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                  <text>Document disclosed under the Accessto / / l / o r / n o n d ^ ^ ^ H
Document divulgue en vertu de la Loi sur I'acces a I'information

P u b l i c L a w 137 - 83d C o n g r e s s
C h a p t e r 228 - 1st S e s s i o n
H. R. 4905
AN ACT
To amend the Atomic Knergy Act of 194G, as amended.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 12 of the Atomic Energy
Atomic Energy Act of 1940, as amended, is amended by adding a new commission,
60 s t a 1 ;
subsection (d) as follows:
' lia42 u s c 1 8 1 2
"(d) The Atomic Energy Commission is authorized in connectionl
«
rio-utility
with the construction or operation of the Oak Ridge, Paducah, and Elect
contracts.
Portsmouth installations of the Commission, without regard to section
3679 of the Revised Statutes, as amended, to enter into new contracts 31 USC 665.
or modify or confirm existing contracts to provide for electric-utility
t a t . 181.
services for periods not exceeding twenty-five years, and such c o n t r a c t s67
^ Sg^at*
I8g'
shall be subject to termination by the Commission upon payment of
'
'
cancellation costs as provided in such contracts, and'any appropriation
presently or hereafter made available to the Commission shall be
available for the payment of such cancellation costs. Any such
cancellation payments shall be taken into consideration in determination of the rate to be charged in the event the Commission or any
other agency of the Federal Government shall purchase electric-utility
services from the contractor subsequent to the cancellation and during
the life of the original contract."
SEC. 2. The first j^roviso under the appropriation to the Commission Repeal.
for "Plant and equipment" in the Supplemental Appropriation Act,
1953, is hereby repealed.
66 s t a t . 643
A p p r o v e d July 17, 1 9 5 3 .

GPO-83-8609C1

000061

�Document disclosed under the Access ioThformation Act Document divfrigtw £0 .vertu de la Loi sur faeces a {'information

H

Public Law 164 - 83d C o n g r e s
Chapter 283 - 1st S e s s i o n
S. 2399
AN ACT
To amend the Atomic Energy Act of 1946, as amended.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2 ( a )
(4) (B) of the Atomic Energy Act of 1946, as amended, is amended
to read as folknys:
'
" ( B ) a Division of Military Application and such other program
divisions (not to exceed ten in number) as the Commission may determine to be necessary to the discharge of its responsibilities. Each
division shall be under the direction of a Director who shall be
appointed by the Commission and shall be compensated at a rate determined by the Commission, but not in excess of $16,000 per annum. The
Director of the Division of Military Application shall be a member of
the Armed Forces. The Commission shall require each such division
to exercise such of the Commission's powers as the Commission may
determine."
SEC. 2. Section 10 (b) (5) (B) (iv) of the Atomic Energy Act of
1946, as amended, is renumbered as section 10 (b) (5) (B) (vii).
SEC. 3. Section 10 (b) (5) (B) of the Atomic Energy Act of 1946, as
amended, is amended by adding the following subsection :
"(iv) I n the event an investigation made pursuant to sections
10 (b) (5) (B) (i) and (ii) develops any data reflecting that the
individual who is the subject of the investigation is of questionable
loyalty, the Civil Service Commission shall refer the matter to the
Federal Bureau of Investigation for the conduct of a full field investigation, the results of which shall be furnished to the Civil Service
Commission for its information and appropriate action."
SEC. 4. Section 10 (b) (5) (B) of the Atomic Energy Act of 1946,
as amended, is amended by adding the following subsection:
"(v) If the President deems it to be in the national interest, he may
from time to time cause investigations of any group or class which are
required by sections 10 (b) (5) (B) (i) and (ii) to be made by the
Federal Bureau of Investigation rather than the Civil Service
Commission."
SEC. 5. Section 10 (b) (5) (B) of the Atomic Energy Act of 1946,
as amended, is amended by adding the following subsection :
"(vi) Notwithstanding the provisions of sections 10 (b) (5) (B)
(i) and (ii) above, a majority of the members of the Commission shall
certify those specific positions which are of a high degree of importance
or sensitivity and upon such certification the investigation and reports
required by such provisions shall be made by the Federal Bureau of
Investigation rather than by the Civil Service Commission."
SEC. 6. Section 12 (a) of the Atomic Energy Act of 1946, as amended,
is amended by adding the following subsection:
"(9) authorize such of its members, officers and employees as it
deems necessary in the interest of the common defense and security
to carry firearms while in the discharge of their official duties.
The Commission maj- also authorize such of those employees of its
contractors engaged in guard duties at facilities owned by the
United States as it deems necessary in the interest of the common
defense and security to carry firearms while in the discharge of
their official duties."
SEC. 7. Section 12 (a) of the Atomic Energy Act of 1946, as amended,
is amended by adding the following subsection:
"(10) make, promulgate, issue, rescind, and amend such rules
and regulations as may be necessary to carry out the purposes of

60 s t a t . 757.
42 use 1802.
Division of
Military Application,eto.

42 USC 1810.
Control of
information.
FBI i n v e s t i g a tions, e t c
67 S t a t . 240.
67 S t a t . 241.

42 use 1812.
carrying of
firearms.

Rules and
regulations.

this Act."
000062

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loisur'facces a {'information

P u b . L a w 164

- 2

All 67 S t a t . 241.

42 use 1815.
congressional
Committees,
*7°' ,
Carrying of
rearms.
42 use 1801,
Repeal of
provisos.

SEO. 8. Section 15 (e) of the Atomic Energy Act of I^B^as'
amended, is amended by adding at the end thereof the following
following
sentence: "The committee is authorized to permit such of its members,
employees and consultants as it deems necessary in the interest of
common defense and security to carry firearms while in the discharge
Q^ ^ e i r official duties for the committee."
SEO. 9. The provisos contained in section 1 of the Act to provide for
certain investigations by the Civil Service Commission in lieu of the
Federal Bureau of Investigation and for other purposes, approved
April 5,1952, are hereby repealed as of the date of this Act insofar as
they apply to the Atomic Energy Act of 1946.
A p p r o v e d J u l y 3 1 , 1953.

GPO.83-881703

000063

�Document disclosed under the Access to Information Act ^
Document divulgue en vertu de la Loi sur faeces a {'information

V
P u b l i c Law 262 - 83d C o n g r e s s
Chapter 432 - 1st S e s s i o n
S. 671
AN ACT
All 67 Stat. 575.
To amend section 9(1)) of the Atomic Energy Act of 1946 relating to the exemption of activities of the Atomic Energy Commission from State and local
taxation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 9 (b)
of the Atomic Energy Act of 1946 is amended by striking out the last 60 Stat. 765.
sentence thereof.
42 use 1809.
SEC. 2. This amendment shall be effective only as to tax liabilities
which accrue on or after October 1,1953.

Approved August 13, 1 9 5 3 .

GPO 8 6 2 7 0 8

000064

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur faeces a {'information

4iP

eiion83}
2d Session

JOINT COMMITTEE PKINT

JOINT COMMITTEE ON ATOMIC ENERGY

THE ATOMIC ENERGY ACT OF 1946
WITH AMENDMENTS THROUGH THE

EIGHTY-SECOND CONGRESS

NOVEMBER 1952

Printed for the use of the Joint Committee on Atomic Energy

UNITED STATES
GOVERNMENT PRINTING OFFICE
88318

WASHINGTON : 1962

000065

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

"T

_y

•

^

«~ j

t
'

JOINT COMMITTEE ON ATOMIC ENERGY

'

(Created p u r s u a n t to Public Law 585, 79th Cong.)

i

i

i

i
CARL T. DURHAM, North Carolina, Chairman
| R I C H A R D B. RUSSELL, Georgia
C H E T H O L I P I E L D , California
E D W I N C. JOHNSON, Colorado
MELVIN P R I C E , Illinois
j CLINTON P . ANDERSON, New Mexico
P A U L J . KILDAY, Texas
j LYNDON B . JOHNSON, Texas
,.
.
. HENRY M. JACKSON, Washington
' J O H N O. PASTORE, Rhode Island
•
W. STERLING COLE, New York
I BOURKE B. H l C K E N L O O P E R , Iowa
C H A R L E S H . ELSTON, Ohio
I E U G E N E D. M I L L I K I N , Colorado
CARL HINSHAW, California
i W I L L I A M F . KNOWLAND, California
J A M E S E . VAN ZANDT, Pennsylvania
I J O H N W. BRICKER, Ohio
i
•

i

/
j

.

W I L L I A M L. BORDEN, Executive
HAUOLD BERGMAN, Deputy

\
\
!
j

!
f

J

Director
Director

(ID

}
000066

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

•m*

FOREWORD
This collection of statutory material having to do with the development and control of atomic energy was prepared by the staff of the
Joint Committee on Atomic Energy for committee use.
(no

000067

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loisur I'acces a I'information

THE ATOMIC ENERGY ACT OF 1946x
With Amendments Through the Eighty-Second
Congress
AN ACT
For the development and control of atomic energy.

Be it enacted by the Senate and House of Bepresentatives of the United States of America in Congress
assembled,
DECLARATION OF
(42 U. S. C. 1801)

POLICY
_.
d

SECTION 1. (a) FINDINGS AND DECLARATION.—Research a^£?^}on. -

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. I t is a field in
which unknown factors are involved. Therefore, any
legislation will necessarily be subject to revision from
time to time. I t is reasonable to anticipate, however,
that tapping this new source of energy will cause p r o - .
found 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 energy shall, so far as practicable, be directed toward im?&gt;roving the public welfare, increasing the standard of
iving, strengthening free competition in private enterprise, and promoting world peace.
(b) PURPOSE OF A C T . — I t 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:

Paramount
objective.

