(PUBLIC LAW 585 - - 79TH CONGRESS ) (CHAPTER 724 - -2D SESSION) (S. 1717) AN ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP54-00177A000200050155-6
• Release Decision: RIPPUB
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• Document Page Count: 23
• Document Creation Date: December 12, 2016
• Document Release Date: July 3, 2002
• Sequence Number: 155
• Content Type: REGULATION

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[PUBLIC LAW 585-79TH CONGRESS]
[CHAPTER 724-21) SESSION
[S. 17171
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
SECTION 1. (a) FINDINGS AND DECLARATION.-Research and experi-
mentation 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 para-
mount objective of assuring the common defense and security, the
development and utilization of atomic energy shall, so far as prac-
ticable, 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 effectuate the
policies set out in section 1 (a) by providing, among others, for the
following major programs relating to atomic energy :
(1) A program of assisting and fostering private research and
development to encourage maximum scientific progress;
(2) A program for the control of scientific and technical informa-
tion 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 accom-
plishment;
(4) A program for Government control of the production, owner-
ship, 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
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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
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 Commis-
sion. The President shall designate one member as Chairman of the
Commission.
(2) Members of the Commission shall be appointed by the Presi-
dent, 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 the expiration
of two years after the date of enactment of this Act shall expire upon
the expiration of such two years. The term of office 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 expire, 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 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 $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, voca-
tion, 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 representa-
tive may exercise any or all of its powers in any place. The Com-
mission 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 of the
administrative 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.
(B) a Division of Research, a Division of Production, a Divi-
sion of Engineering, and a Division of Military Application.
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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.
(b) GENERAL ADVISORY Comi%,iirEE.-here 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 desig-
nated 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
receive their necessary traveling or other expenses while engaged in
the work of the Committee.
(c) MILITARY LIAISON Commi=E.-There shall be a Military
Liaison Committee consisting of representatives of the Departments
of War and Navy, detailed or assigned thereto, without additional com-
lierisation, 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 deems
to relate to military applications, including the development, manu-
facture, 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 War and Navy Departments. The Committee
shall have authority to make written recommendations to the Com-
mission 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 matters is adverse to the responsibilities of the Departments
of War or Navy, derived from the Constitution, laws, and treaties, the
Committee may refer such action, proposed action, or failure to act
to the Secretaries of War and Navy. If either Secretary concurs, he
may refer the matter to the President, whose decision shall be final.
(d) 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
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tYUB. LAW 585.1 4
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 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.
RESEARCH
SEC. 3. (a) RESEARCH ASSISTANCE.-The Commission 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 Commission 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) upon certification by the Commission that such action is neces-
sary 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.
(b) RESEARCH BY THE CoMMIssIoN.-The Commission 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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PRODUCTION OF FISSIONABLE MATERIAL
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 con-
tained 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 or 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 TILE COMMISSIONS 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 per-
son 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) pro-
hibiting 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
regulations which may be prescribed by the Commission. 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
thq Commission that such action is necessary in the interest of
thq common. defense and security, or upon a showing that adver-
tis].ng is not reasonably practicable, and partial and advance
payments may be made under such contracts. The President
shall determine at least once each year the quantities of fissionable
material to be produced under this paragraph.
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(3) OPERATION OF OTHER PRODUCTION FACILITIES.-Fissionable
material may be produced in the conduct of research and develop-
ment 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 increasing the
supply of radioactive materials, the Commission 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.- Unless authorized
by a license issued by the Commission, no 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 establish 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, pro-
duction, 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 manufac-
turing or producing such facilities for its own use.
CONTROL OF MATERIALS
SEC. 5. (a) FISSIONABLE MATERIALS.-
( ) DEFINITION.-As used in this Act, the term "fissionable
material" means plutonium, uranium enriched 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).
2) GOVERNMENT OWNERSHIP OF ALL FISSIONABLE MATERIAL.-All
rig t, 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 com-
pensation 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, 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) 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.
(4) DISTRIBUTION OF FISSIONABLE MATERIAL.-Without prejudice
to its continued ownership thereof, the Commission is authorized to
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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 Com-
mission is directed to distribute sufficient fissionable material to permit
the conduct of widespread independent research and development
activity, to the maximum extent practicable. In determining the
quantities of fissionable material to be distributed, the Commission
shall make such provisions for its own needs and for the conservation
of fissionable material as it may determine to be necessary in the
national interest for the future development of atomic energy. The
Commission shall not distribute any material to any applicant, and
shall recall any distributed material from any applicant, who is not
equipped to observe or who fails to observe such safety standards to
protect health and to minimize danger from explosion or other hazard
to life or property as may be established by the Commission, or who
uses such material in violation of law or regulation of the Commission
or in a manner other than as disclosed in the application therefor.
(5) T11e Commission is authorized to purchase or otherwise acquire
any fissionable material or any interest therein outside the United
States, or any interest in facilities for the production of fissionable
material, or in real property on which such facilities are located,
without regard to the provisions of section 3709 of the Revised
Statutes (U. S. C., title 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 that advertising is not reasonably
practicable, and partial and advance payments may be made under
contracts for such purposes. The Commission is further authorized
to take, requisition, or condemn, or otherwise acquire any interest in
such facilities or real property, and just compensation shall be made
therefor.
