Ord. No. 9816, Dec. 31, 1946, 12 F. R. 37, provided: By virtue of the authority vested in me by the Constitution and the statutes, including the Atomic Energy Act of 1946 [this chapter], and as President of the United States and Commander in Chief of the Army and the Navy, it is hereby ordered and directed as follows:

1. There are transferred to the Atomic Energy Commission all interests owned by the United States or any Government agency in the following property:

(a) All fissionable material; all atomic weapons and parts thereof; all facilities, equipment, and materials for the processing, production, or utilization of fissionable material or atomic energy; all processes and technical information of any kind, and the source thereof (including data, drawings, specifications, patents, patent applications, and other sources) relating to the processing, production, or utilization of fissionable material or atomic energy; and all contracts, agreements, leases, patents, applications for patents, inventions and discoveries (whether patented or unpatented), and other rights of any kind concerning any such items.

(b) All facilities, equipment, and materials, devoted primarily to atomic energy research and development. 2. There also are transferred to the Atomic Energy Commission all property, real or personal, tangible or intangible, including records, owned by or in the possession, custody or control of the Manhattan Engineer District, War Department, in addition to the property described in paragraph 1 above. Specific items of such property, including records, may be excepted from transfer to the Commission in the following manner: (a) The Secretary of War shall notify the Commission in writing as to the specific items of property or records he wishes to except; and

(b) If after full examination of the facts by the Commission, it concurs in the exception, those specific items of property or records shall be excepted from transfer to the Commission; or

(c) If after full examination of the facts by the Commission, it does not concur in the exception, the matter shall be referred to the President for decision.

3. The Atomic Energy Commission shall exercise full jurisdiction over all interests and property transferred to the Commission in paragraphs 1 and 2 above, in accordance with the provisions of the Atomic Energy Act of 1946 [this chapter].

4. Any Government agency is authorized to transfer to the Atomic Energy Commission, at the request of the Commission, any property, real or personal, tangible or intangible, acquired or used by such Government agency in connection with any of the property or interests transferred to the Commission by paragraphs 1 and 2 above. 5. Each Government agency shall supply the Atomic Energy Commission with a report on, and an accounting and inventory of, all interests and property, described in paragraphs 1, 2 and 4 above, owned by or in the possession, custody, or control of such Government agency, the form and detail of such report, accounting and inventory, to be determined by mutual agreement, or, in case of nonagreement, by the Director of the Bureau of the Budget.

6. (a) There also are transferred to the Atomic Energy Commission, all civilian officers and employees of the Manhattan Engineer District, War Department, except that the Commission and the Secretary of War may by mutual agreement exclude any of such personnel from transfer to the Commission.

(b) The military and naval personnel heretofore assigned or detailed to the Manhattan Engineer District. War Department, shall continue to be made available to the Commission, for military and naval duty, in similar manner, without prejudice, to the military or naval status of such personnel, for such periods of time as may be agreed mutually by the Commission and the Secretary of War or the Secretary of the Navy.

7. The assistance and the services, personal or other, including the use of property, heretofore made available by any Government agency to the Manhattan Engineer District, War Department, shall be made available to the Atomic Energy Commission for the same purposes as

heretofore and under the arrangements now existing until terminated after 30 days notice given by the Commission or by the Government agency concerned in each

case.

8. The Commission is authorized to exercise all of the powers and functions vested in the Secretary of War by Executive Order No. 9001, of December 27, 1941, as amended [set out as a note under section 611 of Appendix to Title 50], in so far as they relate to contracts heretofore made by or hereby transferred to the Commission.

9. Such further measures and dispositions as may be determined by the Atomic Energy Commission and any Government agency concerned to be necessary to effectuate the transfers authorized or directed by this order shall be carried out in such manner as the Director of the Bureau of the Budget may direct and by such agencies as he may designate.

10. This order shall be effective as of midnight, December 31, 1946.

Ex. Ord. No. 9816, was amended by Ex. Ord. No. 11105, Apr. 18, 1963, 28 F.R. 3909, set out as a note under section 2313 of this title, to the extent that it may be inconsistent with Ex. Order No. 11105.