Purpose ; major
program*.

1
The Atomic Energy Act of 1946 (Public Law 585. 79th Cong., 60
Stat. 7 5 5 - 7 5 ; 42 U. S. C. 1801-1819 (1946 e d . ) ) . (For legislative history index to Public Law 585, 79th Cong., see index to S. 1717 in appendix
D, p. 39.)
The sections of t h e act which have been amended are as follows :
Sec. 2 (a) ( 2 ) , July 3, 1948. by Public Law 898, 80th Cong., 62
Stat. 1259 ; 42 U. S. C. 1802 (1946 ed.).
Sees. 2 (c) and 2 ( d ) , Oct. 11, 1949, by Public L a w 347, 81st
Cong., 63 Stat. 762 ; 42 U. S. C. 1802 a 9 4 6 e d . ) .
Sees. 2 (a) (2) and 2 (a) (4) ( A ) , Sept. 23. 1950. by Public Law
820, 81st Cong.. 64 Stat. 9 7 9 ; 42 U. S..C. 1802 (1946 e d . ) .
Sec. 5 (a) ( 3 ) , Oct. 30, 1951, bv Public Law 235. 82d Cong., 65
Stat. 692: 42 U. S. C. 1.805 (1946 ed.). and sec. 10 ( a ) , Oct. 30,
1951, by Public Law 235, 82d Cong., 65 Stat. 692 ; 42 U. S. C. 1810
(1946 ed.).
Sees. 10 (b) (5) (B) (i) and (B) (ii), Apr. 5, 1952, by Public Law
298, 82d Cong. (66 Stat. 44, ch. 159).

(1)
000068

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur faeces a {'information

I81(b)-2(a)
Private research, c

(1) A program of assisting and fostering privat
search and development to encourage maximum scientific
progress;
Control of
(2) A program for the control of scientific and techinformation.
nical information which will permit the dissemination
of such information to encourage scientific progress, and
for the sharing on a reciprocal basis of information concerning fhe practical industrial application of atomic
energy as soon as effective and enforceable safeguards
against its use for destructive purposes can be devised;
Federal re(3) A program of federally conducted research and
search and
development to assure the Government of adequate sciendevelopment.
tific and technical accomplishment;
Government
(4) A program for Government control of the procontrol of production, owner- duction, ownership, and use of fissionable material to
ship, and use
assure the common defense and security and to insure
of fissionable
material.
the broadest possible exploitation of the fields; and
Administration.
(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)
Membership.

. 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
Appointment of
Commissioners. the President, by and with the advice and consent of the
Senate. I n 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
Terms of office.
member of the Commission taking office prior to June
SO, 1950, shall expire at midnight on June SO, 1950. The
term of office of each member of the Commission taking
office after June SO, 1950, shall be five years, except that
(A) the terms of office of the members first taking office
after June SO, 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 SO, 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
000069

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

3-

§2 (a)

^mb^mf^rWPresident for inefficiency, neglect of duty, or
malfeasance in office. Each member, except the Chair- Compensation.
man, shall receive compensation at the rate of $18,000
per annum; arid the Chairman shall receive compensation 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 Digthe District of Columbia, but the Commission or any i£mMa.Co"
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 ager.
Commission as the Commission may direct. The
General Manager shall be appointed by the Commission, shall serve at the pleasure of the Commis2
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 S t a t . 1259, 42 U. S. C. 1802
(1946 ed.) ) to read as shewn above in italics.
(See S. 2589 (Apr.
30, 1948) a n d S. Eept. 1342 (May 17, 1948) and minority views (May
24, 1948) ; see also H. It. 6402 (Apr. 30, 1948) and H. Kept. 1973 (May
18, 1949) and minority views (May 24, 1948).) (For legislative history
index to Public Law 898, 80th Cong., see index to H. E . 6402 in appendix
D, p. 39.)
The provision of sec. 2 (a) (2) relating t o 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 (1946 ed.) ) to read as 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. 40.)
•In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 S t a t ,
7 5 5 - 7 7 5 ; 42 U. S. C. 1801-1819 (1946 ed.)) sec. 2 (a) ( 2 ) , read a s
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 t h e President,
by and with the advice and consent of t h e Senate. In submitting any
nomination to the Senate, the President shall set forth t h e experience
and the qualifications of t h e 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 t h a t (A) t h e terms of office of t h e
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
a t the time of appointment, one a t t h e end of three years, one a t t h e end
of four years, one a t t h e end of five years, one at the end of six years, and
one a t t h e end of seven years, after the date of enactment of this
Act;
and (B) any member appointed to fill a vacancy occurring prior to t h e
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. E a c h member, except the Chairman, shall receive
compensation a t the r a t e of $15,000 per a n n u m ; and the Chairman shall
receive compensation a t t h e r a t e of $17,500 per annum. No member of
the Commission shall engage in any other business, vocation, or employment t h a n t h a t of serving as a member of the Commission."

000070

�Document'disdosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

§{ 2 (a)-2 (c)

Divisions;
directors.

Bxereim of
Commieeion'i
poweri.

General
Advisory
Committee.

Terms of
reference.

Military
Liaison Commute*.

sion, shall be removable by the Commission, ammBJi
receive compensation at a rate fixed in the Commission's discretion but not to exceed $20,000 per annum,.3
(B) at Division of Research, a Division of P r o duction, a Division of Engineering, and a Division
of Military Application. Each division shall be
under the direction of a Director who shall be appointed by the Commission, and shall receive compensation at the rate of $14,0003a 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 COMMITTEE.—There shall be a
General Advisory Committee to advise the Commission
on scientific and technical matters relating to materials,
production, and research and development, to be composed of nine members, who shall be appointed from
civilian life by the President. Each member shall hold
office for a term of six years, except that (1) any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was
appointed, shall be appointed for the remainder of such
term; and (2) the terms of office of the members first
taking office after the date of the enactment of this Act
shall expire, as designated by the President at the time of
appointment, three at the end of two years, three at the
end of four years, and three at the end of six years, after
the date of the enactment of this Act. The Committee
shall designate one of its own members as Chairman.
The Committee shall meet at least four times in every
calendar year. The members of the Committee shall
receive a per diem compensation of $50 for each day
spent in meetings or conferences, and all members shall
receive their necessary traveling or other expenses while
engaged in the work of the Committee.
(c) MILITARY LIAISON COMMITTEE.—There shall be a
Military Liaison Committee consisting of a Chairman,
who shall be the head thereof and of a representative
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
(1946 ed.) ) is shown above in italics. (See S. 3437 (Apr. 17. 1950) and
S. Rept. 2493 (Aug. 30, 1 9 5 0 ) ; 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. 40.)i
In t h e basic Atomic Energy Act (Public Law 585, 79th Cong., 60 S t a t .
755-775, 42 U. S. C. 1801-1819 (1946 ed.)) sec. 2 (a) (4) (A) read as
shown below. The language subsequently changed or omitted by Public
Law 820 is shown in italics.
" ( 4 ) There are hereby established within the Commission—•
" ( A ) a General Manager, who Bhall discharge such of the administ r a t i v e 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 content 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."
s
« Authorized to be increased to $14,800 by Public Law 375, 82d Congress (65 Stat. 101). F o r text see appendix G, p. 65.

000071

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

§2(c)-2(d)
&lt;xLW^_Wiy,
__ resentatives of the Departments of the Army,

Navy,
and Air Force, detailed or assigned thereto, without
additional compensation, in such number as the Secretary
pf Defense may determine. Representatives from each
of the three Departments shall be designated by the
respective Secretaries of the Army, Navy, and Air Force.
The Committee Chairman shall be appointed by the
President, by and with the advice and consent of the
Senate, and shall receive compensation at a rate prescribed by law for the Chairman of the Munitions Board.
The Commission shall advise and consult with the Committee on all atomic energy matters which the Committee deems to relate to military applications, including the
development, manufacture, use and storage of bombs, the
allocation of fissionable material for military research,
and the control of information relating to the manufacture or utilization of atomic weapons. The Commission shall keep the Committee fully informed of all such
matters before it and the Committee shall keep the Commission fully informed of all atomic energy activities
of the Department of Defense.
The Committee shall
have authority to make written recommendations to the
Commission on matters relating to military applications
from time to time as it may deem appropriate. If the
Committee at any time concludes that any action, proposed action, or failure to act of the Commission on such
matters is adverse to the responsibilities of the Department of Defense, derived from the Constitution, laws,
and treaties, the Committee may refer such action, proposed action, or failure to act to the Secretary of Defense. If the Secretary concurs, he may refer the matter
to the President, whose decision shall be final.*
(d) APPOINTMENT OF Army, Navy, or Air Force O F F I -

CERS.—Notwithstanding the provisions of section 1222

Duties of
Committee.

Authority to
make w r i t t e n
recommendations.

S t a t u t o r y appeal procedure.

Appointment
of Military
Officers.