(b) SOURCE MATERIALS.-
(1) DEFINITION.-As used in this Act, the term "source material"
means uranium, thorium, or any other material which is determined
by the Commission, with the approval of the President, to be peculiarly
essential to the production of~fissionable materials; but includes ores
only if they contain one or more of the foregoing materials in such
concentration as the Commission may by regulation determine from
time to time.
(2) LICENSE FOR TRANSFERS REQUIRED.-Unless authorized by a
license'issued by the Commission, no person may transfer or deliver,
receive possession of or title to, or export from the United States any
source material after removal from its place of deposit in nature,
except that licenses shall not be required for quantities of source
materials which, in the opinion of the Commission, are unimportant.
(3) ISSUANCE OF LICENSES.-The Commission shall establish such
standards for the issuance, refusal, or revocation of licenses as it may
deem necessary to assure adequate source materials for production,
research, or development activities pursuant to this Act or to prevent
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the use of such materials in a manner inconsistent with the national
welfare. Licenses shall be issued in accordance with such procedures
as the Commission may by regulation establish.
(4) REPORTING.-The Commission is authorized to issue such regu-
lations or orders requiring reports of ownership, possession, extraction,
refining, shipment, or other handling of source materials as it may
deem necessary, except that such reports shall not be required with
respect to (A) any source material prior to removal from its place of
deposit in nature, or (B) quantities of source materials which in the
opinion of the Commission are unimportant or the reporting of which
will discourage independent prospecting for new deposits.
(5) ACQUISITION.-The Commission is authorized and directed to
purchase, take, requisition, condemn, or otherwise acquire, supplies
of source materials or any interest in real property containing deposits
of source materials to the extent it deems necessary to effectuate the
provisions of this Act. Any purchase made under 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
Commission that such action is necessary in the interest of the common
defense and security, or upon a showing that advertising is not reason-
ably practicable, and partial and advance payments may be made
thereunder. The Commission may establish guaranteed prices for all
source materials delivered to it within a specified time. Just com-
pensation shall be made for any property taken, requisitioned, or
condemned under this paragraph.
(6) EXPLORATION.-The Commission is authorized to conduct and
enter into contracts for the conduct of exploratory operations, inves-
tigations, and inspections to determine the location, extent, mode of
occurrence, use, or conditions of deposits or supplies of source mate-
rials, making just compensation for any damage or injury occasioned
thereby. Such exploratory operations may be conducted only with
the consent of the owner, but such investigations and inspections
may be conducted with or without such consent.
(7) PUBLIC LANDS.-All uranium, thorium, and all other materials
determined pursuant to paragraph (1) of this subsection to be
peculiarly essential to the production of fissionable material, con-
tained, in whatever concentration, in deposits in the public lands are
hereby reserved for the use of the United States subject to valid claims,
rights, or privileges existing on the date of the enactment of this Act :
Provided, however, That no individual, corporation, partnership, or
association, which had any part, directly or indirectly, in the develop-
ment of the atomic bomb project, may benefit by any location, entry,
or settlement upon the public domain made after such individual,
corporation, partnership, or association took part in such project,
if such individual, corporation, partnership, or association, by reason
of having had such part in the development of the atomic bomb proj-
ect, acquired confidential official information as to the existence of
deposits of such uranium, thorium, or other materials in the specific
lands upon which such location, entry, or settlement is made, and
subsequent to the date of the enactment of this Act made such loca-
tion, entry, or settlement or caused the same to be made for his, its,
or their benefit. The Secretary of the Interior shall cause to be inserted
in every patent, conveyance, lease, permit, or other authorization
hereafter granted to use the public lands or their mineral resources,
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under any of which there might result the extraction of any materials
so reserved, a reservation to the United States of all such materials,
whether or not of commercial value, together with the right of the
United States through its authorized agents or representatives at
any time to enter upon the land and prospect for, mine, and remove
the same, making just compensation for any damage or injury occa-
sioned thereby. Any lands so patented, conveyed, leased, or otherwise
disposed of may be used, and any rights under any such permit or
authorization may be exercised, as if no reservation of such materials
had been made under this subsection ; except that, when such use
results in the extraction of any such material from the land in quan-
tities which may not be transferred or delivered without a license
under this subsection, such material shall be the property of the Com-
mission and the Commission may require delivery of such material
to it by any possessor thereof after such material has been separated
as such from the ores in which it was contained. If the Commission
requires the delivery of such material to it, it shall pay to the person
mining or extracting the same, or to such other person as the Com-
mission determines to be entitled thereto, such sums, including profits,
as the Commission deems fair and reasonable for the discovery, min-
ing, development, production, extraction, and other services performed
with respect to such material prior to such delivery, but such pay-
ment shall not include any amount on account of the value of such
material before removal from its place of deposit in nature. If the
Commission does not require delivery of such material to it, the reser-
vation made pursuant to this paragraph shall be of no further force
or effect.
(c) BYPRODUCT MATERIALS.-
(1) DEFINITION.-As used in this Act, the term "byproduct mate-
rial" means any radioactive material (except fissionable material)
yielded in or made radioactive by exposure to the radiation incident
to the processes of producing or utilizing fissionable material.
(2) DISTRIBUTION.-The Commission is authorized to distribute,
with or without charge, byproduct materials to applicants seeking such
materials for research or development activity, medical therapy, indus-
trial uses, or such other useful applications as may be developed. In
distributing such materials, the Commission shall give preference to
applicants proposing to use such materials in the conduct of research
and development activity or medical therapy. The Commission shall
not distribute any byproduct materials to any applicant, and shall
recall any distributed materials from any applicant,, who is not
equipped to observe or who fails to observe such safety standards to
protect health as may be established by the Commission or who uses
such materials in violation of law or regulation of the Commission
or in a manner other than as disclosed in the application therefor.