Ex. ORD. No. 9829. EXTENSION OF EXECUTIVE ORDER No. 9177 TO ATOMIC ENERGY COMMITTEE

Ex. Ord. No. 9829, Feb. 21, 1947, 12 F. R. 1259, provided: By virtue of the authority vested in me by the Constitution and laws of the United States, and particularly by Title I of the First War Powers Act, 1941, approved December 18, 1941 (55 Stat. 838) [sections 601-605 of Appendix to Title 50], and in the interest of the internal management of the Government, I hereby extend the provisions of Executive Order No. 9177 of May 30, 1942 (7 F. R. 4195) [set out as a note under section 601 of Appendix to Title 30], to the United States Atomic Energy Commission; and, subject to the limitations contained in that order, I hereby authorize the United States Atomic Energy Commission to perform and exercise all of the functions and powers vested in and granted to the Secretary of War, the Secretary of the Treasury, the Secretary of Agriculture, and the Reconstruction Finance Corporation by that order.

This order shall be applicable to articles entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 1947.

§ 2032. Members; appointment; terms; extraneous businesses.

(a) Members of the Commission shall be appointed by the President, by and with the advice and consent of the Senate. In submitting any nomination to the Senate, the President shall set forth the experience and qualifications of the nominee. The term of office of each member of the Commission taking office after June 30, 1950, shall be five years, except that (1) the terms of office of the members first taking office after June 30, 1950, shall expire, as designated by the President at the time of the appointment, one at the end of one year, one at the end of two years, one at the end of three years, one at the end of four years, and one at the end of five years, after June 30, 1950; and (2) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term. Any member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.

(b) No member of the Commission shall engage in any business, vocation, or employment other than that of serving as a member of the Commission. (Aug. 1, 1946, ch. 724, § 22, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 924, and amended Sept. 4, 1957, Pub. L. 85-287, § 1, 71 Stat. 612; Aug. 14, 1964, Pub. L. 88-426, title III, § 305(10) (A), 78 Stat. 423.)

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-426 repealed provisions which prescribed the compensation of the Chairman and members of the Commission. See section 2211 of Title 5, Executive Departments and Government Officers and Employees.

1957-Subsec. (a). Pub. L. 85-287 increased the compensation of members from $18,000 to $22,000 per annum, and that of the Chairman from $20,000 to $22,500 per

annum.

EFFECTIVE Date of 1964 AMENDMENT

Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Compensation of Chairman and members of Commission, see section 2211 of Title 5, Executive Departments and Government Officers and Employees.

§ 2033. Principal office.

The principal office of the Commission shall be in or near the District of Columbia, but the Commission or any duly authorized representative may exercise any or all of its powers in any place; however, the Commission shall maintain an office for the service of process and papers within the District of Columbia. (Aug. 1, 1946, ch. 724, § 23, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 925.)

EXPENSES FOR MOVE TO NEW PRINCIPAL OFFICE Section 109 of Pub. L. 85-162, title I, Aug. 21, 1957, 71 Stat. 407, as amended by Pub. L. 85-590, § 108, Aug. 4, 1958, 72 Stat. 493, provided that:

"(a) The Commission is authorized to use its funds for the following purposes in order to facilitate retention and relocation of Commission headquarters employees in the course of and following establishment of a new principal office outside the District of Columbia, and without limitation on the Commission's authority under existing law, as follows:

"(1) Allowance and payment for travel and transportation authorized by section 1 of the Administrative Expenses Act of 1946, as amended, [section 73b-1 of Title 5] in connection with the relocation of residence occurring after July 29, 1955, prior to the effective date of the employee's change of official station: Provided, however, That each employee who received payments under the Administrative Expenses Act of 1946, as amended, [sections 228, 55a, 73b to 73b-4, 77, 78, 95a, 116a, and 118g of Title 5, section 1645 of Title 19, section 529 of Title 31, section 5 of Title 41, and section 321 of Title 44] prior to his change of official station shall be obligated to reimburse the amount thereof to the Government as a debt due the United States if he separates from Commission employ, other than for reasons beyond his control or otherwise acceptable to the Commission, prior to the effective date of the employee's change of official station.

