TABLE OF CONTENTS Sec. 5. Control of materials.. Sec. 6. Military applications of atomic energy. Sec. 7. Utilization of atomic energy- Sec. 8. International arrangements_ Sec. 9. Property of the Commission Sec. 13. Compensation for private property acquired.... Sec. 14. Judicial review and administrative procedure.. Item 15. 2 U. S. C. 192-194 (congressional investigations). Appendix F. Espionage Act-spying.. Appendix D. Atomic energy legislation history. Appendix E. Texts of laws referred to in Atomic Energy Act of 1946: Item 1. 10 U. S. C., section 576 (Army officer holding civil office) Item 2. 5 U. S. C., section 59a (pay of retired officers) Item 3. 5 U. S. C., section 62 (holding two offices).. Item 4. 41 U. S. C., section 5 (advertising for purchasing) Item 5. 28 U. S. C. 1254 (appeals to Supreme Court). Item 6. 49 U. S. C. 46 (self-incrimination) Item 7. Classification Act of 1923 (now Classification Act of 1949) – Item 8. Surplus Property Act of 1944_... Item 9. 18 Ü. S. C., section 283 (employee claims against the Govern- Item 10. 18 U. S. C., section 284 (restriction of Government employee Item 11. 28 U. S. C. 1346, 2401, 2402 (suits against United States) –– Item 12. 28 U. S. C., sections 1491, 1496, 1501, 1503, 2501 (Court of Item 13. 40 U. S. C., section 257 (condemnation of realty) Item 14. 5 U. S. C., sections 1000-1011 (Administrative Procedure Appendix H. Prohibition on export of arms. Appendix I. Secrecy provisions of Patent Code___ Appendix K. Fissionable materials, Marion County, Ind.... Appendix M. National Science Foundation_ Appendix N. List of acts amending the Atomic Energy Act of 1946-- Page 92 93 96 97 97 98 99 *99 1 THE ATOMIC ENERGY ACT OF 19461 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 (42 U. S. C. 1801) declaration. SECTION 1. (a) FINDINGS AND DECLARATION.-Research Findings and 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 en- objective. ergy 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. Paramount (b) PURPOSE OF ACT.-It is the purpose of this Act to Purpose; major effectuate the policies set out in section 1 (a) by provid- programs. ing, among others, for the following major programs relating to atomic energy: (1) A program of assisting and fostering private re- Private research and development to encourage maximum scientific search. progress; 1The Atomic Energy Act of 1946 (Public Law 585, 79th Cong., 60 Stat. 755-75; 42 U. S. C. 1801–1819). (For legislative history index to Public Law 585, 79th Cong., see index to S. 1717 in appendix D, p. 47.) Control of information. Federal research and development. Government control of pro (4) A program for Government control of the production, owner- duction, ownership, and use of fissionable material to assure the common defense and security and to insure the broadest possible exploitation of the fields; and use of fissionable material. (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. ORGANIZATION (42 U. S. C. 1802) SEC. 2 (a) ATOMIC ENERGY COMMISSION. (1) There is hereby established an Atomic Energy Commission (herein called the Commission), 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. Administration. Membership. Appointment of Terms of office. Compensation. (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; (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 compensa tion 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 necessary to enable it to carry out the provisions of this Act. (4) There are hereby established within the Commission ager. (A) a General Manager, who shall discharge such General Manof the administrative and executive functions of the Commission as the Commission may direct. The General Manager shall be appointed by the Commission, shall serve at the pleasure of the Commission, shall be removable by the Commission, and 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 Divisions; other program divisions (not to exceed ten in num directors. Office in Dislumbia. trict of Co |
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