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Additional

cerning the activities of the Commission. The Commission shall include in such report, and shall at such other times as it deems desirable submit to the Congress, legislation. such recommendations for additional legislation as the Commission deems necessary or desirable.

DEFINITIONS

(42 U. S. C. 1818)

SEC. 18. As used in this Act

(a) The term "atomic energy" shall be construed to "Atomic mean all forms of energy released in the course of or as

a result of nuclear fission or nuclear transformation.

energy.

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(b) The term "Government agency" means any execu- "Government tive department, commission, independent establishment, agency." corporation wholly or partly owned by the United States which is an instrumentality of the United States, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government.

(c) The term "person" means any individual, corpo- "Person." ration, partnership, firm, association, trust, estate, public or private institution, group, the United States or any agency thereof, any government other than the United States, any polítical subdivision of any such government, and any legal successor, representative, agent, or agency of the foregoing, or other entity, but shall not include the Commission or officers or employees of the Commission in the exercise of duly authorized functions.

States."

(d) The term "United States", when used in a geo- "United graphical sense, includes all Territories and possessions of the United States and the Canal Zone.

development."

(e) The term "research and development" means theo- "Research and retical analysis, exploration, and experimentation, and the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes.

(f) The term "equipment or device utilizing fissionable material or atomic energy" shall be construed to mean any equipment or device capable of making use of fissionable material or peculiarly adapted for making use of atomic energy and any important component part especially designed for such equipment or devices, as determined by the Commission.

(g) The term "facilities for the production of fissionable material" shall be construed to mean any equipment or device capable of such production and any important component part especially designed for such equipment or devices, as determined by the Commission.

"Equipment or fissionable

device utilizing

material cr atomic energy."

"Facilities for

the production

of fissionable

material."

Appropriations authorized.

APPROPRIATIONS 27

(42 U. S. C. 1819)

SEC. 19. There are hereby authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this Act. The Acts appropriating such sums may appropriate specified portions thereof to be accounted for upon the certification of the Commission only. Funds appropriated to the Commission shall, if obligated by contract during the fiscal year for which appropriated, remain available for expenditure for four years following the expiration of the fiscal year for which appropriated. After such fouryear period, the unexpended balances of appropriations shall be carried to the surplus fund and covered into the 'Treasury.

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SEPARABILITY OF PROVISIONS

SEC. 20. If any provision of this Act, or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

SHORT TITLE

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SEC. 21. This Act may be cited as the "Atomic Energy Act of 1946".

Approved August 1, 1946.

27 The legislation appropriating funds to the Atomic Energy Commission (including "riders”) is set forth in appendix G, p. 50.

APPENDIXES

APPENDIX A

(See sec. 9 (a) of the Atomic Energy Act, p. 17, supra; see also 3 CFR, 1946 supp., p. 189)

EXECUTIVE ORDER 9816

PROVIDING FOR THE TRANSFER OF PROPERTIES AND PERSONNEL TO THE ATOMIC ENERGY COMMISSION

By virtue of the authority vested in me by the Constitution and the statutes, including the Atomic Energy Act of 1946, 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 procéssing, 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.

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.

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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, 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.

THE WHITE HOUSE,

December 31, 1946.

HARRY S. TRUMAN

[F. R. Doc. 46–22112; Filed, Dec. 31, 1946 ; 5: 05 p. m.]

APPENDIX B

PUBLIC LAW 298-82D CONGRESS

(66 Stat. 44, Chapter 159)