"(2) Until the move to the new principal office is effected, providing or arranging for commuting transportation to present Commission offices in Washington, District of Columbia, for employees, including those of other agencies who are assigned to full time duty at Commission headquarters, recruited from, or who have relocated their residences in, the area of the new headquarters, to the extent necessary and at such charge as to assure an adequate work force for the new principal office where this purpose cannot be achieved by ordinary transportation.

"(3) Following the move to the new principal office, providing or arranging for commuting transportation for Commission employees and employees of other agencies who are assigned to full time duty at Commission headquarters to and from the new headquarters site to the extent necessary and at such charge as to assure an adequate work force where this purpose cannot be achieved by ordinary transportation.

"(4) Funds in an amount not to exceed $210,000 are authorized for purposes of subsections (2) and (3).

"(b) Other departments and agencies of Government are authorized, without limitation upon their authority under existing law, to use funds available to them to make allowances and payments to their civilian officers and employees who are assigned to full time duty at Commission headquarters prior to the time of the move to the new principal office, such allowances and payments to be in accordance with the provisions of subsection a. (1) of this section."

§ 2034. General Manager, Deputy and Assistant General Managers.

There is established within the Commission(a) General Manager; chief executive officer; duties; appointment; removal.

a General manager, who shall be the chief executive officer of the Commission, and who shall discharge such of the administrative and executive functions of the Commission as the Commission may direct. The General Manager shall be appointed by the Commission, shall serve at the pleasure of the Commission, and shall be removable by the Commission.

(b) Deputy General Manager; duties; appointment; removal.

a Deputy General Manager, who shall act in the stead of the General Manager during his absence when so directed by the General Manager, and who shall perform such other administrative and executive functions as the General Manager shall direct. The Deputy General Manager shall be appointed by the General Manager with the approval of the Commission, shall serve at the pleasure of the General Manager, and shall be removable by the General Manager.

Assistant General Managers, or their equivalents (not to exceed a total of three positions), who shall perform such administrative and executive functions as the General Manager shall direct. They shall be appointed by the General Manager with the approval of the Commission, shall serve at the pleasure of the General Manager, and shall be removable by the General Manager. (Aug. 1, 1946, ch. 724, § 24, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 925, and amended Sept. 4, 1957, Pub. L. 85-287, § 2, 71 Stat. 612; Aug. 14, 1964, Pub. L. 88-426, title III, § 306(f) (1)—(3), 78 Stat. 429.)

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-426, § 306(f) (1), eliminated provisions which prescribed the compensation of the General Manager. See section 2211 of Title 5, Executive Departments and Government Officers and Employees.

Subsec. (b). Pub. L. 88-426, § 306 (f) (2), eliminated provisions which prescribed the compensation of the Deputy General Manager. See section 2211 of Title 5, Executive Departments and Government Officers and Employees.

Subsec. (c). Pub. L. 88-426, § 306(f) (3), eliminated provisions which prescribed the compensation of the Assistant General Managers. See section 2211 of Title 5, Executive Departments and Government Officers and Employees.

1957-Subsec. (a). Pub. L. 85-287 designated existing provisions as subsec. (a), designated the General Manager as the chief executive officer of the Commission, and increased his compensation from $20,000 to $22,000 per

annum.

Subsecs. (b) and (c). Pub. L. 85-287 added subsecs. (b) and (c).

EFFECTIVE DATE OF 1964 AMENDMENT Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees. CROSS REFERENCES

Compensation of General Manager, Deputy General Manager and Assistant General Managers, see section 2211 of Title 5, Executive Departments and Government Officers and Employees.

§ 2035. Divisions, offices, and positions.

There is established within the Commission

(a) Program divisions; appointment and duties of Directors.

a Division of Military Application and such other program divisions (not to exceed ten in number) as the Commission may determine to be necessary to the discharge of its responsibilities, including a division or divisions the primary responsibilities of which include the development and application of civilian uses of atomic energy. Each such division shall be under the direction of a Director who shall be appointed by the Commission. The Director of the Division of Military Application shall be an active member of the Armed Forces. The Commission shall require each such division to exercise such of the Commission's administrative and executive powers as the Commission may determine; (b) General Counsel.

an Office of the General Counsel under the direction of the General Counsel who shall be appointed by the Commission; and

an Inspection Division under the direction of a Director who shall be appointed by the Commission. The Inspection Division shall be responsible for gathering information to show whether or not the contractors, licensees, and officers and employees of the Commission are complying with the provisions of this chapter (except those provisions for which the Federal Bureau of Investigation is responsible) and the appropriate rules and regulations of the Commission.