(d) GENERAL PROVISIONS.-The Commission shall not-
(1) distribute any fissionable material to (Ay any person for
a tje which is not under or within the jurisdiction of the United
States, (B) any foreign government, or (C) any person within
the United States if, in the opinion of the Commission, the distri-
bution of such fissionable material to such person would be
inimical to the common defense and security.
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(2) license any person to transfer or deliver, receive possession
of or title to, or export from the United States any source material
if, in the opinion of the Commission, the issuance of a license to
such person for such purpose would be inimical to the common
defense and security.
MILITARY APPLICATIONS OF ATOMIC ENERGY
SEC. 6 (a) Auraonrry.-The Commission is authorized to-
(1) conduct experiments and do research and development
work in the military application of atomic energy; and
(2) engage in the production of atomic bombs, atomic bomb
parts, or other military weapons utilizing fissionable materials;
except that such activities shall be carried on only to the extent
that the express consent and direction of the President of the
United States has been obtained, which consent and direction shall
be obtained at least once each year.
The President from time to time may direct the Commission (1) to
deliver such quantities of fissionable materials or weapons to the armed
forces for such use as he deems necessary in the interest of. national
defense or (2) to authorize the armed forces to manufacture, produce,
or acquire any equipment or device utilizing fissionable material or
atomic energy as a military weapon..
(b) PROHIBITION.-It shall be unlawful for any person to manu-
facture, produce, transfer, or acquire any equipment or device utilizing
fissionable material or atomic energy as a military weapon, except as
may be authorized by the Commission. Nothing in this subsection
shall be deemed to modify the provisions of section 4 of this Act, or
to prohibit research activities in respect of military weapons, or to
permit the export of any such equipment or device.
UTILIZATION OF ATOMIC ENERGY
SEC. 7. (a) LICENSE REQUIRED.-It shall be unlawful, except as pro-
vided in sections 5 (a) (4) (A) or (B) or 6 (a), for any person to
manufacture, produce, or export any equipment or device utilizing
fissionable material or atomic energy or to utilize fissionable material
or atomic energy with or without such equipment or device, except
under and in accordance with a license ,issued by the Commission
authorizing such manufacture, production, export, or utilization. No
license may permit any such activity if fissionable material is produced
incident to such activity, except as provided in sections 3 and 4.
Nothing in this section shall be deemed to require a license for the
conduct of research or development activities relating to the manufac-
ture of such equipment or devices or the utilization of fissionable
material or atomic energy, or for the manufacture or use of equipment
or devices for medical therapy.
(b) REPORT TO CoNOnEss.-Wllenever in its opinion any industrial,
commercial, or other nonmilitary use of fissionable material or atomic
energy has been sufficiently developed to be of practical value, the
Commission shall prepare a report to the President stating all the
.facts with respect to such use, the Commission's estimate of the social,
political, economic, and international effects of such use and the Com-
mission's recommendations for necessary or desirable supplemental
legislation. The President shall then transmit this report to the
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Congress together with his recommendations. No license for any
manufacture, production, export, or use shall be issued by the Commis-
sion under this section until after (1) a report with respect to such
manufacture, production, export, or use has been filed with the Con-
gress; and (2) a period of ninety days in which the Congress was in
session has elapsed after the report has been so filed. In computing
such period of ninety days, there shall be excluded the days on which.
either House is not in session because of an adjournment of more than
three days.
(c) ISSUANCE OF LICENSES.-After such ninety-day period, unless
hereafter prohibited by law, the Commission may license such manu-
facture, production, export, or use in accordance with such procedures
and subject to such conditions as it may by regulation establish to
effectuate the provisions of this Act. The Commission is authorized
and directed to issue licenses on a nonexclusive basis and to supply
to the extent available appropriate quantities of fissionable material
to licensees (1) whose proposed activities will serve some useful pur-
pose proportionate to the quantities of fissionable material to be con-
sumed; (2) who are equipped to observe such safety standards to
protect health and to minimize danger from explosion or other hazard
to life or property as the Commission may establish; and (3) who
agree to make available to the Commission such technical information
and data concerning their activities pursuant to such licenses as the
Commission may determine necessary to encourage similar activities
by as many licensees as possible. Each such license shall be issued
for a speci$ed period, shall be revocable at any time by the Commission
in accordance with such procedures as the Commission may establish,
and may be renewed upon the expiration of such period. Where
activities under any license might serve to maintain or to foster the
growth of monopoly, restraint of trade, unlawful competition, or
other trade position inimical to the entry of new, freely competitive
enterprises in the field, the Commission is authorized and directed
to refuse to issue such license or to establish such conditions to prevent
these results as the Commission, in consultation with the Attorney
General, may determine. The Commission shall report promptly to
the Attorney General any, information it may have with respect to
any utilization of fissionable material or atomic energy which appears
to have these results. No license may be given to any person for
activities which are not under or within the jurisdiction of the United
States, to any foreign government, or to any person within the United
States if, in the opinion of the Commission, the issuance of a license
to such person would be inimical to the common defense and security.
