the owner of the patent, the reasonable royalty shall be determined in accordance with section 157.16 financed 42 U.S.C. "SEC. 159. FEDERALLY FINANCED RESEARCH.-Nothing Federally in this Act shall affect the right of the Commission to research. require that patents granted on inventions made or con- sec. 2189. ceived during the course of federally financed research or operations, be assigned to the United States. clause. "SEC. 160. SAVING CLAUSE.-Any patent application on Javing which a patent was denied by the United States Patent 42 U.S.C. Office under sections 11 (a) (1), 11 (a) (2), or 11 (b) of sec. 2190. the Atomic Energy Act of 1946, and which is not prohibited by section 151 or section 155 of this Act may be reinstated upon application to the Commissioner of Patents within one year after enactment of this Act and shall then be deemed to have been continuously pending since its original filing date: Provided, however, That no patent issued upon any patent application so reinstated shall in any way furnish a basis of claim against the Government of the United States. "CHAPTER 14. GENERAL AUTHORITY "SEC. 161. GENERAL PROVISIONS.-In the performance of its functions the Commission is authorized to General provisions 42 U.S.C. “a. establish advisory boards to advise with and ser. 2201. make recommendations to the Commission on legislation, policies, administration, research, and other matters, provided that the Commission issues regulations setting forth the scope, procedure, and limitations of the authority of each such board; "b. establish by rule, regulation, or order, such standards and instructions to govern the possession and use of special nuclear material, source material, and byproduct material as the Commission may deem necessary or desirable to promote the common defense and security or to protect health or to minimize danger to life or property; "c. make such studies and investigations, obtain such information, and hold such meetings or hearings as the Commission may deem necessary or proper to assist it in exercising any authority provided in this Act, or in the administration or enforcement of this Act, or any regulations or orders issued thereunder. For such purposes the Commission is authorized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce docu- 49 U.S.C. 46. ments, or both, at any designated place. Witnesses subpenaed under this subsection shall be paid the 1 The second sentence of sec. 158 was amended by Public Law 87-206 (75 Stat. 475) (1961), sec. 12. Prior to amendment, it read: "Such licensee shall pay a reasonable royalty fee to be determined in accordance with section 157, to the owner of the patent. 17 See Atomic Energy Act of 1946, appendix B, infra, sec. 11. 27 Stat. 443. 80 Stat. 448, same fees and mileage as are paid witnesses in the district courts of the United States; 748 "d. appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Commission. Such officers and employees shall be appointed in accordance with the civil-service laws and their compensation fixed in accordance with the Classification Act of 1949, as amended, except that, to the extent the Commission deems such action necessary to the discharge of its responsibilities, personnel may be employed and their compensation fixed without regard to such laws: Provided, however, That no officer or employee (except such officers and employees whose compensation is fixed by law, and scientific and technical personnel up to a limit of the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended 19) whose position would be subject to the Classification Act of 1949, as amended, if such Act were applicable to such position, shall be paid a salary at a rate in excess of the rate payable under such Act for positions of equivalent difficulty or responsibility. Such rates of compensation may be adopted by the Commission as may be authorized by the Classification Act of 1949, as amended, as of the same date such rates are authorized for positions subject to such Act.20 The Commission shall make adequate provision for administrative review of any determination to dismiss any employee; "e. acquire such material, property, equipment, and facilities, establish or construct such buildings and facilities, and modify such buildings and facilities from time to time, as it may deem necessary, and construct, acquire, provide, or arrange for such facilities and services (at project sites where such facilities and services are not available) 21 for the housing, health, safety, welfare, and recreation of personnel employed by the Commission as it may deem necessary, subject to the provisions of section 174: Provided, however, That in the communities owned by 18 Public Law 91-452 (84 Stat. 922) (1970). sec. 237. The Organized Crime Control Act of 1970, deleted the following sentence from subsec. 161 c. "No person shall be excused from complying with any requirements under this paragraph because of his privilege against self-incrimination, but the immunity provisions of the Compulsory Testimony Act of February 11, 1893. shall apply with respect to any individual who specifically claims such privilege." 