' T h e language of sec. 2 (c) which w a s amended on October 11, 1949,
by Public Law 347, 81st Cong. (63 S t a t . 762, 42 V. S. C 1802 (1946 ed.) )
is shown in italics. (See S. 2372 (Aug. 3, 1949) and S. Rept. 934 (Aug.
18, 1949) ; see also H. Ii. 5884 (Aug. 4, 1949) a n d H. Rept. 1282 (Aug.
18, 1949).) ( F o r legislative history index to Public Law 347, 81st Cong.,
see index to S. 2372 in appendix D, p. 39.)
In t h e basic Atomic Energy Act (Public Law 585, 79th Cong., 60 S t a t .
755-775, 42 U. S. C. 1801-1819 (1946 e d . ) ) sec. 2 (c) read as shown
below. The language subsequently changed or omitted by Public L a w 347
is shown in italics.
"(c)

M I M T A K T LIAISON C O M M I T T I B . — T h e r e s h a l l be a M i l i t a r y Liaison

Committee consisting of representatives of t h e D e p a r t m e n t s of War and
Navy, detailed or assigned thereto, without additional compensation, by
the Secretaries of War and Navy in such number as they may determine.
The Commission shall advise a n d consult with the Committee on all atomic
energy m a t t e r s which t h e Committees [sic] deems to relate to military
applications, including the development, manufacture, use, a n d storage
of bombs, t h e allocation of fissionable material for m i l i t a r y research, a n d
' t h e control of information relating to t h e manufacture or utilization of
atomic weapons. The Commission shall keep t h e Committee fully informed of all such m a t t e r s before it and the Committee shall keep t h e
Commission fully Informed of a l l atomic energy activities of the War and
Navy Departments.
T h e Committee shall have a u t h o r i t y t o make w r i t t e n
recommendations to t h e Commission on m a t t e r s relating to military a p plications from time to time as lt m a y deem appropriate. If t h e Committee a t any time concludes t h a t a n y action, proposed action, or failure
to a c t of t h e Commission on such m a t t e r s is adverse to t h e responsibilities
of the Departments of War or Navy, derived from t h e Constitution, laws,
and treaties, the Committee may refer such action, proposed action, or
failure to a c t to t h e Secretaries of War and Navy.
If either Secretary
concurs, he m&amp;j refer the m a t t e r to t h e President, whose decision shall
be final."
96318—52

2

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{'information

6
of the Revised Statutes (U. S. O , 1940 edition, t M P ^ ,
sec. 576) ,5 section 212 of the Act entitled "An Act making
appropriations for the Legislative Branch of the Government for the fiscal year ending June 30,1933, and for
other purposes", approved June 30, 1932, as amended
(U. S. O , 1940 edition, title 5, sec. 59a), 5 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) ,5 or any other law, any active or
retired officer of the Army, Navy, or Air Force may
serve as Director of the Division of Military Application established by subsection (a) (4) (B) of this section, without prejudice to his commissioned status as
such officer. Any such officer serving as Director of the
Division of Military Application shall receive, in addition to his pay from the United States as such officer,
an amount equal to the difference between such pay and
the compensation prescribed in subsection (a) (4) (B)
of this section. Likewise, notwithstanding
the provisions of any other law, any active or retired officer of the
Army, Navy, or Air Force may serve as Chairman of the
Military Liaison Committee established by subsection
(c) of this section, without prejudice to his commissioned
status as such officer. Any such officer serving as Chairman of the Military Liaison Committee shall receive,
in addition to his pay from the United States as such
officer, an amount equal to the difference between such
pay and the compensation prescribed in subsection (c)
of this section.0
5
Text if title 10, U. S. Code, sec. 576, will be found in appendix E ,
item N O J V Text of title 5, U. S. Code, sec. 59a, will be found in appendix
E, iter,v;?, o. 2. Text of title 5, U. S. Code, sec. 62, will be found in
appendix
E, item No. 3.
6
The language of sec. 2 (d) which w a s amended on October 1 1 , 1949,
by Public Law 347, 81st Cong. (63 S t a t . 762, 42 U. S. C. 1802 (1946 ed.) )
Is shown in italics. (See S. 2372 (Aug. 3, 1949) and S. Rept. 934 (Aug.
18, 1949) ; see also H. R. 5884 (Aug. 4, 1949) a n d H. Rept. 1282 (Aug.
18, 1949).)
(For legislative history index to Public L a w 347, 81st Cong,
see index to S. 2327 in appendix D, p. 39.)
I n t h e basic Atomic Energy Act (Public L a w 585, 79th Cong., 60 S t a t .
755-775, 42 U. S. C. 1801-1819 (1946 e d . ) ) sec. 2 (d) read as shown
below. The language subsequently changed by Public Law 347 is shown
in italics.

"(d)

A P P O I N T M E N T OF A R M Y AND NAVY O F F I C E R S . — N o t w i t h s t a n d i n g

t h e provisions of section 1222 of t h e Revised S t a t u t e s (U. S. C , 1940 edition, title 10, sec. 576), section 212 of t h e Act entitled 'An Act m a k i n g
appropriations for t h e Legislative Branch of the Government for t h e fiscal
year ending J u n e 30, 1933, a n d for other purposes', approved J u n e 30,
1932, as amended (U. S. C , 1940 edition, title 5, sec. 5 9 a ) , section 2 of
t h e Act entitled 'An Act making appropriations for t h e legislative, executive, and judicial expenses of t h e Government for t h e fiscal year ending
J u n e thirtieth, eighteen hundred a n d ninety-five, and for other p u r p o s e s \
approved J u l y 31, 1894, as amended (U. S. C . 1940 edition, title 5,
sec. 6 2 ) , or any other law, a n y 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 t h i s section, w i t h o u t prejudice to his
commissioned s t a t u s as such officer. Any such officer serving as Director
of t h e Division of Military Application shall receive, in addition to his
pay from t h e United States a s such officer, a n amount equal to t h e difference between such pay and the compensation prescribed In subsection
(a) (4) (B) of this section."

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§3(a)-3(b)

-RESEARCH

Si

..'_ •

(42 U. S. G. 1803)
S E C 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) 7 upon certification by
the Commission that such action is necessary in the interest of the common defense and security, or upon a
showing that advertising is not reasonably practicable,
and may make partial and advance payments under such
arrangements, and may make available for use in connection therewith such of its equipment and facilities as it
may deem desirable. Such arrangements shall contain
such provisions to protect health, to minimize danger
from explosion and other hazards to life or property, and
to require the reporting and to permit the inspection of
work performed thereunder, as the Commission may determine; but shall not contain any provisions or conditions which prevent the dissemination of scientific or
technical information, except to the extent such dissemination is prohibited by law.
(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.
7
Text of title 41, U. S. Code, sec. 5, will be found in appendix E, Item
No. 4.

Research
assistance.

Authority of
Commission.

Advertising of
bids not reviewed.

Research by
Commission.

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

§4(aM(c)
PRODUCTION

OF

F I S S I O N A B L E MAT

(42 U. S. C. 1804)
"Produce"
defined.

(See sec. 16
(a), P. 29.)

Exclusive
ownership of
production
facilities.

Operation of
production
facilities.

Contraetf.

Subcontract*.

Beporti, etc.

SEC. 4. (a) DEFINITION.—As used in this Act, the
term "produce", when used in relation to fissionable material, means to manufacture, produce, or refine fissionable material, as distinguished from source materials as
defined in section 5 ( b ) (1), or to separate fissionable material from other substances in which such material may
be contained or to produce new fissionable material.
(b) PROHIBITION.—It shall be unlawful for any person
to own any facilities for the production of fissionable material or for any person to produce fissionable material,
except to the extent authorized by subsection (c).
(c)
OWNERSHIP AND OPERATION OF PRODUCTION
FACILITIES.—
(1) OWNERSHIP OF PRODUCTION FACILITIES.—The

Commission, as agent of and on behalf of the United
States, shall be the exclusive owner of all facilities
for the production of fissionable material other than
facilities which (A) are useful in the conduct of
research and development activities in the fields
specified in section 3, and (B) do not, in the opinion
of the Commission, have a potential production rate
adequate to enable the operator of such facilities
to produce within a reasonable period of time a sufficient quantity of fissionable material to produce an
atomic bomb or any other atomic weapon.
(2)

OPERATION OF THE COMMISSION'S PRODUCTION

FACILITIES.—The Commission is authorized and
directed to produce or to provide for the production
of fissionable material in its own facilities. To the
extent deemed necessary, the Commission is author• ized to make, or to continue in effect, contracts with
persons obligating them to produce fissionable material in facilities owned by the Commission. The
Commission is also authorized to" enter into research
and development contracts authorizing the contractor to produce fissionable material in facilities
owned by the Commission to the extent that the production of such fissionable material may be incident
to the conduct of research and development activities under such contracts. Any contract entered
into under this section shall contain provisions (A)
prohibiting the contractor with the Commission
. from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by the Commission, and (B) obligating the
contractor to make such reports to the Commission
as it may deem appropriate with respect to his activities under the contract, to submit to frequent inspection by employees of the Commission of all such
activities, and to comply with all safety and security

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A n g u l a t i o n s 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) 8 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 such contracts. The President shall determine at least once each year the quantities of fissionable material to be produced under this paragraph.

||4(c)-5(a)
&gt;
;
Exception from
advertising
contracts.

Duty of
President.

(3) OPERATION OF OTHER PRODUCTION FACILITIES.—

Fissionable material may be produced in the conduct
of research and development activities in facilities
which, under paragraph (1) above, are not required
to be owned by the Commission.
(d)

IRRADIATION OF MATERIALS.—For the purpose of Manufacture
of radioactive

increasing the supply of radioactive materials, the Com- materials.
mission and persons lawfully producing or utilizing fissionable material are authorized to expose materials of
any kind to the radiation incident to the processes of
producing or utilizing fissionable material.
(e)

for
MANUFACTURE OF PRODUCTION FACILITIES.;—Un^- Licenses
manufacture,
etc., of production facilities.

less 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
)rocedui es as the Commission may by regulation estabish and shall be issued in accordance with such standr
ards and upon such conditions as will restrict the production and distribution-of such facilities to effectuate
the policies and purposes of this Act. Nothing in this
.section shall be deemed to require a license for such manufacture, production, transfer, or acquisition incident to
or for the conduct of research or development activities
in the United States of the types specified in section 3,
or to prohibit the Commission from manufacturing or
producing such facilities for its own use.

t

(See. sec. 18
(a), P- 29.)

