Page images
PDF
EPUB

APPENDIX 4

THE ATOMIC ENERGY ACT OF 1946 1

WITH AMENDMENTS THROUGH THE EIGHTY-THIRD CONGRESS

(1ST SESS.)

AN ACT For the development and control of atomic energy

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

DECLARATION OF POLICY

SECTION 1. (a) FINDINGS AND DECLARATION.-Research and experimentation in the field of nuclear chain reaction have attained the stage at which the release of atomic energy on a large scale is practical. The significance of the atomic bomb for military purposes is evident. The effect of the use of atomic energy for civilian purposes upon the social, economic, and political structures of today cannot now be determined. It is a field in which unknown factors are involved. Therefore, any legislation will necessarily be subject to revision from time to time. It is reasonable to anticipate, however, that tapping this new source of energy will cause profound changes in our present way of life. Accordingly, it is hereby declared to be the policy of the people of the United States that, subject at all times to the paramount objective of assuring the common defense and security, the development and utilization of atomic energy shall, so far as practicable, be directed toward improving the public welfare, increasing the standard of living, strengthening free competition in private enterprise, and promoting world peace.

(b) PURPOSE OF ACT.-It is the purpose of this Act to effectuate the policies set out in section 1 (a) by providing, among others, for the following major programs relating to atomic energy:

(1) A program of assisting and fostering private research and development to encourage maximum scientific progress;

(2) A program for the control of scientific and technical information which will permit the dissemination of such information to encourage scientific progress, and for the sharing on a reciprocal basis of information concerning the practical industrial application of atomic energy as soon as effective and enforceable safeguards against its use for destructive purposes can be devised;

(3) A program of federally conducted research and development to assure the Government of adequate scientific and technical accomplishment;

(4) A program for Government control of the production, ownership, and use of fissionable material to assure the common defense and security and to insure the broadest possible exploitation of the fields; and

(5) A program of administration which will be consistent with the foregoing policies and with international arrangements made by the United States, and which will enable the Congress to be currently informed so as to take further legislative action as may hereafter be appropriate.

The Atomic Energy Act of 1946 (Public Law 585, 79th Cong., 60 Stat. 755-75, 42 U.S.C. 1801-19). (For legislative history index to Public Law 585, 79th Cong., see index to S. 1717 in appendix 5.)

1

ORGANIZATION

SEC. 2. (a) ATOMIC ENERGY COMMISSION.—

(1) There is hereby established an Atomic Energy Commission (herein called the Commisson), which shall be composed of five members. Three members shall constitute a quorum of the Commission. The President shall designate one member as Chairman of the Commission.

(2) 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 the qualifications of the nominee. The term of office of each member of the Commission taking office prior to June 30, 1950, shall expire at midnight on June 30, 1950. The term of office of each member of the Commission taking office after June 30, 1950, shall be five years, except that (A) 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 (B) 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. Each member, except the Chairman, shall receive compensation at the rate of $18,000 per annum; and the Chairman shall receive compensation at the rate of $20,000 per annum. No member of the Commission shall engage in any other business, vocation, or employment than that of serving as a member of the Commission."

(3) The principal office of the Commission shall be in the District of Columbia, but the Commission or any duly authorized representative may exercise any or all of its powers in any place. The Commission shall hold such meetings, conduct such hearings, and receive such reports as may be necesary to enable it to carry out the provisions of this Act.

(4) There are hereby established within the Commission

(A) a General Manager, 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 Commissions, shall serve at the pleasure of the Commission, shall be removable by the Commission, and

The provision of sec. 2 (a) (2) (42 U.S.C. 1802) was amended on July 3, 1948. by Public Law 898, 80th Cong. (62 Stat. 1259) to read as shown above in italics. (See S. 2589 (Apr. 30, 1948) and S. Rept. 1342 (May 17, 1948) and minority views (May 24, 1948); see also H.R. 6402 (Apr. 30, 1948) and H. Rept. 1973 (May 18, 1949) and minority views (May 24, 1948).) (For legislative history index to Public Law 898, 80th Cong., see index to H.R. 6402 in appendix_5.)