(d) BYPRODUCT POWER.-If energy which may be utilized is pro-
duced in the production of fissionable material, such energy may be
used by the Commission, transferred to other Government agencies,
or sold to public or private utilities under contracts providing for
reasonable resale prices.
INTERNATIONAL ARRANGEMENTS
SEC. 8. (a) DEFINITION.-As used in this Act, the term "inter-
national arrangement" shall mean any treaty approved by the Senate
or international agreement hereafter approved by the Congress,
during the time such treaty or agreement is in full force and effect.
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(b) EFFECT OF INTERNATIONAL ARRANGEMENTS.-Any provision of
this Act or any action of the Commission to the extent that it conflicts
with the provisions of any international arrangement made after the
date of enactment of this Act shall be deemed to be of no further force
or effect.
(c) POLICIES CONTAINED IN INTERNATIONAL ARRANGEMENTS.-In the
.performance of its functions under this Act, the Commission shall give
maximum effect to the policies contained in any such international
arrangement.
PROPERTY OF THE COMMISSION
SEC. 9. (a) The President shall direct the transfer to the Com-
mission of all interests owned by the United States or any Government
agency in the following property :
(1) 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 infoi?mation of any kind, and the source thereof (includ-
ing data, drawings, specifications, patents, patent applications, and
other sources (relating to the processing, 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 con-
cerning any such items;
(2) All facilities, equipment, and materials, devoted primarily to
atomic energy research and development; and
(3) Such other property owned by or in the custody or control of
the Manhattan Engineer District or other Government agencies as
the President may determine.
(b) In order to render financial assistance to those States and
localities in which the activities of the Commission are carried on and
in which the Commission has acquired property previously subject to
State and local taxation, the Commission is authorized to make pay-
ments to State and local governments in lieu of property taxes. Such
payments may be in the amounts, at the times, and upon the terms the
Commission deems appropriate, but the Commission shall be guided
by the policy of not making payments in excess of the taxes which
would have been payable for such property in the condition in which
it was acquired, except in cases where special burdens have been cast
upon the State or local government by activities of the Commission,
the Manhattan Engineer District or their agents. In any such case,
any benefit accruing to the State or local government by reason of such
activities shall be considered in determining the amount of the pay-
ment. The Commission, and the property, activities, and income of
the Commission, are hereby expressly exempted from taxation in any
manner or form by any State, county, municipality, or any subdivi-
sion thereof.
CONTROL OF INFORMATION
SEC. 10. (a) POLICY.-It shall be the policy of the Commission to
control the dissemination of restricted data in such a manner as to
assure the common defense and security. Consistent with such policy,
the Commission shall be guided by the following principles :
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(1) That until Congress declares by joint resolution that effec-
tive and enforceable international safeguards against the use of
atomic energy for destructive purposes have been established,
there shall, be no exchange of information with other nations with
respect to the use of atomic energy for industrial purposes; and
(2) That the dissemination of scientific and technical infor-
mation relating to. atomic energy should be permitted and encour-
aged so as to provide that free Interchange of ideas and criticisms
which is essential to scientific progress.
b) The term "restricted data" as used in this section means all
data concerning the manufacture or utilization of atomic weapons,
the production of fissionable material, or the use of fissionable material
in the production of power, but shall not include any data which the
Commission from time to time determines may be published without
adversel affecting the common defense and security.
(2) Whoever, lawfully or unlawfully, having possession of, access
to, control over, or being entrusted with, any document, writing,
sketch, photograph, plan, model, instrument, appliance, note or infor-
mation involving or incorporating restricted data-
A) communicates, transmits, or discloses the same to any
individual or person, or attempts or conspires to do any of the
f oregoing, with intent to injure the United States or with intent
to secure an advantage to any foreign nation, upon conviction
thereof, shall be punished by death or imprisonment for life
(but the penalty of death or imprisonment for life may be
imposed only upon recommendation of the jury and only in cases
where the offense was committed with intent to injure the United
States) ; or by a fine of not more than $20,000 or imprisonment for
not more than twenty years, or both ;
(B) communicates, transmits, or discloses the same to any
individual or person, or attempts or conspires to do any of the
foregoing, with reason to believe such data will be utilized to
injure the United States or to secure an advantage to any foreign
nation, shall, upon conviction, be punished by a fine of not more
than $10,000 or imprisonment for not more than ten years, or
both.
(3) Whoever, with intent to injure the United States or with intent
to secure an advantage to any foreign nation, acquires or attempts or
conspires to acquire any document, writing, sketch, photograph, plan,
model, instrument; app liance, note or information involving or incor-
porating restricted data shall, upon conviction thereof, be punished
by death or imprisonment for life (but the penalty of death or im ris-
onment for life may be imposed only upon recommendation of the
jury and only in cases where the offense was committed with intent to
Injure the United States) ; or by a fine of not more than $20,000 or
imprisonment for not more than twenty years, or both. .
(4) Whoever, with intent to injure the United States or with intent
to secure an advantage to any foreign nation, removes, conceals,
tampers with, alters, mutilates, or destroys any document, writing,
sketch, photograph, plan, model, instrument, appliance, or note involv-
ing or, incorporating restricted data and used by any individual or
person in connection with the production of fissionable material, or
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research or development relating to atomic energy, conducted by the
United States, or financed in whole or in part by Federal funds, or
conducted with the aid of fissionable material, shall be punished by
death or imprisonment for life (but the penalty of death or imprison-
ment for life may be imposed only upon recommendation of the jury
and only in cases where the offense was committed with intent to
injure the United States) ; or by a fine of not more than $20,000 or
imprisonment for not more than twenty years or both.