CONTROL O F M A T E R I A L S
(42 U. S. O. 1805)
SEC. 5. (a)

FISSIONABLE MATERIALS.—

Definition of

(1) DEFINITION.—As used in this Act, the term "fis- "fissionable
sionable material" means plutonium, uranium enriched material."
in the isotope 235, any other material which the Commission determines to be capable of releasing substantia]
quantities of energy through nuclear chain reaction of
the material, or any material artificially enriched by any
of the foregoing; but does not include source materials,
as defined in section 5 (b) (1).
8
Text of title 41, U. S. Code, sec. 5 will be found in appendix E, item
No: 4.

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

§5 (a)
Government
ownership of
fisssionable
material.

(See sec. 10
(a) (3), p. 18;
see also sec.
16 (a), p. 29.)

Research.

Medical
therapy.

10
(2)

GOVERNMENT OWNERSHIP OF ALL FISSIONABLE

*^-

TERIAL.—All right, title, and interest within or under the
jurisdiction of the United States, in or to any fissionable
material, now or hereafter produced, shall be the property of the Commission, and shall be deemed to be vested
in the Commission by virtue of this Act. Any person
owning any interest in any fissionable material at the
time of the enactment of this Act, or owning any interest in any material at the time when such material is
hereafter determined to be a fissionable material, or
who lawfully produces any fissionable material incident
to privately financed research or development activities,
shall be paid just compensation therefor. The Commis"sion may, by action consistent with the provisions of
paragraph (4) below, authorize any such person to retain possession of such fissionable material, but no person shall have any title in or to any fissionable material.
(3) PROHIBITION.—It shall be unlawful for any person to (A) possess or transfer any fissionable material,
except as authorized by the Commission; or (B) export
from or import into the United States any fissionable
material/ or (C) directly or indirectly engage in the production of any fissionable material outside of the United
States, except, subject to the limitations and conditions
contained in section 1.0 (a) (3), as authorised by the
Commission upon a determination by the President that
the commion defense and security will not be adversely
affected thereby?
(4)

DISTRIBUTION OF FISSIONABLE MATERIAL.—Without

prejudice to its continued ownership thereof, the Commission is authorized to distribute fissionable material
owned by it, with or without, charge, to applicants requesting such material (A) for the conduct of research
or development activities either independently or under
contract or other arrangement with the Commission, (B)
for use in medical therapy, or (C) for use pursuant to a
license issued under the authority of section 7. Such
material shall be distributed in such quantities and on
such terms that no applicant will be enabled to obtain an
amount sufficient to construct a bomb or other military
weapon. The Commission is directed to distribute sufficient fissionable material to permit the conduct of widespread independent research and development activity,
"The language of sec. 5 (a) (3) which was amended on Oct. 30, 1951,
by Public Law 235, 82d Cong. (65 Stat. 692, 42 U. S. C. 1805 (1946 ed.))
is shown in italics. (See S. 2233 (Oct. 8. 1951) and S. Rept. 894 (Oct.
8, 1951) ; see also H. R. 5646 (Oct. 8, 1951) and H. Rept. 1104 (Oct. 8,
1951)). (For legislative history index to Public Law 235, 82d Cong., see '
index to S. 2233 in appendix D, p. 40.)
In the basic Atomic Energy Act (Public Law 585, 79th Cong.. 60 Stat.
755-775, 42 U. S. C. 1801-1819 (1946 ed.), sec. 5 (a) (3) read as shown
below. The language subsequently changed or omitted by Public Law 235
is shown in italics.
"(3) PROHIBITION.—It shall be unlawful for any person, after sixty
days from the effective date of this Act to (A) possess or transfer any
fissionable material, except as authorized by the Commission, or (B) 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."

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§ 5 (a)-5 (b)

t ^ ^ m a x i m u m extent practicable. I n 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 Restrictions.
shall riot 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.
of
(5) The Commission is authorized to purchase or Acquisition
material ontotherwise acquire any fissionable material or any inter- -side United
est therein outside the United States, or any interest in States.
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 Statues (U. S. O , title 41, sec. 5) 10 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 ap. proval 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
the use of such materials in a manner inconsistent with

Definition of
"source materials."

License for
transfers.

License
Issuance.

10
Text of title 41, U. S. Code, sec. 5 will be found in appendix E, item
No. 4.

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J

5 5(b)

Reporting
ownership
of source
materials.
(fie* sec. 1«
&lt;b),p.29.)

Source materials.

Relief from
advertising.

Guaranteed
pricei.

•xploratlon.

Public lanfl
deposits.

Individual
benefit restrtetlon.

12
the national welfare. Licenses shall be issued
cordance with such procedures as the Commission may oy
regulation establish.
(4) REPORTING.—The Commission is authorized to
issue such regulations 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. O , title
41, sec. 5) 11 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 thereunder. The Commission may
establish guaranteed prices for all source materials delivered to it within a specified time. Just compensation
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, investigations, and inspections t o
determine the location, extent, mode of occurrence, use,
or conditions of deposits or supplies of source materials,
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, contained, 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 development
of the atomic bomb project, may benefit by any location,
entry, or settlement upon the public domain made after
11
Text of title 41, U. S. Code, sec. 5 will be found in appendix E, item
No. 4.

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13
;ud^Bdividual, corporation, partnership, or association
t oSPpart
o S ^ a r t in such project, if such individual, corporation,
partnership, or association, by reason of having had such
part in the development of the atomic bomb project, 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 location, 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, 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 occasioned 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 quantities which may not be transferred or delivered without a license under this subsection, such material shall be the property of the Commission 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 Commission determines to be entitled thereto, such sums,
including profits, as the Commission deems fair' and
reasonable for the discovery, mining, development, production, extraction, and other services performed with
respect to such material prior to such delivery, but such
payment 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 reservation made
pursuant to this paragraph shall be of no further force or
effect.

§5(b)-5(c)

Reservation of
materials.

Right of United
States to
prospect, etc.

Use of lands.

Payments for
discovery,
mining, etc.

(c) BYPRODUCT MATERIALS.—
"Byproduct
(1) DEFINITION.—As used in this Act, the term "by- material"
product material" means any radioactive material (ex- defined. •
cept fissionable material) yielded in or made radioactive
by exposure to the radiation incident to the processes of
producing or utilizing fissionable material.
9631S—52

3

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14

f5(cH6(a)
Distribution of
byproduct
material.

Preference.

Restrictions.

Restrictions on
distribution.

(2) DISTRIBUTION.—The Commission is autht
t
distribute, with or without charge, byproduct mau^xalb
to applicants seeking such materials for research or development activity, medical therapv, industrial 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 (A) any
person for a use which is not under or within the
jurisdiction of the United States, (B) any foreign
overnment, or (C) any person within the United
tates if, in the opinion of the Commission, the distribution of such fissionable material to such person
would be inimical to the common defense and
security.
(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.

§

M I L I T A R Y A P P L I C A T I O N S O F ATOMIC
ENERGY
(42 TJ. .S. 0 1806) •
Military
application
experiments,
etc.

Production
of military
weapons.

Role of
President.

Delivery to
armed forces.

S E C 6. (a) ,AUTHORITY.—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

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i6(a.)-7 (b)

&lt;
necessary in the interest of national defense or
(fcj to authorize the armed forces to manufacture, pro- eM,Xmentretc0f
duce, 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 ^ra0nhu1^^t°u';.Reon
to manufacture, produce, transfer, or acquire any equipment or device utilizing fissionable material or atomic
energy as a military weapon, except as may be author- (See sec. 4,.
ized by the Commission. Nothing in this subsection shall p. 8.)
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.
U T I L I Z A T I O N O F ATOMIC E N E R G Y
(42 U. S. C. 1807)
SEC. 7. (a) LICENSE REQUIRED.—It shall be unlawful,
except as provided 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 manufacture 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.

-

License requirements for
manufacturing.

Research
relating to
manufacture
of equipment,
etc.

(b) REPORT TO CONGRESS.—Whenever 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 Commission's recommendations for necessary or desirable supplemental legislation. The President shall then transmit this report
to the Congress together with his recommendations. No
license for any manufacture, production, export, or use Restriction on
issuance of
shall be issued by the Commission under this section license.
until after (1) a report with respect to such manufacture, production, export, or use has been filed with the
Congress; 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

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i *"(!&gt;)-»(«)•

16

is not in session because of an adjournment of moi
1
three days.
(c) ISSUANCE or LICENSES.—After such ninety-day
period, unless hereafter prohibited by law, the Commission may license such manufacture, production, export,
Supplying of
or use in accordance with such procedures and subject
material to
licensees.
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 purpose
proportionate to the quantities of fissionable material to
be consumed; (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 specified
Renewals, etc.
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
Restrictions.
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.
Use of by-'
(d) BYPRODUCT POWER.—If energy which may be
product power.
utilized is produced 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.

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§§ 8 (a)-? (b)

INTERNATIONAL ARRANGEMENTS
(42 U. S. C. 1808)

SEC. 8. (a) DEFINITION.—As used in this Act, the term "International
"international arrangement" shall mean any treaty ap- arrangement"
defined.
proved by the Senate or international agreement hereafter approved by the Congress, during the time such
treaty or agreement is in full force and effect.
(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 ARRANGE-

MENTS.—In the performance of its functions under this
Act, the Commission shall give maximum effect to the
policies contained in any such international arrangement.
P R O P E R T Y O F T H E COMMISSION
(42 U. S. O. 1809)

SEC. 9. (a) The President shall direct the transfer to
the Commission of all interests owned by the United
States or any Government agency in the following
property: 1 2
(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 information of any kind, and the source thereof
(including data, drawings, specifications, patents, patent
applications, and other sources) relating to the process-ing, 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 concerning any such items;
(2) AU 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-

Transfer of
United States
interests.

