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Exercise of Commission's powers.

General
Advisory
Committee.

Terms of reference.

ber) 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

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 adminis-
trative 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) which was amended on July 31, 1953, by Public Law 164, 83d Cong. (67 Stat. 757, 42 U. S. C. 1802), 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 D, p. 47.

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) (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).

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receive their necessary traveling or other expenses while engaged in the work of the Committee.

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Liaison Committee.

Committee.

c) MILITARY LIAISON COMMITTEE.-There shall be a Military 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. Duties of The Committee Chairman shall be appointed by the President, by and with the advice and consent of the Senate, and shall 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 statutory apmatters is adverse to the responsibilities of the Depart- peal procedure. ment 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.®

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Authority to make written tions.

recommenda

(d) APPOINTMENT OF Army, Navy, or Air Force OFFI- Appointment CERS.-Notwithstanding the provisions of section 1222 of Military

• 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) which was anrended on October 11, 1949, by Public Law 347, 81st Cong. (63 Stat. 762, 42 U. S. C. 1802) 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 D, p. 47.)

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 in

Officers.

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7

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 provi sions 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 United States as such officer, an amount equal to the difference between such pay and the compensation prescribed in subsection (c) of this section.8

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RESEARCH

(42 U. S. C. 1803)

assistance.

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;

(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)9 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.

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.'

*Text of title 41, U. S. Code, sec. 5, will be found in appendix E, item No. 4, p. 54.

Commission.

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Advertising of viewed.

bids not rê

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Research by
Commission.

"Produce" defined.

Exclusive ownership of production facilities.

Operation of production facilities.

Contracts.

(b) RESEARCH BY THE COMMISSION.10-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 (42 U. S. C. 1804)

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 sufficient 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

10 The text of portions of title 15, U. S. Code sec. 272 (64 Stat. 371) providing for the participation of the National Bureau of Standards in the field is set forth in appendix L, p. 97.

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The text of title 42, Ü. S. Code sec. 1874 (64 Stat. 149) relating to participation of National Science Foundation in the field is given in appendix M, p. 98.

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