(5) (A) No person shall be prosecuted for any violation under this
section unless and until the Attorney General of the United States has
advised the Commission with respect to such prosecution and no such
prosecution shall be commenced except upon the express direction of
the Attorney General of the United States.
(B) (i) No arrangement shall be made under section 3, no contract
shall be made or continued in effect under section 4, and no license
shall be issued under section 4 (e) or 7, unless the person with whom
such arrangement is made, the contractor or prospective contractor,
or the prospective licensee agrees in writing not to permit any indi-
vidual to have access to restricted data until the Federal Bureau of
Investigation shall have made an investigation and report to the Com-
mission on the character, associations, and loyalty of such individual
and the Commission shall have determined that permitting such person
to have access to restricted data will not endanger the common defense
or security.
(ii) Except: as authorized by the Commission in case of emergency,
no individual shall be employed by the Commission until the Federal
Bureau of Investigation shall have made an investigation and report
to the Commission on the character, associations, and loyalty of such
individual.
iii) Notwithstanding the provisions of subparagraphs (i) and
(ii), during such period of time after the enactment of this Act as
may be necessary to make the investigation, report, and determination
required by such paragraphs, (a) any individual who was permitted
access to restricted data by the Manhattan Engineer District may be
permitted access to restricted data and (b) the Commission may
employ any individual who was employed by the Manhattan Engineer
District.
(iv) To protect against the unlawful dissemination of restricted
data and to safeguard facilities, equipment, materials, and other
property of the Commission, the President shall have authority to
utilize the services of any Government agency to the extent he may
deem necessary or desirable.
(C) All. violations of this Act shall be investigated by the Federal
Bureau of Investigation of the Department of Justice.
(6) This section shall not exclude the applicable provisions of any
other laws, except that no Government agency shall take any action
under such other laws inconsistent with the provisions of this section.
(c) INSPECTIONS, RECORDS, AND REPORTS.-Tile Commission is-
(1) authorized by regulation or order to require such reports
and the keeping of such records with respect to, and to provide
for such inspections of, activities and studies of types specified
in section 3 and of activities under licenses issued pursuant to
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section 7 as may be necessary to effectuate the purposes of this
Act;
(2) authorized and directed by regulation or order to require
regular reports and records with respect to, and to provide for fre
quent inspections of, the production of fissionable material in
the conduct of research and development activities.
PATENTS AND INVENTIONS
SEC. 11. (a) PRODUCTION AND MILITARY UTILIZATION.
(1) No patent shall hereafter be granted for any invention or
discovery which is useful solely in the production of fissionable mate-
rial or in the utilization of fissionable material or atomic energy for
a military weapon. Any patent granted for any such invention or
discovery is hereby revoked, and just compensation shall be made
therefor.
(2) No patent hereafter granted shall confer any rights with respect
to any invention or discovery to the extent that such invention or
discovery is used in the production of fissionable material or in the
utilization of fissionable material or atomic energy for a military
weapon. Any rights conferred by any patent heretofore granted for
any invention or discovery are hereby revoked to the extent that such
invention or discovery is so used, and just compensation shall be
made therefor.
(3) Any person who has made or hereafter makes any invention
or discovery useful in the production of fissionable material or in the
utilization of fissionable material or atomic energy for a military
weapon shall file with the Commission a report containing a complete
.description thereof, unless such invention or discovery is described in
an application for a patent filed in the Patent Office by such person
within the time required for the filing of such report. The report
covering any such invention or discovery shall be filed on or before
whichever of the following is the latest : (A) The sixtieth day after
the date of enactment of this Act; (B) the sixtieth day after the com-
pletion of such invention or discovery; or (C) the sixtieth day after
such person first discovers or first has reason to believe that such
invention or discovery is useful in such production or utilization.
(b) USE OF INVENTIONS FOR RESEARCH.-NO patent hereafter granted
shall confer any rights with respect to any invention or discovery to
the extent that such invention or discovery is used in the conduct of
research or development activities in the fields specified in section 3.
Any rights conferred by any patent heretofore granted for any inven-
tion or discovery are hereby revoked to the extent that such invention
or discovery is so used, and just. compensation shall be made therefor.
(C) NONMILITARY UTILIZATION.-
(1) It shall be the duty of the Commission to declare any patent to
-be affected with the public interest if (A) the invention or discovery
covered by the patent utilizes or is essential in the utilization of fission-
able material or atomic energy; and (B) the licensing of such inven-
tion or discovery under this subsection is necessary to effectuate the
policies and purposes of this Act.
(2) Whenever any patent has been declared, pursuant to paragraph
(1), to be affected with the public interest-
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(A) The Commission is hereby licensed to use the invention or
discovery covered by such patent in performing any of its powers
under this Act; and
(B) Any person to whom a license has been issued under section
7 is hereby licensed to use the invention or discovery covered by
such patent to the extent such invention or discovery is used by him
in carrying on the activities authorized by his license under
section 7.
The owner of the patent shall be entitled to a reasonable royalty fee
for any use of an invention or discovery licensed by this subsection.
Such royalty fee may be agreed upon by such owner and the licensee,
or in the absence of such agreement shall be determined by the
Commission.