Payments to
States, etc.

12
The text of Executive Order .9816, providing for the transfer of properties and personnel of the Manhattan Engineer District to the Atomic
Energy Commission on Jan. 1, 1947, will be found in appendix A on p. 33.

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58 9 ( b ) - 1 0 ( a )

T a x exemptions.

ments to State and local governments in lieu of. ^
erty 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. I n 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 payment. 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 subdivision thereof.13
CONTROL O F

INFORMATION

(42 U. S. C. 1810)

Exchange with
other nations.

Scientific and
technical information.

(See sec. 5 (a)
(3) p. 10.)
Communication
of certain restricted d a t a to
other nations.

Restrictions.

S E C 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:
(1) T h a t until Congress declares by joint resolution
that effective 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
information relating to atomic energy should be per-..
mitted and encouraged so as to provide that free interchange of ideas and criticisms which is essential to scientific progress.
(3) Nothing contained in this section shall prohibit
the Commission, when in its um/mimous judgment the
common defense and security would be substantially promoted and would not be endangered, subject to the limitations hereinafter set out, from entering into specific
arrangements involving the communication to another
nation of restricted data on refining, purification, and
subsequent treatment of source materials; reactor development; production of fissionable materials; and research and development relating to the foregoing: Provided,
(1) that no such arrangement shall involve the
communication of restricted data on design and
fabrication of atomic weapons;
113
T h e t e x t and legislative history index of Public Law 14, 81st Cong.
(63 Stat. 11), which retroceded to the State of New Mexico exclusive
jurisdiction held by t h e United States over lands within t h e boundaries of
the Los Alamos project of the U. S. Atomic Energy Commission will be
found in appendix C, p. 35.

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shall be entered
v #) that no such arrangement
into with any nation threatening the security of the
United States;
(3) that the restricted data involved shall be
limited and circumscribed to the maximum degree
.consistent with the common defense and security objective in view, and that in the judgment of the Commission the recipient nation's security standards applicable to such data are adequate;
(4) that the President, after securing the written
recommendation of the National Security Council,
has determined in writing (incorporating the National Security Council recommendation)
that the
arrangement
would substantially
promote and
would not endanger the common defense and security of the United States, giving specific consideration to the security sensitivity of the restricted data
involved and the adequacy arid sufficiency of the
security safeguards undertaken to be maintained by
the recipient nation; and
(5) that before the arrangement is consummated by the Commission the Joint
Committee
on Atomic Energy has been fully informed for a
period of thirty days in which the Congress was in
session (in computing such thirty days, there shall
be excluded the days on which either House is not
in session because of an adjournment of more than
three days) 7
(b)

RESTRICTIONS.—

(1) 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 adversely affecting the common defense and security.

10 ( a ) - 1 0 (b)

Determination
by the President.

Informing
of J o i n t Committee.

"Restricted
data.".

. " T h e language of sec. 10 (a) (3) which was added on October 30, 1951,
by Public Law 235. 82d Cong. (65 Stat. 692, 42 U. S. C. 1810 (1946 ed.))
is shown above in italics. (See S. 2233 (Oct. 8, 1951) and S. Rept. 894
(Oct. 8, 1951) ; see also H. R. 5643 (Oct. 8, 1951) and H. Rept. 1104
(Oct. 8, 1951).)
(For legislative history index to Public Law 235, 82d
Cong., see index to S. 2233 in appendix D. p. 40.)
I n t h e basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat.
755-775, 42 U. S. C. 1801-1819 (1946 ed.)) sec. 10 (a) read as shown
below.
"CONTROL O F INFORMATION
" S E C . 10. (a) P O L I C Y . — I t shall be the policy of the Commission to
control the dissemination of restricted d a t a in such a manner as to assure
the common defense and security. Consistent with such policy, t h e Commission shall be guided by the following principles :
" ( 1 ) T h a t until Congress declares by joint resolution t h a t effective
and enforceable International safeguards against t h e 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 ) T h a t the dissemination of scientific and technical information relating to atomic energy should be permitted and encouraged so
ns to provide t h a t free interchange of ideas and criticisms which is
essential to scientific progress."

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§ 10(b)
Communication
with intent to
injure United
States, etc.;
penalties.

Acquisition,
etc., of documents.

Removal, etc.

Penalty.

20
(2) Whoever, lawfully or unlawfully, having A assion of, access to, control over, or being entrusted with,
any document, writing, sketch, photograph, plan, model,
instrument, appliance, note or information 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 foregoing, 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, appliance, note or information involving or
incorporating restricted data shall, upon conviction
thereof, 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 i n tent 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 destroj'S any document, writing, sketch, photograph,
plan, model, instrument, appliance, or note involving or
incorporating restricted data and used by any individual
or person in connection with the production of fissionable
material, or research or development relating to atomic
energ}', 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 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) ;
NOTE.—For purposes of comparison, sees. 31 and 32 of the Espionage
Act (50 U. S. C. 31, 32) are reproduced in appendix F, p. 48.

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§ 10 (b)

&gt;r
ine 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 viola- Prosecution.
tion 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.
o(
(B) (i) No arrangement shall be made under sec- Investigation
designated pertion 3, no contract shall be made or continued in effect sons by Civil
under section 4, and no license shall be issued under sec- Service, ete.
tion 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 individual to have access to restricted
data until the Civil Service Commission shall have
made an investigation and report to the Commission 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.15
(ii) Except as authorized by the Commission in case
of emergency, no individual shall be employed by the
Commission until the Civil Service Commission shall
have made an investigation and report to the Commission on the character, associations, and loyalty of
ciuch individual."
previ(iii) Notwithstanding the provisions of subpara- Persons
ously employed,
graphs (i) and (ii), during such period of time after etc.
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 Use of Governof restricted data and to safeguard facilities, equipment, ment services.
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) AU violations of this Act shall be investigated violations,
by the Federal Bureau of Investigation of the Department of Justice.
(6) This section shall not exclude the applicable pro- Applicability
visions of any other laws, except that no Government of other laws.
l« Public Law 289. 82d Cong. (64 Stat. 44. ch. 159). amended 11 acts,
including sections 10 (b) (5) (B) (i) and (B) (ii) of t h e Atomic Energy
Act of 1946. by "striking therefrom whenever they appear the words
'Fedefal Bureau of Investigation' and inserting in lieu.thereof the words
'Civil Service Commission' "•; however, three provisos follow the language
..quoted which s t a t e conditions under which investigations a r e to be conducted by the Federal Bureau of Investigation. These provisos are contained in section 1 of Public Law 298. the full text of which is set forth
below in appendix B. p. 34. For legislative historv index to Public Law
298, 82d Cong., see index to S. 2077 in appendix D, p. 40.
96318—52
4

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• | ' § 1 0 ( b ) - l l (a)

agency shall take any action under such other
consistent with the provisions of this section.
ke e ep U l records t o

ii

( c ) INSPECTIONS, RECORDS, AND R E P O R T S . — T h e C o m -

mission i s —

{bfp^'n

(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
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 frequent inspections of,
the production of fissionable material in the conduct
of research and development activities.
PATENTS AND INVENTIONS
(42U.'S. C. 1811)

Patents ; restrictions on
granting.

Keports.

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 material 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
ie 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 A c t ; (B) the
sixtieth day after the completion of such invention or
discovery; or (C) the sixtieth day after, such person first
discovers or first has reason to believe that such inven-

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ti
r discovery is useful
utilization.
(b)

§ 11 (a)-ll (c)
in such production

or

Use of inU S E OF INVENTIONS FOR RESEARCH.—No patent ventions
for

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 invention 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) I t 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 fissionable material or
atomic energy; and (B) the licensing of such invention
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—
(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.

research.

Patents
affected with
public
interest.

Royalty fee.

Infringement
of patent.

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§ll(d)-il(e)
Acquisition
of patents
by AEC.

Notification by
Commissioner
of Patents.

(d)

ACQUISITION OF PATENTS.—The Commisi

is

authorized to purchase, or to take, requisition, or condemn, and make just compensation 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
Commission 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.
Ce) COMPENSATION AWARDS, AND ROYALTIES.—

(1) PATENT COMPENSATION BOARD.—The Commission
shall designate a Patent Compensation Board, consisting
of two or more employees of the Commission, to consider
applications under this subsection.
(2) ELIGIBILITY.—
Applications.

Counsel.

Determination
of royalty fee.

(A) Any owner of a patent licensed under subsection (c) (2) or any licensee thereunder may make
application to the Commission for the determination
of a reasonable royalty fee in accordance with such
procedures as it by regulation may establish.
(B) Any person seeking to obtain the just compensation provided 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 ) . A n y person making 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 who is not
entitled to compensation therefor under subsection _
(a) and who has complied with subsection (a) (3)
above may make application 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.
(3)

STANDARDS.—

(A) I n determining such reasonable royalty fee,
the Commission shall take into consideration any
defense, general or special, that might be pleaded
by a. defendant in an action for infringement, 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.

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§§ll(e)-12(a)

s (B) I n 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) I n determining the amount of any award
under paragraph (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 proceeding, including the findings and conclusions upon
which the determination.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
Commission 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),1C by the Commission or any
party to the court proceeding.

^ISensa- 0 "
tion.

Payment of
awards.

