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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 receivė, 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 Chair. man of the Military Liaison Committee 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 (c) of this section.

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5 Text of title 10, U. S. Code, sec. 576, will be found in appendix E, item No. 1. Text of title 5, U. S. Code, sec. 59a, will be found in appendix E, item No. 2. Text of title 5, U. S. Code, sec. 62, will be found in appendix E, item No. 3.

6 The language of sec. 2 (d) which was amended on October 11, 1949, by Public Law 347, 81st Cong. (63 Stat. 762, 42 U. S. C. 1802 (1946 ed.) ) is shown in italics. (See s. 2372 (Aug. 3, 1949) aud 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 $. 2327 in appendix D, p. 39.)

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. 755–775, 42 U. S. C. 1801-1819 (1946 ed.)) sec. 2 (d) read as shown below. The language subsequently changed by Public Law 347 is shown in italics.

“(a) 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 áct 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."

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RESEARCH

assistance,

(42 U. S. C. 1803) Sec. 3. (a) RESEARCH ASSISTANCE.—The Commission Research 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 Com- Authority of mission 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;

(1) 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 Advertisins of regard to the provisions of section 3709 of the Revised viewed. Statutes (U. S.C., titlo 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 thật 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.

Research by (b) RESEARCH BY THE COMMISSION.--The Commis

Commission, sion is authorized and directed to conduct, through its own facilities, activities and studies of the types specified in subsection (a) above.

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? Text of title 41, U. S. Code, sec. 5, will be found in appendix E, Item No. 4.

PRODUCTION OF FISSIONABLE MATERIAL

(42 U. S. C. 1804)

"Produce" defined.

(Ses sec, 16 (a), p. 29.)

Exclusive ownership of production facilities.

Operation of production facilities.

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 5 (b) (1), or to separate fissionable material from other substances in which such material may be contained or to produce new fissionable material.

(b) PROHIBITION. — It shall be unlawful for any person to own any facilities for the production of fissionable material or for any person to produce fissionable material, except to the extent authorized by subsection (c).

(c) OWNERSHIP AND OPERATION OF PRODUCTION FACILITIES.

(1) OWNERSHIP OF PRODUCTION FACILITIES.-The Commission, as agent of and on behalf of the United States, shall be the exclusive owner of all facilities for the production of fissionable material other than facilities which (A) are useful in the conduct of research and development activities in the fields specified in section 3, and (B) do not, in the opinion of the Commission, have a potential production rate adequate to enable the operator of such facilities to produce within a reasonable period of time a suffi. cient quantity of fissionable material to produce an atomic bomb or any other atomic weapon.

(2) OPERATION OF THE COMMISSION'S PRODUCTION FACILITIES.-The Commission is authorized and directed to produce or to provide for the production of fissionable material in its own facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce fissionable material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce fissionable material in facilities owned by the Commission to the extent that the production of such fissionable 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 (A) prohibiting the contractor with the Commission from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by the Commission, and (B) obligating the contractor to make such reports to the Commission as it may deem appropriate with respect to his activities under the contract, to submit to frequent inspection by employees of the Commission of all such activities, and to comply with all safety and security

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Contracto.

Subcontracte.

Reports, etc.

President.

regulations which may be prescribed by the Commis-
sion. Any contract made under the provisions of
this paragraph may be made without regard to the
provisions of section 3709 of the Revised Statutes
(U. S. C., title 41, sec. 5)% upon certification by the Exception from
Commission that such action is necessary in the in- contracts.
terest of the common defense and security, or upon
a showing that advertising is not reasonably prac-
ticable, and partial and advance payments may be
made under such contracts. The President shall de- Duty of
termine at least once each year the quantities of fis-
sionable material to be produced under this para-
graph.

(3) OPERATION OF OTHER PRODUCTION FACILITIES.
Fissionable material may be produced in the conduct
of research and development activities in facilities
which, under paragraph (1) above, are not required

to be owned by the Commission, (d) IRRADIATION OF MATERIALS.--For the purpose of Manufacture increasing the supply of radioactive materials, the Com- materials. mission and persons lawfully producing or utilizing fissionable material are authorized to expose materials of any kind to the radiation incident to the processes of producing or utilizing fissionable material.