The provision of sec. 2 (a) (2) (42 U.S.C. 1802) was amended on Sept. 23, 1950, by Public Law 820, 81st Cong. (64 Stat. 979) to read as shown above in italics. (See S. 3437 (Apr. 17, 1950) and C. Rept. 2493 (Aug. 30, 1950); see also H.R. 8103 (Apr. 19, 1950).) For legislative history index to Public Law 820, 81st Cong., see index to S. 3437, In appendix 5.)

In the basic Atomic Energy Act (Public Law 585, 79th Cong.. 60 Stat. 755-775; 42 U.S.C. 1801-1819) sec. 2 (a) (2), read as shown below. The language subsequently changed by Public Law 898 and Public Law 820 is shown in italics.

"(2) 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 the qualifications of the nominee. The term of office of each member of the Commission taking office prior to the expiration of two years after the date of enactment of this Act shall expire upon the expiration of such two years. The term of office of each member of the Commission taking office after the expiration of two years from the date of enactment of this Act shall be five years, except that (A) the terms of office of the members first taking office after the expiration of two years from the date of enactment of this Act shall expire, as designated by the President at the time of appointment, one at the end of three years, one at the end of four years, one at the end of five years, one at the end of six years, and one at the end of seven years, after the date of enactment of this Act; and (B) any member appointed to fill a vacancy occurring prior to 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. Each member, except the Chairman, shall receive compensation at the rate of $15,000 per annum; and the Chairman shall receive compensation at the rate of $17,500 per annum. No member of the Commission shall engage in any other business, vocation, or employment than that of serving as a member of the Commission."

shall receive compensation at a rate fixed in the Commission's discretion but not to exceed $20,000 per annum.3

(B) 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. Each division shall be under the direction of a Director who shall be appointed by the Commission and shall be compensated at a rate determined by the Commission, but not in excess of $16,000 per annum. The Director of the Division of Military Application shall be a member of the Armed Forces. The Commission shall require each such division to exercise such of the Commission's powers as the Commission may determine.*

(b) GENERAL ADVISORY COMMITTEE.-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 (1) 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 (2) the terms of office of the members first taking office after the date of the enactment of this Act 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 the date of the enactment of this Act. The Committee shall designate one of its own members as Chairman. The Committee shall meet at least four times in every calendar year. The members of the Committee shall receive a per diem compensation of $50 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.

(c) MILITARY LIAISON COMMITTEE.-There shall be a Military Liaison Committee consisting of a Chairman, who shall be the head thereof, and of a representative or representatives of the Departments of the Army, Navy, and Air Force, detailed or assigned thereto, without additional compensation, in such number as the Secretary of Defense may determine. Representatives from each of the three Departments shall be designated by the respective Secretaries of the Army, Navy, and Air Force. The Committee Chairman shall be appointed by the President, by and with the advice and consent of the Senate, and shall

The language of sec. 2(a) (4) (A) (42 U.S.C. 1802) which was amended on September 23, 1950, by Public Law 820, 81st Cong. (64 Stat. 979) is shown above in italics. (See S. 3437 (Apr. 17, 1950) and S. Rept. 2493 (Aug. 30, 1950); see also H.R. 8103 (Apr. 19, 1950).) (For legislative history index to Public Law 820, 81st Cong., see index to 8. 8487 in appendix 5.)

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. 755-775, 42 U.S.C. 1801-1819) sec. 2(a)(4) (A) read as shown below. The language subsequently changed or omitted by Public Law 820 is shown in italics.

"(4) There are hereby established within the Commission

"(A) a General Manager, 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 President by and with the advice and consent of the Senate, and shall receive compensation at the rate of $15,000 per annum. The Commission may make recommendations to the President with respect to the appointment or removal of the General Manager."