Judicial review
awards,

'

GENERAL AUTHORITY
(42 U. S. C. 1812)

SEC. 12. (a) In the performance of its functions the
Commission is authorized to—
(1) establish advisory boards to advise with and
make recommendations to the Commission on legislation, policies, administration, research, and other
matters:
(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 projierty;

Advisory
boards.

standards to
mateiiatefete.
(bff p.6!^1)6

" Sec. 240 of the Judicial Code was repealed and reenactecl bv Public
Law 773. 80th Cong., as sec. 1254 of title 28, U. S. C. Text of'title 28,
U. S. Code, sec. 1254, will be found in appendix E, item No. 5.

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§ 12 (a)
Studies, hearings, etc.

Administration
of oaths, etc.

Officers and
employee!.

Acquisition of
property,etc.

Use of Government sery.ices,
etc.

Purchase, sale,
etc., of property.

26
(3) make such studies and investigations, ^
m
such information, and hold such hearings as the
Commission may deem necessary or proper to assist it in exercising any authority provided 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 privilege against self-incrimination, but the immunity provisions of the Compulsory Testimony Act of February 11, 1893
(U. S. O , title 49, sec. 46), 17 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 1923,18 as
amended, except that to the extent the Commission
deems such action necessary 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 administrative review of any determination
to dismiss any employee;
(5) acquire such materials, property, equipment,
and facilities, establish or construct such buildingsand 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 property as agent of and on behalf of the
" Text of title 49, U.' S. Code, sec. 46, will be found in appendix E, item
No.18 6.
The citation to the Classification Act of 1923, as amended, will be
found in appendix E, item No. 7.

000093

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27

§§12(a)-13(a)

^ed 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 19 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.
(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 COMMIITEES.—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 section may serve
as such without regard to the provisions of sections 109
and 113 of the Criminal Code 20 (18 U. S. C , sees. 198 and
203) or section 19 (e) of the Contract Settlement Act
of 1944,21 except insofar as such sections may prohibit any
such member from receiving compensation in respect of
any particular matter which directly involves the Commission or in which the Commission is directly interested.

Disposition of
radioactive materials, etc.

Advisory
committees ;
exemptions
from s t a t u t e s .

COMPENSATION FOR PRIVATE PROPERTY
ACQUIRED
(42 TJ. S. C. 1S13)

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 compensation. 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 22 to recover such further sum as added to said 50

Just compensation to be paid.

19
Citations to the Surplus Property Act of 1944 will be found in appendix
E, item No. 8.
20
Sees. 109 and 113 of the Criminal Code (18 U. S. C , sees. 198 and
203) were repealed and reenacted by Public Law 772, 80th Cong., as sees.
283 and 281, respectively, of title 18, U. S. C. Text of title 18, U. S.
Code.
sees. 283 and 281. will be found in appendix E. item No. 9.
21
Text of see. 19 (e) of the Contract Settlement Act of 1944 will be
found
in
appendix E. item No. 10.
-2 Sec. 24 (20) of the Judicial Code was repealed and reenacted by
Public Law 773, 80fh Cong.,, as sees. 1346, 2401, and 2402 of title 28,
U. S. C. Sec. 145 of t h e Judicial Code was repealed and reenacted bv
Public Law 773, 80th Cong., as sees. 1491, 1496. 1501. 1503, and 2501 of
title 28, U. S. C. Text of title 28, U. S. Code. sees. 1346. 2401. and
2402, will be found in appendix E, item No. 1 1 . Text of title 28, U. S.
Code, sees. 1491, 1496, 1501, 1503, and 2501 will be found in appendix
E, item No. 12.

000094

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&gt; *
§§13 ( a ) - 1 5 (b)

Exercising
eminent
domain.

•)

28

per centum will make up such amount as will v Jus!
compensation.
(b) I n the exercise of the rights of eminent domain
and condemnation, proceedings mav be instituted under
the Act of August 1, 1888 (U. S. C., title 40, sec. 257), 23
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 property 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

R E V I E W AND A D M I N I S T R A T I V E
PROCEDURE
(42 U. S. C. 1814)

Applicability of
Administrative
Procedure Act.

"Agency
action,"
"Agency."-

S E C 14. (a) Notwithstanding the provisions of section 12 of the Administrative Procedure Act (Public
Law 404, Seventy-ninth Congress, approved June 11,
1946)24 which provide when such Act shall take effect,
section 10 of such A c t 2 i (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 Administrative Procedure Act.
(c) 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.
J O I N T C O M M I T T E E ON ATOMIC E N E R G Y
(42 U. S. C. 1815)

J o i n t Committee on Atomic
Energy.

Functions.

SEC. 15 (a) There is hereby established a Joint Committee on Atomic Energy to be composed of nine Members of the Senate to be 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
members 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 Commission shall keep the
joint committee fully and currently informed with respect to the Commission's activities. All bills, resolu23
Text of title 40, U. S. Code, sec' 257, will be found in appendix E,
item
No. 13.
24
Text of Administrative Procedure Act. sees. 12 and 10, will be found
in appendix E, items No. 14 and 15, respectively.

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29

§§ !5 (»&gt;)-16 (a)

tic
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 members
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
committee 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 documents,
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 104,25 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 compensation 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 1923,26 as amended, for comparable duties. The committee is authorized to utilize the
services, information, facilities, and personnel of the departments and establishments of the Government.

Reports.

Vacancies.

Hearings, etc.

Compensation
of experts, etc.

Special
authority.

ENFORCEMENT
(42 U. S. 0. 1816)

SEC. 16. (a) Whoever willfully violates, attempts to Penalties,
violate, or conspires to violate, any provision of sections
4 ( b ) , 4 (e), 5 (a) (3), or 6 (b) shall, upon conviction
thereof, be punished by a fine of not more than $10,000
25
Text of Revised Statutes, sees. 102-104 will be found in appendix E,
item
No. 16.
20
The citation to. the Classification Act of 1923, as amended will be
found in appendix E, item No. 7.
96318—52
5

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§§16 (a)-17

30

or by imprisonment for not more than five years, o
it, M
except that whoever commits such an offense with lment 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 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 n o t .
more than $20,000 or by imprisonment for not more than
twenty years, or both.
(b) Whoever willfully violates, attempts to violate, or
conpires to violate, any provision of this Act other than
those specified in subsection (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 by imprisonment for not more than
two 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 a fine of not
more than $20,000 or by imprisonment for not more than
ii ati b k w e n t y years, or both.
commission.y
(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 for 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.
?uebpena,fetc?ey
(d) I n case of failure of refusal to 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 subpena; and any failure to obey
such order of the court may be punished by such court
as a contempt thereof.
REPORTS
(42 U. S. O. 1817)

reports.

SEC. 17. The Commission shall submit to the Congress, in January and July of each year, a report con-

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31
c ^ng the activities of ^the Commission. 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^

§§ 17-18 (g)

Additional
legislation.

DEFINITIONS
(42 U. S. C. 1818)

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 department, 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, authority, administration, or other establishment, in the executive branch
of the Government.
(c) The term "person" means any individual, corporation, partnership, 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 foregoing, 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 purposes, 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.

"Atomic
energy."

"Government
agency."

"Person.'

"United
States."
"Research and
development."

"Equipment or
device utilizing
fissionable
material cr
atomic energy."

"Facilities for
the production
of fissionable
material."

000098

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&lt;§§ 19-21

32
APPROPRIATIONS 7
(42 U. S. 0. 1819)

Appropriations
author! led.

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 appropriate specified
portions thereof to be accounted for upon the certification
of the Commission only. Funds appropriated to the
Commission shall, if obligated by contract during the
fiscal year for which appropriated, remain available for
expenditure for four years following the expiration of
the fiscal year for which appropriated. After such fouryear 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 circumstances 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.
" T h e legislation appropriating funds to the Atomic Energy Commission
(including "riders") is set fo.rth in appendix G, p. 50.

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APPENDIXES
APPENDIX A
(See sec. 9 ( a ) of the Atomic Energy Act, p. 17, supra ; see also 3 CFR, 1946 supp.,
p. 189)
EXECUTIVE ORDER

9816

PROVIDING FOR T H E TRANSFER OF PROPERTIES AND PERSONNEL TO T H E ATOMIC ENERGY
COMMISSION

By virtue of the a u t h o r i t y vested in me by the Constitution and t h e s t a t u t e s ,
including t h e Atomic Energy Act of 1946, and a s President of the United States
and Commander in Chief of t h e Army and the Navy, it is hereby ordered a n d
directed a s follows:
1. T h e r e a r e transferred to the Atomic Energy Commission all interests owned
by the United States or any Government agency in t h e following p r o p e r t y :
( a ) All fissionable m a t e r i a l ; all atomic weapons and p a r t s thereof; all facilities, equipment, and m a t e r i a l s for the processing, production, or utilization of
fissionable m a t e r i a l or atomic e n e r g y ; all processes a n d technical information
of any kind, and t h e source thereof (including d a t a , drawings, specifications,
patents, p a t e n t applications, and other sources) relating to the processing, production, or utilization of fissionable m a t e r i a l or atomic e n e r g y ; and all contracts,
agreements, leases, patents, applications for patents, inventions and discoveries
(whether p a t e n t e d or u n p a t e n t e d ) , and other rights of any k i n d concerning any
such items.
(b) All facilities, equipment, and materials, devoted primarily to atomic energy
research and, development.
2. There also a r e t r a n s f e r r e d to the Atomic Energy Commission all property,
real or personal, tangible or intangible, including records, owned by or in the
possession, custody or control of t h e M a n h a t t a n Engineer District, W a r Department, in addition to t h e property described in p a r a g r a p h 1 above. Specific items
of such property, including records, may be excepted from transfer to t h e Commission in the following m a n n e r :
( a ) The Secretary of W a r shall notify t h e Commission in writing as to t h e
specific items of property or records he wishes to except; and
(b) If after full examination of the facts by the Commission, it concurs in t h e
exception, those specific items of property or records shall be excepted from
transfer to the Commission; or
(c) If after full examination of t h e facts by the Commission, it does not concur in the exception, t h e m a t t e r shall be referred to the President for decision.
3. The Atomic Energy Commission shall exercise full jurisdiction over all interests and property transferred to the Commission in p a r a g r a p h s 1 and 2 above,
in accordance with the provisions of the Atomic Energy Act of 1946.
4. Any Government agency is authorized to transfer to t h e Atomic Energy
Commission, a t the request of t h e Commission, any property, real or personal,
tangible or intangible, acquired or used by such Government agency in connection
with any of the property or interests transferred to t h e Commission by parag r a p h s 1 and 2 above.
5. Each Government agency shall supply t h e Atomic Energy Commission with a
report on, and an accounting and inventory of, all interests and property, described in p a r a g r a p h s 1, 2 and 4 above, owned by or in the possession, custody,
or control of such Government agency, the form and detail of such report, accounting and inventory, to be determined by m u t u a l agreement, or, in case of
nonagreement, by the Director of t h e Bureau of the Budget.
(33)