(d) Executive management positions; appointment; removal

such other executive management positions (not to exceed six in number) as the Commission may determine to be necessary to the discharge of its responsibilities. Such positions shall be established by the General Manager with the approval of the Commission. They shall be appointed by the General Manager with the approval of the Commission, shall serve at the pleasure of the General Manager, and shall be removable by the General Manager. (Aug. 1, 1946, ch. 724, § 25 as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 925, and amended Sept. 4, 1957, Pub. L. 85-287, § 3, 71 Stat. 612; Aug. 14, 1964, Pub. L. 88-426, title III, § 306 (f) (4)—(7), 78 Stat. 429, 430.)

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-426, § 306(f) (4), eliminated provisions which prescribed the compensation of directors of program divisions.

Subsec. (b). Pub. L. 88-426, § 306(f) (5), eliminated provisions which prescribed the compensation of the General Counsel. See section 2211 of Title 5, Exceutive Departments and Government Officers and Employees.

Subsec. (c). Pub. L. 88-426, § 306 (f) (6), eliminated provisions which prescribed the compensation of the Director of the Inspection Division.

Subsec. (d). Pub. L. 88-426, § 306 (f) (7), eliminated provisions which prescribed the compensation of the executive management positions.

1957-Pub. L. 85-287 substituted "Divisions, offices, and positions" for "Divisions and offices" in the catchline. Subsec. (a) Pub. L. 85-287 increased the compensation of the Director from $16,000 to $19,000 per annum. Subsec. (b). Pub. L. 85-287 increased the compensation of the General Counsel from $16,000 to $19,500 per

annum.

Subsec. (c). Pub. L. 85-287 increased the compensation of the Director from $16,000 to $19,000 per annum.

Subsec. (d) Pub. L. 85-287 added subsec. (d). EFFECTIVE DATE OF 1964 AMENDMENT

Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501 (c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

§ 2036. General Advisory Committee; composition; tenure; meetings; compensation.

There shall be a General Advisory Committee to advise the Commission on scientific and technical matters relating to materials, production, and research and development, to be composed of nine members, who shall be appointed from civilian life by the President. Each member shall hold office for a term of six years, except that (a) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term; and (b) the terms of office of the members first taking office after August 1, 1946, shall expire, as designated by the President at the time of appointment, three at the end of two years, three at the end of four years, and three at the end of six years, after August 1, 1946. The Committee shall designate one of its own members as ChairThe Committee shall meet at least four times in every calendar year. The members of the Committee shall receive a per diem compensation for each day spent in meetings or conferences, and all members shall receive their necessary traveling or other expenses while engaged in the work of the Committee. (Aug. 1, 1946, ch. 724, § 26, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 926.)

man.

§ 2037. Military Liaison Committee; composition; duties; authority of Defense Department. There is established a Military Liaison Committee consisting of

(a) a Chairman, who shall be the head thereof and who shall be appointed by the President, by and with the advice and consent of the Senate, who shall serve at the pleasure of the President; and

(b) a representative or representatives from each of the Departments of the Army, Navy, and Air Force, in equal numbers, as determined by the Secretary of Defense, to be assigned from each Department by the Secretary thereof, and who will serve without additional compensation.