S. 2077

AN ACT To provide for certain investigations by the Civil Service Commission in lieu of the Federal Bureau of Investigation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 10 (b) (5) (B) (i) and (B) (ii) of the Act of August 1, 1946 (60 Stat. 755), entitled "An Act for the development and control of atomic energy"; section 1 (2) of the Act of May 22, 1947 (61 Stat. 103), entitled “An Act to provide for assistance to Greece and Turkey"; section 1 of the joint resolution of May 31, 1947 (61 Stat. 125), entitled "Joint resolution providing for relief assistance to the people of countries devastated by war"; section 3 (e) of the Act of August 5, 1947 (61 Stat. 780), entitled "An Act to provide for the reincorporation to The Institute of Inter-American Affairs, and for other purposes"; section 1001 of the Act of January 27, 1948 (62 Stat. 6), entitled "An Act to promote the better understanding of the United States among the peoples of the world and to strengthen cooperative international relations"; section 110 (c) of the Act of April 3, 1948 (62 Stat. 137), entitled "An Act to promote world peace and the general welfare, national interest, and foreign policy of the United States through economic, financial, and other measures necessary to the maintenance of conditions abroad in which free institutions may survive and consistent with the maintenance of the strength and stability of the United States"; section 2 of the Act of June 14, 1948 (62 Stat. 441), entitled "Joint resolution providing for membership and participation by the United States in the World Health Organization and authorizing an appropriation therefor"; section 3 of the Act of June 30, 1948 (62 Stat. 1151), entitled "Joint resolution providing for acceptance by the United States of America of the Constitution of the International Labor Organization Instrument of Amendment, and further authorizing an appropriation for payment of

the United States share of the expenses of membership and for expenses of participation by the United States"; subsection (c) of section 15 of the Act of May 10, 1950 (64 Stat. 149), entitled “An Act to promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes"; section 3 (e) of the Act of August 11, 1950 (64 Stat. 438), entitled "An Act to authorize the District of Columbia government to establish an Office of Civil Defense, and for other purposes"; and section 510 of the Mutual Security Act of 1951, are amended by striking therefrom, whereever they appear, the words "Federal Bureau of Investigation" and inserting in lieu thereof the words "Civil Service Commission": Provided, That in the event an investigation made pursuant to any of the above statutes as herein amended develops any data reflecting that the individual who is the subject of the investigation is of questionable loyalty, the Civil Service Commission shall refer the matter to the Federal Bureau of Investigation for the conduct of a full field investigation, the results of which shall be furnished to the Civil Service Commission for its information and appropriate action: Provided further, That, if the President deems it to be in the national interest, he may from time to time cause investigations of any group or class which are required by any of the above statutes, to be made by the Federal Bureau of Investigation rather than the Civil Service Commission: Provided further, That notwithstanding the provisions of section 10 (b) (5) (B) (i) and (ii) of the Atomic Energy Act of 1946 and section 510 of the Mutual Security Act of 1951, as amended by this Act, a majority of the members of the Atomic Energy Commission, the Director of Mutual Security, or the Secretary of State, as the case may be, shall certify those specific positions which are of a high degree of importance or sensitivity, and upon such certification the investigation and reports required by such provisions or by any other laws amended by the first section of this Act shall, in the case of such positions, be made by the Federal Bureau of Investigation rather than the Civil Service Commission.

SEC. 2. The transfer of investigative functions hereinbefore provided for shall be effectuated during the period commencing with the date of the approval of this Act and terminating one hundred and eighty days thereafter, it being the intent of the Congress that the said transfer be effectuated as expeditiously within that period of time as the Civil Service Commission shall consider the facilities of that Commission adequate to undertake all or any part of the functions herein transferred: Provided, however, That investigations pending with the Federal Bureau of Investigation at the expiration of the one hundred and eighty days shall be completed in due course by that Bureau and reports thereof furnished to the Civil Service Commission for its information and appropriate action.

SEC. 3. Nothing in this Act shall be construed to affect in any way the responsibility of the Federal Bureau of Investigation for investigations of espionage, sabotage, or subversive acts.

SEC. 4. In order to carry out the provisions and purposes of this Act, appropriations available to the departments or agencies, on whose account investigations are made pursuant to the statutes amended by section 1 of this Act, shall be available for advances or reimbursements directly to the applicable appropriations of the Civil Service Commission, or of the Federal Bureau of Investigation, for the cost of investigations made for such departments or agencies. Approved April 5, 1952.

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APPENDIX C

[PUBLIC LAW 14-81ST CONGRESS]

(63 Stat. 11)

[H. R. 54]

AN ACT

To retrocede to the State of New Mexico exclusive jurisdiction held by the United States over lands within the boundaries of the Los Alamos Project of the United States Atomic Energy Commission,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby retroceded to the State of New Mexico the exclusive jurisdiction heretofore acquired from the State

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