(3) No court shall have jurisdiction or power to stay, restrain,
or otherwise enjoin the use of any invention or discovery by a licensee,
to the extent that such use is licensed by paragraph (2) above, on
the ground of infringement of any patent. If in any action for
infringement against such licensee the court shall determine that the
defendant is exercising such license, the measure of damages shall
be the royalty fee determined pursuant to this section, together with
such costs, interest, and reasonable attorney's fees as may be fixed
by the court. If no royalty fee has been determined, the court shall
stay the proceeding until the royalty fee is determined pursuant to
this section. If any such licensee shall fail to pay such royalty fee,
the patentee may bring an action in any court of competent jurisdiction
for such royalty fee, together with such costs, interest, and reasonable
attorney's fees as may be fixed by the court.
(d) ACQUISITION OF PATENTS.-The Commission is authorized to
purchase, or to take, requisition, or condemn, and make just compen-
sation for, (1) any invention or discovery which is useful in the
production of fissionable material or in the utilization of fissionable
material or atomic energy for a military weapon, or which utilizes
or is essential in the utilization of fissionable. material or atomic energy,
or (2) any patent or patent application covering any such invention
or discovery. The Commissioner of Patents shall notify the Com-
mission of all applications for patents heretofore or hereafter filed
which in his opinion disclose such inventions or discoveries and shall
provide the Commission access to all such applications.
(e COMPENSATION AWARDS, AND ROYALTIES.-
(1) PATENT COMPENSATION BOARD.-The Commission shall desig-
nate a Patent Compensation Board, consisting of two or more
employees of the Commission, to consider applications under this
subsection.
(2) ELIGIBILITY:- -
(A) Any owner of a patent licensed under subsection-(c) (2)
or any licensee thereunder may make application to the Commis-
sion for the determination of a reasonable royalty fee in accord-
ance with such procedures as it by regulation may establish.
(B) Any person seeking to obtain the just compensation pro-
vided in subsections (a), (b), or (d) shall make application
therefor to the Commission in accordance with such procedures
as it may by regulation establish.
(C) Any person making any invention or discovery useful in
the production of fissionable material or in the utilization of
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17 Jpus. Lew 58
fissionable material or atomic energy for a military weapon who
is not entitled to compensation therefor under subsection (a) and
who has complied with subsection (a) (3) above may make appli-
cation to the Commission for, and the Commission may grant, an
award.
(D) Any person making application under this subsection
shall have the right to be represented by counsel.
(A) In determining such reasonable royalty fee, the Commis-
sion $hall take into consideration any defense, general or special,
that might be pleaded by a defendant in an action for infringe-
ment, the extent to which, if any, such patent was developed
through federally financed research, the degree of utility, novelty,
and importance of the. invention or discovery, and may consider
the cost to the owner of the patent of developing such invention
or discovery or acquiring such patent.
(B) In determining what constitutes just compensation under
subsection (a), (b), or (d) above, the Commission shall take into
account the considerations set forth in paragraph (A) above, and
the actual use of such invention or discovery, and may determine
that such compensation be paid in periodic payments or in a
lump sum.
(C) In determining the amount of any award under para-
graph (2) (C) of this subsection, the Commission shall take into
account the considerations set forth in paragraph (A) above,
and the actual use of such invention or discovery. Awards so
made may be paid by the Commission in periodic payments or
in a lump sum.
(4) JUDICIAL REVIEW.-Any person aggrieved by any determination
of the Commission of an award or of a reasonable royalty fee may
obtain a review of such determination in the Court of Appeals for the
District of Columbia by filing in such court, within thirty days after
notice of such determination, a written petition praying that such
determination be set aside. A copy of such petition shall be forthwith
served upon the Commission and thereupon the Commission shall file
with the court a certified transcript of the entire record in the pro-
ceeding, including the findings and conclusions upon which the deter-
mination was based. Upon the filing of such transcript the court shall
have exclusive jurisdiction upon the record certified to it to affirm the
determination in its entirety or set it aside and remand it to the Com-
mission for further proceedings. The findings of the Commission as
to the facts, if supported by substantial evidence, shall be conclusive.
The court's judgment shall be final, subject, however, to review by
the Supreme Court of the United States upon writ of certiorari on
petition therefor under section 240 of the Judicial Code (U. S. C.,
title 28, sec. 347), by the Commission or any party to the court pro-
ceeding.