The Chairman of the Committee may designate one of the members of the Committee as Acting Chairman to act during his absence. The Commission shall advise and consult with the Department of Defense, through the Committee, on all atomic energy matters which the Department of Defense deems to relate to military applications of atomic weapons or atomic energy including the development, manufacture, use, and storage of atomic weapons, the allocation of special nuclear material for military research, and the control of information relating to the manufacture or utilization of atomic weapons; and shall keep the Department of Defense, through the Committee, fully and currently informed of all such matters before the Commission. The Department of Defense, through the Committee, shall keep the Commission fully and currently informed on all matters within the Department of Defense which the Commission deems to relate to the development or application of atomic energy. The Department of Defense, through the Committee, shall have the authority to make written recommendations to the Commission from time to time on matters relating to military applications of atomic energy as the Department of Defense may deem appropriate. If the Department of Defense at any time concludes that any request, action, proposed action, or failure to act on the part of the Commission is adverse to the responsibilities of the Department of Defense, the Secretary of Defense shall refer the matter to the President whose decision shall be final. (Aug. 1, 1946, ch. 724, § 27, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 926, and amended Aug. 14, 1964, Pub. L. 88-426, title III, § 305 (10) (B), 78 Stat. 423.)

AMENDMENTS

1964 Subsec. (a). Pub. L. 88-426 repealed provisions which directed that the Chairman shall receive compensation at the rate prescribed for an Assistant Secretary of Defense. See section 2211 of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE Date of 1964 AMENDMENT

CROSS REFERENCES

Compensation of Chairman of Committee, see section 2211 of Title 5, Executive Departments and Government Officers and Employees.

§ 2038. Appointment of Army, Navy, or Air Force officer as Director of Division of Military Application; Chairman of Military Liaison Committee; compensation.

Notwithstanding the provisions of any other law, any active officer of the Army, Navy, or Air Force may serve as Director of the Division of Military Application without prejudice to his commissioned status as such officer. Any such officer serving as Director of the Division of Military Application shall receive in addition to his pay and allowances, including special and incentive pays, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation established for this position pursuant to section 2211 or 2213 or Title 5. Notwithstanding the

provisions of any other law, any active or retired officer of the Army, Navy, or Air Force may serve as Chairman of the Military Liaison Committee without prejudice to his active or retired status as such officer. Any such active officer serving as Chairman of the Military Liaison Committee shall receive, in addition to his pay and allowances, including special and incentive pays, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation fixed for such Chairman. Any such retired officer serving as Chairman of the Military Liaison Committee shall receive the compensation fixed for such Chairman and his retired pay, subject to section 3102 of Title 5. (Aug. 1, 1946, ch. 724, § 28, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 926, and amended Aug. 14, 1964, Pub. L. 88-426, title III, § 306(f) (8), 78 Stat. 430; Aug. 19, 1964, Pub. L. 88448, title IV, § 401 (f), 78 Stat. 490.)

AMENDMENTS

1964-Pub. L. 88-448 substituted provisions permitting a retired officer serving as Chairman of the Military Liaison Committee to receive the compensation fixed for such Chairman and his retired pay, subject to section 3102 of Title 5, for provisions which permitted a retired officer serving as Chairman to receive in addition to his retired pay, an amount equal to the difference between his retired pay and the compensation prescribed for the Chair

man.

Pub. L. 88-426 substituted "and the compensation established for this position pursuant to section 2211 or 2213 of Title 5" for "and the compensation prescribed in section 2035 of this title."

EFFECTIVE DATE OF 1964 AMENDMENTS

Amendment of section by Pub. L. 88-448 effective on the first day of the first month which begins later than the ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88-448, set out as a note under section 3101 of Title 5, Exceutive Departments and Government Officers and Employees.

Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Exceutive Departments and Government Officers and Employees.

§ 2039. Advisory Committee on Reactor Safeguards; composition; tenure; duties; compensation.

There is established an Advisory Committee on Reactor Safeguards consisting of a maximum of fifteen members appointed by the Commission for terms of four years each. The Committee shall review safety studies and facility license applications referred to it and shall make reports thereon, shall advise the Commission with regard to the hazards of proposed or existing reactor facilities and the adequacy of proposed reactor safety standards, and shall perform such other duties as the Commission may request. One member shall be designated by the Committee as its Chairman. The members of the Committee shall receive a per diem compensation for each day spent in meetings or conferences, or other work of the Committee, and all members shall receive their necessary traveling or other expenses while engaged in the work of the Committee. The provisions of section 2203 of this title shall be applicable to the Committee. (Aug. 1, 1946, ch. 724, § 29, as added Sept. 2, 1957, Pub. L. 85-256, § 5, 71 Stat. 579.)

