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TABLE OF CONTENTS

Atomic Energy Act of 1946.-

Sec. 1. Declaration of policy.

Sec, 2. Organization..

Sec. 3. Research.

Sec. 4. Production of fissionable material.

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. 10. Control of information..

Sec. 11. Patents and inventions.

Sec. 12. General authority-

Sec. 13. Compensation for private property acquired.--

Sec. 14. Judicial review and administrative procedure.

Sec. 15. Joint Committee on Atomic Energy..

Sec. 16. Enforcement-

Sec. 17. Reports -

Sec. 18. Definitions..

Sec. 19. Appropriations--

Sec. 20. Separability of provisions.

Sec. 21. Short title

Index to Atomic Energy Act--

Appendix A. Executive Order 9816 (transferring properties and personnel

from Manhattan Engineering District to AEC)

Appendix B. Investigations by Civil Service Commission in lieu of FBI..

Appendix C. Los Alamos retrocession..

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-

ment).

Item 10. 18 U.S. C., section 284 (restriction of Government employee

claims).

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

Claims actions)

Item 13. 40 U. S. C., section 257 (condemnation of realty)

Item 14. 5 U. S. C., sections 1000–1011 (Administrative Procedure

Act of 1946).

Item 15. 2 U.S. C. 192-194 (congressional investigations).

Appendix F. Espionage Act-spying-

Appendix G. Appropriations for atomic energy

Military appropriations-

1947.
1948.
1949.
1950-
1951
1952
1953.
1954

Table of appropriations.

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59

66

66

68

68

71
72
73
75
77
80
84
87

90

Appendix H. Prohibition on export of arms.
Appendix I. Secrecy provisions of Patent Code---
Appendix J. Mining laws provisions...
Appendix K. Fissionable materials, Marion County, Ind.
Appendix L. National Bureau of Standards....
Appendix M. National Science Foundation.
Appendix N. List of acts amending the Atomic Energy Act of 1946..
Appendix 0. Publications of Joint Committee on Atomic Energy-..

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THE ATOMIC ENERGY ACT OF 1946'

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,

1

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.

(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;

Paramount

1 The 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.

Hederal research and development.

(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;

(4) A program for Government control of the producian. Wer 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

(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

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Administration.

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(42 U. S. C. 1802)

Membership.

Appointment of
Commissioners.

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.

(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 qualiTerms of office. fications 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

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Compensation.

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.2 (3) The principal office of the Commission shall be in office in D18

trict of Cothe District of Columbia, but the Commission or any lumbia. 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

(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 num2 The provision of sec. 2 (a) (2) relating to the terms of office of members of the Atomic Energy Commission was amended on July 3, 1948, by Public Law 898, 80th Cong. (62 Stat. 1259, 42 U. S. C. 1802) to read as shown above in italics. (See S. 2589 (Apr. 30, 1948) and S. Rept. 1342 (May 17, 1948) and minority views (May 24, 1948); see also H. R. 6402 (Apr. 30, 1948) and H. Řept. 1973 (May 18, 1949) and minority views (May 24, 1948).) (For legislative history index to Public Law 898, 80th Cong., see index to H. R. 6402 in appendix D, p. 47.)

The provision of sec. 2 (a) (21_relating to compensation to be received by members of the Atomic Energy Commission was amended on Sept. 23, 1950, by Public Law 820, 81st Cong. (64 Stat. 979, 42 U. S. C. 1802) to read as shown above in italics. (See s. 3437 (Apr. 17, 1950) and $. Rept. 2493 (Aug. 30, 1950); see also H. R. 8103 (Apr. 19, 1950).)! (For legislative history index to Public Law 820, 81st Cong., see index to $. 3437, in appendix D, p. 47.).

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Ştat. 755-775 ; 42 U. S. C. 1801-1819) sec. 2 (a), (2), read as shown below. The language subsequently changed by Public Law 898 and Public Law 820 is shown in italics.

(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 torth the experience and the qualifications of the nominee. The term of office of each member of the Commission taking office prior to the expiration of two years after the date of enactment of this Act shall expire upon the expiration of such troo years.

The term of ofice of each member of the Commission taking office after the expiration of two years from the date of enactment of this Act shall be five years, except that (A) the terms of office of the members first taking office after the expiration of two years from the date of enactment of this Act shall espire, as designated by the President at the time of appointment, one at the end of three years, one at the end of four years, one at the end of five years, one at the end of six years, and one at the end of seven years, after the date of enactment of this Act; 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 tbe Commission may be remored by the President for inefficiency, neglect of duty, or malfeasance in office. Each member, except the Chairman, shall receive compensation at the rate of $15,000 per annum; and the Chairman shall receive compensation at the rate of $ 17,500 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 language of sec. 2 (a) (4) (A) which was amended on September 23, 1950, by Public Law 820, 81st Cong. (64 Stat. 979, 42 U. S. C. 1802) is 'shown above in italics. (See S. 3437 (Apr. 17, 1950) and S. Rept. 2493 (Aug. 30, 1950); see also H. R. 8103 (Apr. 19, 1950).). (For legislative history index to Public Law 820, 81st Cong., see index to s. 3437 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) (A) read as shown below,

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