GENERAL AUTHORITY
SEC. 12. (a) In the performance of its functions the Commission
is authorized to-
(1) establish advisory boards to advise with and make recom-
mendations to the Commission on legislation, policies, adminis-
tration, research, and other matters;
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,eUB. LAW 585, 18
(2) establish by regulation or order such standards and
instructions to govern the possession and use of fissionable and
byproduct materials as the Commission may deem necessary or
desirable to protect health or to minimize danger from explosions
and other hazards to life or property;
- (3) make such studies and investigations, obtain such infor-
mation, and hold such hearings as the Commission may deem
necessary or proper to assist it in exercising any authority pro-
vided in this Act, or in the administration or enforcement of
this Act, or any regulations or orders issued thereunder. For
such purposes the Commission is authorized to administer oaths
and affirmations, and by subpena to require any person to appear
and testify, or to appear and produce documents, or both, at any
designated place. No person shall be excused from complying
with any requirements under this paragraph because of his priv-
ilege against self-incrimination, but the immunity provisions of
the Compulsory Testimony Act of February 11, 1893 (U. S. C.,
title 49, sec. 46), shall apply with respect to any individual who
specifically claims such privilege. Witnesses subpenaed under
this subsection shall be paid the same fees and mileage as are paid
witnesses in the district courts of the United States;
(4) appoint and fix the compensation of such officers and
employees as may be necessary to carry out the functions of the
Commission. Such officers and employees shall be appointed in
accordance with the civil-service laws and their compensation
fixed in accordance with the Classification Act of 1923, as amended,
except that to the extent the Commission deems such action nec-
essary to the discharge of its responsibilities, personnel may be
employed and their compensation fixed without regard to such
laws. The Commission shall make adequate provision for admin-
istrative review of any determination to dismiss any employee;
(5) acquire such materials, property, equipment, and facilities,
establish or construct such buildings and facilities, and modify
such buildings and facilities from time to time as it may deem
necessary, and construct, acquire, provide, or arrange for such
facilities and services at project sites where such facilities and
services are not available) for the housing, health, safety, welfare,
and recreation of personnel employed by the Commission as it
may deem necessary;
(6) with the consent of the agency concerned, utilize or employ
the services or personnel of any Government agency or any State
or local government, or voluntary or uncompensated personnel,
to perform such functions on its behalf as may appear desirable;
(7) acquire, purchase, lease, and hold real and personal prop-
erty as agent of and on' behalf of the United States and to sell,
lease, grant, and dispose of such real and personal property as
provided in this Act; and.
(8) without regard to the provisions of the Surplus Property
Act of 1944 or any other law, make such disposition as it may
deem desirable of (A) radioactive materials, and (B) any other
property the special disposition of which is, in the opinion of
the Commission, in the interest of the national security.
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_(b) SECURITY.-The President may, in advance, exempt any specific
action of the Commission in a particular matter from the provisions
of law relating to contracts whenever he determines that such action
is essential in the interest of the common defense and security.
(c) ADVISORY COMMITTEES.-The members of the General Advisory
Committee established pursuant to section 2 (b) and the members of
advisory boards established pursuant to subsection (a) (1) of this
seetion may serve as such without regard to the provisions of sections
109 and 113 of the Criminal Code (18 U. S. C., secs. 198 and 203) or
,section 19 (e) of the Contract Settlement Act of 1944, except insofar
as such sections may prohibit any such member from receiving com-
pensation in respect of any particular matter which directly involves
the Commission or in which the Commission is directly interested.
COMPENSATION FOR PRIVATE PROPERTY ACQUIRED
SEC. 13 (a). The United States shall make just compensation for
any property or interests therein taken or requisitioned pursuant to
sections 5 and 11. The Commission shall determine such compensa-
tion. If the compensation so determined is unsatisfactory to the
person entitled thereto, such person shall be paid 50 per centum of the
amount so determined, and shall be entitled to sue the United States
in the Court of Claims or in any district court of the United States in
the manner provided by sections 24 (20) and 145 of the Judicial Code
to recover such further sum as added to said 50 per centum will make
up such amount as will be just compensation.
(b) In the exercise of the rights of eminent domain and condemna-
tion, proceedings may be instituted under the Act of August 1, 1888
U. S. C., title 40, sec. 257), or any other applicable Federal statute.
Upon or after the filing of the condemnation petition, immediate
possession may be taken and the property may be occupied, used, and
improved for the purposes of this Act, notwithstanding any other law.
Real pproperty acquired by purchase, donation, or other means of
transfer may also be occupied, used, and improved for the purposes
of this Act, prior to approval of title by the Attorney General.
JUDICIAL REVIEW AND AEMINISTRATIVE PROCEDURE
SEC. 14. (a) Notwithstanding the provisions of section 12 of the
Administrative Procedure Act (Public Law 404, Seventy-ninth Con-
gress, approved June 11, 1946) which provide when such Act shall
take effect, section 10 of such Act (relating to judicial review) shall
be applicable, upon the enactment of this Act, to any agency action
under the authority of this Act or by any agency created by or under
the provisions of this Act.
(b) Except as provided in subsection (a), no provision of this Act
shall be held to supersede or modify the provisions of the Administra-
five Procedure Act.
(e) As used in this section the terms "agency action" and "agency"
shall have the same meaning as is assigned to such terms in the
Administrative Procedure Act.
JOINT COMMITTEE ON ATOMIC ENERGY
SEC. 15. (a) There is hereby established a Joint Committee on
Atomic Energy to be composed of nine Members of the Senate to be
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.ruB. Lew 585.1 20
appointed by the President of the Senate, and nine Members of the
House of Representatives to be appointed by the Speaker of the
House of Representatives. In each instance not more than five mem-
bers shall be members of the same political party.
(b) The joint committee shall make continuing studies of the
activities of the Atomic Energy Commission and of problems relating
to the development, use, and control of atomic energy. The Commis-
sion shall keep the joint committee fully and currently informed with
respect to the Commission's activities. All bills, resolutions, and
other matters in the Senate or the House of Representatives relating
primarily to the Commission or to the development, use, or control
of atomic energy shall be referred to the joint committee. The mem-
bers of the joint committee who are Members of the Senate shall
from time to time report to the Senate, and the members of the joint
committee who are Members of the House of Representatives shall
from time to time report to the House, by bill or otherwise, their
recommendations with respect to matters within the jurisdiction of
their respective Houses which are (1) referred to the joint coin-
mittee or (2) otherwise within the jurisdiction of the joint committee.