SUBCHAPTER III.-RESEARCH

PRIOR PROVISIONS

Provisions similar to those comprising this subchapter were contained in section 3 of act Aug. 1, 1946, ch. 724, 60 Stat. 758 (formerly classified to section 1803 of this title) prior to the complete amendment and renumbering of act Aug. 1, 1946 by act Aug. 30, 1954, 9:44 a. m., E. D. T., ch. 1073, 68 Stat. 921.

§ 2051. Research assistance; fields covered; conditions. (a) The Commission is directed to exercise its powers in such manner as to insure the continued conduct of research and development and training activities in the fields specified below, by private or public institutions or persons, and to assist in the acquisition of an ever-expanding fund of theoretical and practical knowledge in such fields. To this end the Commission is authorized and directed to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities relating to

(1) nuclear processes;

(2) the theory and production of atomic energy, including processes, materials, and devices related to such production;

(3) utilization of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes;

(4) utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial uses, the generation of usable energy, and the demonstration of the practical value of utilization or production facilities for industrial or commercial purposes; and

(5) the protection of health and the promotion of safety during research and production activities.

(b) The Commission is further authorized to make grants and contributions to the cost of construction and operation of reactors and other facilities and other equipment to colleges, universities, hospitals, and eleemosynary or charitable institutions for the conduct of educational and training activities relating to the fields in subsection (a) of this section.

(c) The Commission may (1) make arrangements pursuant to this section, without regard to the provisions of section 5 of Title 41, upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable; (2) make partial and advance payments under such arrangements; and (3) make available for use in connection therewith such of its equipment and facilities as it may deem desirable.

(d) The arrangements made pursuant to this section shall contain such provisions (1) to protect health, (2) to minimize danger to life or property, and (3) to require the reporting and to permit the inspection of work performed thereunder, as the Commission may determine. No such arrangement shall contain any provisions or conditions which prevent the dissemination of scientific or technical information, except to the extent such dissemination

is prohibited by law. (Aug. 1, 1946, ch. 724, § 31, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 927, and amended Aug. 6, 1956, ch. 1015, §§ 2, 3, 70 Stat. 1069.)

AMENDMENTS

1956 Subsec. (a). Act Aug. 6, 1956, § 2, inserted the words "and training" after the word "development" in the first sentence.

Subsec. (b). Act Aug. 6, 1956, § 3, added subsec. (b) and redesignated former subsecs. (b) and (c), as subsecs. (c) and (d).

Subsecs. (c) and (d). Act Aug. 6, 1956, § 3, redesignated former subsecs. (b) and (c) as (c) and (d).

§ 2052. Research by the Commission.

The Commission is authorized and directed to conduct, through its own facilities, activities and studies of the types specified in section 2051 of this title. (Aug. 1, 1946, ch. 724, § 32, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 928.)

§ 2053. Same; research for others; charges.

Where the Commission finds private facilities or laboratories are inadequate to the purpose, it is authorized to conduct for other persons, through its own facilities, such of those activities and studies of the types specified in section 2051 of this title as it deems appropriate to the development of atomic energy. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of such activities and studies. (Aug. 1, 1946, ch. 724, § 33, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 928.)

SUBCHAPTER IV.-PRODUCTION OF SPECIAL

NUCLEAR MATERIAL

§ 2061. Production facilities. (a) Ownership.

The Commission, as agent of and on behalf of the United States, shall be the exclusive owner of all production facilities other than facilities which (1) are useful in the conduct of research and development activities in the fields specified in section 2051 of this title, and do not, in the opinion of the Commission, have a potential production rate adequate to enable the user of such facilities to produce within a reasonable period of time a sufficient quantity of special nuclear material to produce an atomic weapon; or (2) are licensed by the Commission pursuant to section 2133 or 2134 of this title. (b) Operation of Commission's facilities.

The Commission is authorized and directed to produce or to provide for the production of special nuclear material in its own production facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special nuclear material in facilities owned by the Commission to the extent that the production of such special nuclear material may be incident to the conduct of research and development activities under such contracts. Any contract entered into under this section shall contain provisions (1) prohibiting the contractor from subcontracting any part of the

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United States Code, Volume 9