10 Public Law 87-793 (76 Stat. 832) (1962), sec. 1001 (g), added the words "up to a limit of the highest rate of grade 18 of the General Schedule of the Classification Act of 1949. as amended". Prior to this amendment a limitation of $19.000 had been imposed by Public Law 85-287 (71 Stat. 612) (1957). sec. 4. 20 Public Law 85-681 (72 Stat. 633) (1968), sec. ——, amended subsec. 161 d. by inserting this sentence. 21 Public Law 95-91 (91 Stat 565) (1977), sec. 709 (c) (2), provided that "Section 161(d) of the Atomic Energy Act of 1954 shall not apply to functions transferred by this Act." (Department of Energy Organization Act). the Commission, the Commission is authorized to grant privileges, leases and permits upon adjusted terms which (at the time of the initial grant of any privilege, grant, lease, or permit, or renewal thereof, or in order to avoid inequities or undue hardship prior to the sale by the United States of property affected by such grant) 22 are fair and reasonable to responsible persons to operate commercial businesses without advertising and without advertising (sic) and without securing competitive bids, but taking into consideration, in addition to the price, and among other things (1) the quality and type of services required by the residents of the community, (2) the experience of each concession applicant in the community and its surrounding area, (3) the ability of the concession applicant to meet the needs of the community, and (4) the contribution the concession applicant has made or will make to the other activities and general welfare of the community; 23 "f. with the consent of the agency concerned, utilize or employ the services of personnel of any Government agency or any State or local government, or voluntary or uncompensated personnel, to perform such functions on its behalf as may appear desirable; 24 "g. acquire, purchase, lease, and hold real and personal property, including patents, as agent of and on behalf of the United States, subject to the provisions of section 174, and to sell, lease, grant, and dispose of such real and personal property as provided in this Act; "h. consider in a single application one or more of the activities for which a license is required by this Act, combine in a single license one or more of such activities, and permit the applicant or licensee to incorporate by reference pertinent information already filed with the Commission; "i. prescribe such regulations or orders as it may deem necessary (1) to protect Restricted Data received by any person in connection with any activity authorized pursuant to this Act, (2) to guard against the loss or diversion of any special nuclear material acquired by any person pursuant to section 53 or produced by any person in connection with any activity authorized pursuant to this Public Law 85-162 (71 Stat. 403) (1957), sec. 201, added the clause "(at the time of the initial grant of any privilege grant, lease, or permit, or renewal thereof, or in order to avoid inequities or undue hardship prior to the sale by the United States of property affected by such grant". 78 Public Law 84-722 (70 Stat. 553) (1956), amended sec. 161 e. by adding the proviso clause. 24 The text of Executive Order 9816, providing for the transfer of properties and personnel of the Manhattan Engineer District to the Atomic Energy Commission on January 1, 1947, will be found in appendix F. 63 Stat. 377, 40 U.S.C. 471 note, 488. Act, to prevent any use or disposition thereof which the Commission may determine to be inimical to the common defense and security, including regulations or orders designating activities, involving quantities of special nuclear material which in the opinion of the Commission are important to the common defense and security, that may be conducted only by persons whose character, associations, and loyalty shall have been investigated under standards and specifications established by the Commission and as to whom the Commission shall have determined that permitting each such person to conduct the activity will not be inimical to the common defense and security,25 and (3) to govern any activity authorized pursuant to this Act, including standards and restrictions governing the design, location, and operation of facilities used in the conduct of such activity, in order to protect health and to minimize danger to life or property;". "j. without regard to the provisions of the Federal Property and Administrative Services Act of 1949, as amended, except section 207 of that Act, or any other law, make such disposition as it may deem desirable of (1) radioactive materials, and (2) any other property, the special disposition of which is, in the opinion of the Commission, in the interest of the national security: Provided, however, That the property furnished to licensees in accordance with the provisions of subsection 161 m. shall not be deemed to be properly disposed of by the Commission pursuant to this subsection; "k. authorize such of its members, officers, and employees as it deems necessary in the interest of the common defense and security to carry firearms while in the discharge of their official duties. The Commission may also authorize such of those employees of its contractors engaged in the protection of property owned by the United States and located at facilities owned by or contracted to the United States as it deems necessary in the interests of the common defense and security to carry firearms while in the discharge of their official duties; "m.26 enter into agreements with persons licensed under Section 103, 104, 53 a. (4), or 63 a. (4)27 for 25 Sec. 7 of Public Law 93-377 (88 Stat. 475) (1974) amended subsec. 