(c) Vacancies in the membership of the joint committee shall not
.affect the power of the remaining members to execute the functions
of the joint committee, and shall be filled in the same manner as in
the case of the original selection. The joint committee shall select
.a chairman and a vice chairman from among its members.
(d) The joint committee, or any duly authorized subcommittee
thereof, is authorized to hold such hearings, to sit and act at such
places and times, to require, by subpena or otherwise, the attendance
of such witnesses and the production of such books, papers, and docu-
ments, to administer such oaths, to take such testimony, to procure
such printing and binding, and to make such expenditures as it deems
advisable. The cost of stenographic services to report such hearings
shall not be in excess of 25 cents per hundred. words. The provisions
'of sections 102 to 104, inclusive, of the Revised Statutes shall apply
in case of any failure of any witness to comply with a subpena or to
testify when summoned under authority of this section.
(e) The joint committee is empowered to appoint and fix the com-
tpensation of such experts, consultants, technicians, and clerical and
.stenographic assistants as it deems necessary and advisable, but the
compensation so fixed shall not exceed the compensation prescribed
under the Classification Act of 1923, as amended, for comparable
duties. The committee is authorized to utilize the services, informa-
tion, facilities, and personnel of the departments and establishments
of the Government.
ENFORCEMENT
SEC. 16. (a) Whoever willfully violates, attempts to violate, or
conspires to violate, any provision of sections 4 (b), 4 (a), 5 (a) (3),
,or 6 (b) shall, upon conviction thereof, be punished by a fine of not
more than $10,000 or by imprisonment for not more than five years, or
both, except that whoever commits such an offense with intent to
injure the United States or with intent to secure an advantage to any
foreign nation shall, upon conviction thereof, be punished by death
or imprisonment for life (but the penalty of death or imprisonment
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for life may be imposed only upon recommendation of the jury and
only in cases where the offense was committed with intent to injure
the United States) ; or by a fine of not more than $20,000 or by
imprisonment for not more than twenty years, or both.
(b) Whoever willfully violates, attempts to violate, or conspires to
violate, any provision of this Act other than those specified in sub-
section (a) and other than section 10 (b), or of any regulation or
order prescribed or issued under sections 5 (b) (4), 10 (c), or 12
(a) (2), shall, upon conviction thereof, be punished by a fine of not
more than $5,000 or bimprisonment for not more than two years,
or both, except that whoever commits such an offense with intent to
ii1jure the United States` or with intent to secure an advantage to
any foreign nation shall, upon conviction thereof, be punished by a
fine of not more than $20,000 or by imprisonment for not more than
twenty years, or both.
(c) Whenever in the judgment of the Commission any person has
engaged or is about to engage in any acts or practices which constitute
or will constitute a violation of any provision of this Act, or any
regulation or order issued thereunder, it may make application to
the appropriate court for an order enjoining such acts or practices,
or fo'r an order enforcing compliance with such provision, and upon
a. showing by the Commission that such person has engaged or is about
to engage in any such acts or practices a permanent or temporary
injunction, restraining order, or other order may be granted.
;_ (d) In case of failure of refusal tu obey a subpena served upon
any person pursuant to section 12 (a) (3), the district court for any
district in which such person is found or resides or transacts business,
upon application by the Commission, shall have jurisdiction to issue
an order requiring such person to appear and give testimony or to
appear and produce documents, or both, in accordance with the sub-
pena; and any failure to obey such order of the court may be punished
by such court as a contempt thereof.
REPORTS
SEC. 17. The Commission shall submit to the Congress, in January
and July of each year, a report concerning the activities of the Com-
mission. The Commission shall include in such report, and shall at
such other times as it deems desirable submit to the Congress, such
recommendations for additional legislation as the Commission deems
necessary or desirable.
DEFINITIONS
SEC. 18. As used in this Act-
(a) The term "atomic energy" shall be construed to mean all forms
of energy released in the course of or as a result of nuclear fission or
nuclear transformation.
(b) The term "Government agency" means any executive depart-
ment, commission, independent establishment, corporation wholly or
partly owned by the United States which is an instrumentality of
the United States, board, bureau, division, service, office, officer, author-
ity, administration, or other establishment, in the executive branch
of the Government.
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(c) The term "person" means any individual, corporation, partner-
ship, firm, association, trust, estate, public or private institution, group,
the United States or any agency thereof, any government other than
the United States, any political subdivision of any such government,
and any legal successor, representative, agent, or agency of the fore-
going, or other entity, but shall not include the Commission or officers
or employees of the Commission in the exercise of duly authorized
functions.
(d) The term "United States", when used in a geographical sense,
includes all Territories and possessions of the United States and the
'Canal Zone.
(e) The term "research and development" means theoretical
.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 pur-
poses, 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.
APPROPRIATIONS
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 appro-
priate specified portions thereof to be accounted for upon the certifica-
tion of the Commission only. Funds appropriated to the Commission
shall, if obligated by contract during the fiscal year for which appro-
priated, remain available for expenditure for four years following the
expiration of the fiscal year for which appropriated. After such
four-year period, the unexpended balances of appropriations shall be
carried to the surplus fund and covered into the Treasury.
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 circum-
stances other than those as to which it is held invalid, shall not be
affected thereby.
SHORT TITLE
SEC. 21. This Act may be cited as the "Atomic Energy Act of 1946".
Approved August 1, 1946.
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