The language of sec. 2 (a) (4) (B) (42 U.S.C. 1802) which was amended on July 31, 1953. by Public Law 164, 83d Cong. (67 Stat. 240), is shown above in italics. (See S. 2399 (July 15, 1953) and S. Rept. 603 (July 18, 1953); see also H.R. 6305 (July 15, 1953).) For legislative history index to Public Law 164, 83d Cong., see index to S. 2399 in appendix 5.)

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. 755-775, 32 U.S.C. 1801-1819) sec. 2 (a) (4) (B) read as shown below. The language subsequently changed or omitted by Public Law 164 is shown in italics.

"(B) a Division of Research, a Division of Production, a Division of Engineering, and a Division of Military Application. Each division shall be under the direction of a Director who shall be appointed by the Commission, and shall receive compensation at the rate of $14,000 per annum. The Director of the Division of Military Application shall be a member of the armed forces. The Commission shall require each such division to exercise such of the Commission's powers under this Act as the Commission may determine, except that the authority granted under section 3 (a) of this Act shall not be exercised by the Division of Research."

The pay of the directors had been authorized to be increased to $14,800 per annum by Public Law 375, 82d Cong. (65 Stat. 101).

receive compensation at a rate prescribed by law for the Chairman of the Munitions Board." The Commission shall advise and consult with the Committee on all atomic-energy matters which the Committee deems to relate to military applications, including the development, manufacture, use and storage of bombs, the allocation of fissionable material for military research, and the control of information relating to the manufacture or utilization of atomic weapons. The Commission shall keep the Committee fully informed of all such matters before it and the Committee shall keep the Commission fully informed of all atomic energy activities of the Department of Defense. The Committee shall have authority to make written recommendations to the Commission on matters relating to military applications from time to time as it may deem appropriate. If the Committee at any time concludes that any action, proposed action, or failure to act of the Commission on such matters is adverse to the responsibilities of the Department of Defense, derived from the Constitution, laws, and treaties, the Committee may refer such action, proposed action, or failure to act to the Secretary of Defense. If the Secretary concurs, he may refer the matter to the President, whose decision shall be final.

"(d) APPOINTMENT OF ARMY, NAVY, OR AIR FORCE OFFICERS.-Notwithstanding the provisions of section 1222 of the Revised Statutes (U.S.C., 1940 edition, title 10, sec. 576), section 212 of the Act entitled 'An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes', approved June 30, 1932, as amended (U.S.C., 1940 edition, title 5, sec. 59a), section 2 of the Act entitled 'An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes', approved July 31, 1894, as amended (U.S.C., 1940 edition, title 5, sec. 62), or any other law, any active or retired officer of the Army, Navy, or Air Force may serve as Director of the Division of Military Application established by subsection (a) (4) (B) of this section, 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 from the United States as such officer, an amount equal to the difference between such pay and the compensation prescribed in subsection (a) (4) (B) of this section." Likewise, 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 established by subsection (c) of this section, without prejudice to his commissioned status as such officer. Any such officer serving as Chairman of the Military Liaison Committee shall receive, in addition to his pay from the

Pursuant to Reorganization Plan No. 6, H. Doc. 136, 83d Cong., 18 Fed. Reg. 3743, an Assistant Secretary of Defense is now assigned the responsibility for the work formerly performed by the Munitions Board.

The language of sec. 2 (c) (42 U.S.C. 1802) which was amended on October 11, 1949 by Public Law 347, 81st Cong. (63 Stat. 762) is shown in italics. (See S. 2372 (Aug. 3, 1949) and S. Rept. 934 (Aug. 18, 1949); see also H.R. 5884 (Aug. 4, 1949) and H. Rept. 1282 (Aug. 18, 1949).) (For legislative history index to Public Law 347, 81st Cong., see index to S. 2372 in appendix 5.)

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. 755-775, 42 U.S.C. 1801-1819) sec. 2 (c) read as shown below. The language subsequently changed or omitted by Public Law 347 is shown in italics.