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&gt; •&gt; j •
34
6. ( a ) There also a r e t r a n s f e r r e d to the Atomic Energy Commission, all ci _
i
officers and employees of the M a n h a t t a n Engineer District, W a r Department,
except t h a t t h e Commission and the Secretary of W a r may by m u t u a l agreement
exclude any of such personnel from transfer to the Commission.
(b) T h e military and naval personnel heretofore assigned or detailed to the
M a n h a t t a n Engineer District, W a r Department, shall continue to be made available to the Commission, for military and naval duty, in similar manner, without
prejudice to the military or n a v a l s t a t u s of such personnel, for such periods of
time as may be agreed m u t u a l l y by t h e Commission and the Secretary of W a r or
the Secretary of t h e Navy.
7. T h e assistance and the services, personal or other, including the use of
property, heretofore made available by any Government agency to the M a n h a t t a n
Engineer District, W a r Department, shall be made available to - the Atomic
Energy Commission for the same purposes as heretofore and under the a r r a n g e ments now existing until t e r m i n a t e d after 30 days notice given by the Commission or by the Government agency concerned in each case.
8. T h e Commission is authorized to exercise all of the powers and functions
vested in the Secretary of W a r by Executive Order No. 9001, of December 27,
1941, as amended, in so far as they relate to contracts heretofore made by or
hereby t r a n s f e r r e d to the Commission.
9. Such further measures and dispositions as may be determined by t h e
Atomic Energy Commission and any Government agency concerned to be necess a r y to effectuate t h e transfers authorized or directed by this order shall be
carried out in such m a n n e r as the Director of the B u r e a u of the Budget may
direct and by such agencies as he may designate.
10. This order shall be effective as of midnight, December 31, 1946.
HARRY S. T R U M A N
THE

WHITE

HOUSE,

Deceniber 31, 1946.
[F. R. Doc. 46-22112 ; Filed, Dec. 31, 1946; 5 : 05 p. m.]
APPENDIX B
P U B L I C L A W 298—82D CONGRESS

(66 Stat. 44, Chapter 159)
S. 2077
AN ACT To provide for certain investigations by the Civil Service Commission in lieu of
the Federal Bureau of Investigation, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United
States
of America in Congress assembled, T h a t sections 10 (b) (5) ( B ) (i) and ( B )
(ii) of t h e Act of August 1, 1946 (60 Stat. 755), entitled "An A c t for t h e developm e n t and control of atomic e n e r g y " ; section 1 (2) of t h e Act of May 22, 1947
(61 Stat. 103), entitled "An Act to provide for assistance to Greece and T u r k e y " ;
section 1 of the joint resolution of May 31, 1947 (61 Stat. 125), entitled "Joint
resolution providing for relief assistance to the people of countries devastated
by w a r " ; section 3 (e) of t h e Act of August 5, 1947 (61 Stat. 780), entitled
"An Act to provide for the reincorporation to The I n s t i t u t e of Inter-American
Affairs, and for other purposes" : section 1001 of the Act of J a n u a r y 27, 1948
(62 Stat. 6 ) , entitled "An Act to promote the better u n d e r s t a n d i n g of the United
States among the peoples of the world and to strengthen cooperative intern a t i o n a l r e l a t i o n s " ; section 110 (c) of the Act of April 3, 1948 (62 Stat. 137),
entitled "An Act to promote world peace and the general welfare, national
interest, and foreign policy of t h e United States through economic, financial, and
other measures necessary to the maintenance of conditions abroad in which
free institutions may survive and consistent with the maintenance of t h e strength
a n d stability of t h e United S t a t e s " ; section 2 of t h e Act of J u n e 14, 1948 (62
Stat. 441), entitled "Joint resolution providing for membership and participation by t h e United States in t h e World H e a l t h Organization and authorizing a n
appropriation t h e r e f o r " ; section 3 of t h e Act of J u n e 30, 1948 (62 Stat. 1151),
entitled " J o i n t resolution providing for acceptance by t h e United States of
America of the Constitution of the I n t e r n a t i o n a l Labor Organization I n s t r u ment of Amendment, and further authorizing a n appropriation for payment of

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35
tht jlted States share of the expenses of membership and for expenses of
participation by the United States"; subsection (c) of section 15 of the Act of
May 10,1950 (64 Stat. 149), entitled "An Act to promote the progress of science;
to advance the national health, prosperity, and welfare; to secure the national
defense; and for other purposes" ; section 3 (e) of the Act of August 11,1950 (64
Stat. 438), entitled "An Act to authorize the District of Columbia government to
establish an Office of Civil Defense, and for other purposes"; and section 510
of the Mutual Security Act of 1951, are amended by striking therefrom, whereever they appear, the words "Federal Bureau of Investigation" and inserting
in lieu thereof the words "Civil Service Commission": Provided, That in the
event an investigation made pursuant to any of the above statutes as herein
amended develops any data reflecting that the individual who is the subject of the
investigation is of questionable loyalty, the Civil Service Commission shall refer
the matter to the Federal Bureau of investigation for the conduct of a full field
investigation, the results of which shall be furnished to the Civil Service Commission for its information and appropriate action : Provided further, That, if
the President deems it to be in the national interest, he may from time to time
cause investigations of any group or class which are required by any of the
above statutes, to be made by the Federal Bureau of Investigation rather than
the Civil Service Commission: Provided further, That notwithstanding the
provisions of section 10 (b) (5) (B) (i) and (ii) of the Atomic Energy Act of
1946 and section 510 of the Mutual Security Act of 1951, as amended by this Act,
a majority of the members of the Atomic Energy Commission, the Director of
Mutual Security, or the Secretary of State, as the case may be, shall certify those
specific positions which are of a high degree of importance or sensitivity, and
upon such certification the investigation and reports required by such provisions
or by any other laws amended by the first section of this Act shall, in the case of
such positions, be made by the Federal Bureau of Investigation rather than the
Civil Service Commission.
SEC. 2. The transfer of investigative functions hereinbefore provided for shall
be effectuated during the period commencing with the ddte of the approval of
this Act and terminating one hundred and eighty days thereafter, it being the
intent of the Congress that the said transfer be effectuated as expeditiously within that period of time as the Civil Service Commission shall consider the facilities of that Commission adequate to undertake all or any part of the functions
herein transferred: Provided, however, That investigations pending with the
Federal Bureau of Investigation at the expiration of the one hundred and eighty
days shall be completed in due course by that Bureau and reports thereof furnished to the Civil Service Commission for its information and appropriate
action.
SEC. 3. Nothing in this Act shall be construed to affect in any way the responsibility of the Federal Bureau of Investigation for investigations of espionage,
sabotage, or subversive acts.
SEC. 4. In order to carry out the provisions and purposes of this Act, appropriations available to the departments or- agencies, on whose account investigations are made pursuant to the statutes amended by section 1 of this Act, shall
be available for advances or reimbursements directly to the applicable appropriations of the Civil Service Commission, or of the Federal Bureau of Investigation, for the cost of investigations made for such departments or agencies.
Approved April 5, 1952.
APPENDIX C
[PUBLIC LAW 14—81ST CONGRESS]

(63 Stat. 11)
[H. E. 54].
AN ACT
To retrocede to t h e State of New Mexico exclusive jurisdiction held by the United States
over lands within t h e boundaries of t h e Los Alamos Project of t h e United S t a t e s Atomic
Energy Commission.

Be it enacted by the Senate and Souse of Representatives of the United States
of America in Congress assembled, That there is hereby retroceded to the State
of New Mexico the exclusive jurisdiction heretofore acquired from the State

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36
of New Mexico by the United States of America, over lands in Sandoval ,
ity
and Santa F e County, New Mexico, within the present boundaries of the Los
Alamos Project of t h e United States Atomic Energy Commission.
SEC. 2. This retrocession of jurisdiction shall take effect upon acceptance by
the State of New Mexico.
Approved March 4, 1949.
LEGISLATIVE HISTORY INDEX TO H.