161 1. by adding the phrase beginning with the word "including" and ending with the word "security" the second time it appears thereafter. 28 Public Law 87-456 (76 Stat. 72) (1962), sec. 303 (c), the Tariff Classification Act of 1962, repealed sec. 161 1, effective on the 10 day following a Presidential proclamation concerning tariff schedules, import restrictions and related matters. This proclamation was issued on August 21, 1963 (3 C.F.R.. Proclamation 3548). Sec. 161 1. read as follows: "1. Secure the admittance free of duty into the United States of purchases made abroad of source materials, upon certification to the Secretary of the Treasury that such entry is necessary in the interest of the common defense and security :". 27 Public Law 86-300 (73 Stat. 574 (1959). sec. 1, amended subsec. 161 m. to authorize agreements with persons licensed under secs. 53 a. (4) or 63 a. (4) as well as under secs. 103 or 104. such periods of time as the Commission may deem necessary or desirable (1) to provide for the processing, fabricating, separating, or refining in facilities owned by the Commission of source, byproduct, or other material or special nuclear material owned by or made available to such licensees and which is utilized or produced in the conduct of the licensed activity, and (2) to sell, lease, or otherwise make available to such licensees such quantities of source or byproduct material, and other material not defined as special nuclear material pursuant to this Act, as may be necessary for the conduct of the licensed activity: Provided, however, That any such agreement may be canceled by the licensee at any time upon payment of such reasonable cancellation charges as may be agreed upon by the licensee and the Commission: And provided further, That the Commission shall establish prices to be paid by licensees for material or services to be furnished by the Commission pursuant to this subsection, which prices shall be established on such a nondiscriminatory basis as, in the opinion of the Commission, will provide reasonable compensation to the Government for such material or services and will not discourage the development of sources of supply independent of the Commission; "n.28 delegate to the General Manager or other officers of the Commission any of those functions assigned to it under this Act except those specified in sections 51, 57 b.,29 61,83a 108, 123, 145b. (with respect to the determination of those persons to whom the Commission may reveal Restricted Data in the national interest), 145 f., 31 and 161 a.; "o. require by rule, regulation, or order, such reports, and the keeping of such records with respect to, and to provide for such inspections of, activities and studies of types specified in section 31 and of activities under licenses issued pursuant to sections 28 Public Law 85-507 (72 Stat. 327) (1958), sec. 21. repealed former subsec. 161 n., and relettered subsequent subsections accordingly. Subsec. 161 n. read as follows: "n. assign scientific, technical, professional, and administrative employees for instruction, education, or training by public or private agencies, institutions of learning. laboratories. or industrial or commercial organizations and to pay the whole or any part of the salaries of such emyployees, costs of their transportation and per diem in lieu of subsistence in accordance with applicable laws and regulations, and training charges incident to their assignments (including tuition and other related fees): Provided, however. That (1) not more than one per centum of the eligible employees shall be so assigned during any fiscal year. and (2) any such assignment shall be approved in advance by the Commission or shall be in accordance with a training program previously approved by the Commission: And provided further, That appropriations or other funds available to the Commission for salaries or expenses shall be available for the purposes of this subsection ;" Public Law 90-190 (81 Stat. 575) (1967). sec. 11. amended sec. 161 n. by striking out "57 a. (3)" and inserting in lieu thereof "57 b.' 20 Public Law 91-560 (84 Stat. 1472) (1970), sec. 7. amended subsec. 161 n by striking out at this point the following: "102 (with respect to the finding of practical value).". 31 Amended by Public Law 87-615 (76 Stat. 409) (1962), sec. 12. Prior to amendment reference was to "145 e.". |