"(c) MILITARY LIAISON COMMITTEE.-There shall be a Military Liaison Committee consisting of representatives of the Departments of War and Navy, detailed or assigned thereto without additional compensation, by the Secretaries of War and Navy in such number as they may determine. The Commission shall advise and consult with the Committee on all atomic energy matters which the Committees [sic] deems to relate to military applications including the development, manufacture, use, and storage of bombs, the allocation of fissionable material for military research, and the control of information relating to the manufacture or utilization of atomic weapons. The Commission shall keep the Committee fully informed of all such matters before it and the Committee shall keep the Commission fully informed of all atomic energy activities of the War and Navy Departments. The Committee shall have authority to make written recommendations to the Commission on matters relating to military applications from time to time as it may deem appropriate. If the Committee at any time concludes that any action, proposed action, or failure to act of the Commission on such matters is adverse to the responsibilities of the Departments of war and Navy, derived from the Constitution, laws, and treaties. the Committee may refer such action, proposed action, or failure to act to the Secretaries of War and Navy. If either Secretary concurs, he may refer the matter to the President, whose decision shall be final."

United States as such officer, an amount equal to the difference between such pay and the compensation prescribed in subsection (c) of this section.

RESEARCH

SEC. 3. (a) RESEARCH ASSISTANCE.-The Commission is directed to exercise its powers in such manner as to insure the continued conduct of research and development 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 fissionable and radioactive materials for medical, biological, health, or military purposes;

(4) utilization of fissionable and radioactive materials and processes entailed in the production of such materials for all other purposes, including industrial uses; and

(5) the protection of health during research and production activities. The Commission may make such arrangements without regard to the provisions of section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing that advertising is not reasonably practicable, and may make partial and advance payments under such arrangements, and may make available for use in connection therewith such of its equipment and facilities as it may deem desirable. Such arrangements shall contain such provisions to protect health, to minimize danger from explosion and other hazards to life or property, and to require the reporting and to permit the inspection of work performed thereunder, as the Commission may determine; but shall not contain any provisions or conditions which prevent the dissemination of scientific or technical information, except to the extent such dissemination is prohibited by law.

(b) RESEARCH BY THE COMMISSION.-The Commission is authorized and directed to conduct, through its own facilities, activities and studies of the types specified in subsection (a) above.

PRODUCTION OF FISSIONABLE MATERIAL

SEC. 4. (a) DEFINITION.-As used in this Act, the term "produce", when used in relation to fissionable material, means to manufacture, produce, or refine fissionable material, as distinguished from source materials as defined in section

The language of sec. 2 (d) (42 U.S.C. 1802), which was amended on October 11, 1949, by Public Law 347, 81st Cong. (63 Stat. 762), is shown in italics. (See S. 2372 (Aug. 3, 1949) and S. Rept. 934 (Aug. 18, 1949); see also H.R. 5884 (Aug. 4, 1949) and H. Rept. 1282 (Aug. 18, 1949).) (For legislative history index to Public Law 347, 81st Cong., see index to S. 2372 in appendix 5.)

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. 755-775, 42 U.S.C. 1801-1819), sec. 2 (d), read as shown below. The language subsequently changed by Public Law 347 is shown in italics.

"(d) APPOINTMENT OF ARMY AND NAVY OFFICERS.-Notwithstanding the provisions of section 1222 of the Revised Statutes (U.S.C. 1940 edition, title 10, sec. 576), section 212 of the Act entitled 'An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes', approved June 30, 1932, as amended (U.S.C., 1940 edition, title 5, sec. 59a), section 2 of the Act entitled 'An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five. and for other purposes', approved July 31, 1894, as amended (U.S.C., 1940 edition, title 5. sec. 62), or any other law, any active or retired officer of the Army or the Navy may serve as Director of the Division of Military Application established by subsection (a) (4) (B) of this section, 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 from the United States as such officer, an amount equal to the difference between such pay and the compensation prescribed in subsection (a) (4) (B) of this section.”

« PreviousContinue »