(e) MANUFACTURE OF PRODUCTION FACILITIES.-Un- Licenses for less authorized by a license issued by the Commission, etc., of producno person may manufacture, produce, transfer, or acquire any facilities for the production of fissionable material. Licenses shall be issued in accordance with such procedures as the Commission may by regulation estab- (See sec: 16 lish and shall be issued in accordance with such standards and upon such conditions as will restrict the production and distribution of such facilities to effectuate the policies and purposes of this Act. Nothing in this section shall be deemed to require a license for such manufacture, production, transfer, or acquisition incident to or for the conduct of research or development activities in the United States of the types specified in section 3, or to prohibit the Commission from manufacturing or producing such facilities for its own use.

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tion facilities.

(a), p. 29.)

CONTROL OF MATERIALS

Definition of

(42 U: S. C. 1805) Sec. 5. (a) FISSIONABLE MATERIALS.

(1) DEFINITION.—As used in this Act, the term "fis- "fissionable sionable material” means plutonium, uranium enriched material." in the isotope 235, any other material which the Commission determines to be capable of releasing substantial quantities of energy through nuclear chain reaction of the material, or any material artificially enriched by any of the foregoing; but does not include source materials, as defined in section 5 (b) (1).

8 Text of title 41, U. S. Code, sec, 5 will be found in appendix E, item No. 4,

Government gwnership of fiaggionable material

(2) GOVERNMENT OWNERSHIP OF ALL FISSIONABLE MATERIAL.--All right, title, and interest within or under the jurisdiction of the United States, in or to any fissionable material, now or hereafter produced, shall be the property of the Commission, and shall be deemed to be vested in the Commission by virtue of this Act. Any person owning any interest in any fissionable material at the time of the enactment of this Act, or owning any interest in any material at the time when such material is hereafter determined to be a fissionable material, or who lawfully produces any fissionable material incident to privately financed research or development activities, shall be paid just compensation therefor. The Commission may, by action consistent with the provisions of paragraph (4) below, authorize any such person to retain possession of such fissionable material, but no person shall have any title in or to any fissionable material.

(3) PROHIBITION.—It shall be unlawful for any person to (A) possess or transfer any fissionable material, except as authorized by the Commission; or (B) export from or import into the United States any fissionable material; or (C) directly or indirectly engage in the production of any fissionable material outside of the United States, except, subject to the limitations and conditions contained in section 10 (a) (3), as authorized by the

Commission upon a determination by the President that (See sec. 10 a) 3), p. 18; affected thereby.

the common defense and security will not be adversely

(4) DISTRIBUTION OF FISSIONABLE MATERIAL.-Without prejudice to its continued ownership thereof, the Commission is authorized to distribute fissionable material owned by it, with or without charge, to applicants requesting such material (A) for the conduct of research or development activities either independently or under contract or other arrangement with the Commission, (B) for use in medical therapy, or (C) for use pursuant to a license issued under the authority of section 7. Such material shall be distributed in such quantities and on such terms that no applicant will be enabled to obtain an amount sufficient to construct a bomb or other military weapon. The Commission is directed to distribute sufficient fissionable material to permit the conduct of widespread independent research and development activity,

see also sec. 16 (a), p. 29.)

Research,

Medical therapy.

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The language of sec. 5 (a) (3) which was amended on Oct. 30, 1951, by Public Law 235, 820 Cong. (65 Stat. 692, 42 U. S. C. 1805 (1946 ed.)) is shown in italics. (See S. 2233 (Oct. 8, 1951) and S. Rept. 894 (Oct. 8. 1951); see also H. R. 5646 (Oct. 8, 1951) and H. Rept. 1104 (Oct. 8, 1951)). (For legislative history index to Public Law 235, 82d Cong., see Index to S. 2233 in appendix D, p. 40.)

In the basic Atomic Energy Act (Public Law 585, 79th Cong.. 60 Stat. 755—775, 42 U. S. C. 1801-1819 (1946 ed.), sec. 5 (a) (3) read as shown below. The language subsequently changed or onritted by Public Law 233 is shown in italics.

(3) PROHIBITION.-It shall be unlawful for any person, after sixty days from the effective date of this Act to (A) possess or transfer any fissionable material, except as authorized by the Commission, or (B) er port from or import into the United States any fissionable material, or c) directly or indirectly engage in the production of any fissionable material outside of the United States."

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