R. 54

( P a g e references a r e to Congressional Record, 81st Cong., 1st sess.)
Mr. F e r n a n d e z ; Committee on Public Lands, 14.
Reported back (H. Rept. 31), 1038.
Passed House, 1365.
Ordered placed on Senate Calendar, 1421.
Passed Senate (in lieu of S. 152), 1557.
Examined and signed, 1569, 1622.
Presented to the President, 1693.
Approved (Public Law 14), 1929.
NOTE.—The legislative history indexes of similar bills introduced in the Senate
a r e given below for purposes of reference.
S. 152
Mr. Hickenlooper; Committee on Interior and Insular Affairs, 41. (The Committee on Interior and I n s u l a r Affairs discharged, and referred to the J o i n t
Committee on Atomic Energv, 675.)
Reported back (S. Rept. 76), 1418.
Indefinitely postponed (H. R. 54 passed in lieu), 1557. .
'

, S. 210

Mr. A n d e r s o n ; Committee on Interior and I n s u l a r Affairs, 42. (Committee on
I n s u l a r Affairs discharged and referred to the J o i n t Committee on Atomic
Energy, 569.)
APPENDIX D

• ATOMIC ENERGY LEGISLATION
On August 6,1945, President Truman announced the first military
use of an atomic bomb. Congress was not in session on that date. The
House of Representatives pursuant to House Concurrent Resolution
68 had adjourned on July 21 until October 8, 1945. The Senate, on
August 1, 1945, adjourned until October 8, 1945, under the terms of
the same resolution. On,September 1, 1945, "legislative expediency"
warranted "reassembly of Congress" on September 5,1945.
On September 5, 1945, the day the Congress reassembled, the first
bill regarding the control of the atomic bomb was introduced by Congressman Bender in the House. I t was H . R. 3912, a bill making it a
capital offense to disclose information or impart knowledge with respect to the atomic bomb. On the same day, Congressman Ludlow
introduced House Resolution 336 which was a "resolution urging
action by the United Nations to ban the atomic bomb as an instrument
of war."
The first bill introduced in the Senate was introduced on September
6,1945, by Senator MeMahon. I t was S. 1359, "a bill to conserve and
restrict the use of atomicj,energy for the national defense, to prohibit
its private exploitation, and to preserve the secret and confidential
character of information concerning the use and application of atomic

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en _.." On the same day, Senator Vandenberg introduced Senate
Concurrent Resolution 28 which had as its purpose "creating a joint
committee to investigate the matter of the development, control, and
use of atomic energy."
Subsequently a variety of legislation regarding atomic energy consisting of bills and resolutions was introduced in both Houses of Congress. They are listed in the tables below.
NumSbers of biUs and resolutions introduced in tlie House of
. during the 19th Cong.
Bill or resolution No.
H. R. 3912
H. R. 3997
.
H. R. 4014
H. R. 4015
H. R.4152.
H. R. 4280
H. R. 4566
H. Res. 336 . - . . .
H. Res. 345
H. Res. 381
H. Res. 404
H. Con. Res. 83
H. Con. Res. 115
H. Con. Res. 117.,
H. J. Res. 292
H. J. Res. 296 H. R. 5230
H. R. 5364
H. R. 5365
:
H. R. 6197
H. Res. 505
H. Res. 592
H. Res. 593
-.
H. Res. 594
H. Res. 595
H. Res. 596
H. Res. 688
H. Res. 697
H. Res. 708
H. Con. Res. 124.
H. Con. Res. 146.
H. J. Res. 307
H. J. Res. 326

Author

__:._do

- -

Representatives
Congress and. session

'

do

- -

O'Toole (New York)

--- .

-

. . . . do .

---

Celler (New York)
Holifleld (California)

.

Holifleld (California)...

:

.

.
W9th, 2d.

..
-.

-•

.
.

Numbers of bills and resolutions relating to atomic energy introduced in the
Senate during the 79th Cong.
Bill or resolution No.
S. 1359..
S 1463
S. 1557.
S 1717
S. Res. 179
S Res. 183
S. Res. 186
S. Res. 206
S. Con..Res. 28
S. Con Res. 38
S J. Res 93
S. J. Res. 103
S. 1824
S 2054
S. Res. 232
S. Res. 237

Author

Congress and session

MeMahon (Connecticut) _

...

Ball (Minnesota)

.

.

do
Taylor (Idaho).
-

-

...

.
.

S. Res. 255

..

.

-- -- -.
-- - Thomas (Utah)
Thomas (Utah).
. . Hill (Alabama)
.
do
[Fulbright (Arkansas)

:

._

96348—52-

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On October 9,1945, Senator MeMahon introduced Senate Resc on
179, which had as its purpose "creating a special committee to investigate problems relating to the development, use, and control of atomic
energy." The resolution was agreed to on October 22,1945: The resolution, as agreed to, and legislative history index are:
Senate Resolution 179
Resolved, That a special committee on atomic energy to be composed of eleven
Members of the Senate appointed by the President pro tempore of the Senate, of
whom one shall be designated as chairman by the President pro tempore, is
authorized and directed to make a full, complete, and continuing study and investigation with respect to problems relating to the development, use, and control
of atomic energy. All bills and resolutions introduced in the Senate, and all
bills and resolutions from the House of Representatives proposing legislation
relating to the development, use, and control of atomic energy shall be referred
to the special committee. The special committee is authorized to report to the
Senate at the earliest practicable date by bill or otherwise with recommendations
upon any matters covered by this resolution. The existence of this committee
shall terminate at the end of the Seventy-ninth Congress.
For the purposes of this resolution the committee, or any duly authorized subcommittee thereof, is authorized to hold such hearings, to sit and act at such
times and places during the sessions, recesses, and adjourned periods of the Senate in the Seventy-ninth Congress, to employ such experts, and such clerical, stenographic, and other assistants, to require by subpena or otherwise the attendance
of such witnesses and the production of such correspondence, books, papers, and
documents, to administer such oaths, to take such testimony, 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 expenses
of the committee, which shall not exceed $25,000, shall be paid from the contingent
fund of the Senate upon vouchers approved by the chairman.
Legislative history index to Senate Resolution 179
(Page numbers refer to Congressional Record, 79th Cong., 1st sess.)
Introduced and referred to Committee on Interstate Commerce, 9472.
Reported with amendments and referred to the Committee to Audit and Control
the Contingent Expenses of the Senate, 9644.
Reported back, 9759.
Debated in Senate 9785-9788, 9888-9894, 9695-9898.
Passed Senate, 9898.

On November 27, 1945, the Senate Special Committee on Atomic
Energy began "public hearings on the entire question of the atomic
bomb and atomic energy." The public hearings, entitled "Atomic
Energy," were published in five parts. They are—
Part 1, November 27, 28, 29, and 30, 1945; December 3, 1945.
Part 2, December 5, 6,10, and 12,1945.
Part 3, December 13,14,19, and 20,1945.
Part 4, January 24, 1946.
Part 5, February 15, 1946.
Included in legislation referred to the Senate Special Committee on
Atomic Energy was S. 1717, introduced by Senator MeMahon on December 20,1945. S. 1717 (companion bill, H. R. 5364) was ultimately
passed by the Congress and became Public Law 585, Seventy-ninth
Congress, cited as the Atomic Energy Act of 1946. The legislative
history index of S. 1717 is printed below.

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S. 1717
For the development and control of atomic energy
(Page references are to Congressional Record, 79th Cong., 2d sess., unless
otherwise indicated)
Introduced December 20, 1945.
Mr. MeMahon, from the Special Committee on Atomic Energy, 12406. (79th
Cong., 1st sess.)
Reported with amendment (S. Rept. 1211), 4031.
Debated, amended, and passed Senate, 6076-6098.
Referred to House Committee on Military Affairs, 6351.
Reported with amendment (H. Rept. 2478), 8602.
Made special order (H. Res. 708), 9135-9144.
Debated in House, 9249-9275, 9340-9386, 9463-9477, 9478-9493, 9495-9562.
Passed House, 9563.
Senate disagrees to House amendments and asks for a conference, 9611.
Conferees appointed, 9611.
House insists upon its amendments and agrees to a conference, 9663.
Conferees appointed, 9663, 10020.
Conference report submitted in Senate and agreed to, 10167.
Conference report (No. 2670) submitted in House and agreed to, 10189-10199.
Examined and signed, 10329,10411.
Presented to the President, 10412.
Approved [Public Law 585], 10619.
(See hearings entitled "Atomic Energy Act of 1946," before Senate Special
Committee on Atomic Energy. Hearings on S. 1717, a bill for the development
and control of atomic energy, pts. 1 to 5, dated as follows:
Pt. 1, January 22 and 23, 1946;
Pt. 2, January 25, 28, 29, 30, 31, and Pebruary 1,1946;
Pt. 3, February 7, 8, 11, 13, and 14, 1946;
Pt. 4, February 18,19, and 27,1946; and
Pt. 5, April 4 and 5,1946.)
H. R. 6402
To provide for extension of the terms of office of the present members of the
Atomic Energy Commission
(Page references are to Congressional Record, 80th Cong., 2d sess.)
(Introduced April 30, 1948.)
Mr. Cole of New York; Joint Committee on Atomic Energy, 5166.
Reported back (H. Rept. 1973), 6050.
Minority views (H. Rept.1973, pt. 2), 6348, 6373.
Passed House, 8953.
Debated in Senate (in lieu of S. 2589), 9034, 9067, 9070.
Passed Senate (in lieu of S. 2589), 9073.
Examined and signed, 9354, 9363.
Presented to the President, 9365.
Approved [Public Law 898], 9368.
S. 2372
To amend the Atomic Energy Act of 1946 (providing for changes in Military
Liaison Committee)
(Page references are to Congressional Record, 81st Cong., 1st sess.)
(Introduced August 3,1949.)
Mr. MeMahon; Joint Committee on Atomic Energy, 10650.
Reported with amendment (S. Rept. 934), 11732.
Objected to, 12376.
Amended and passed Senate, 12386.
Passed House (in lieu of H. R. 5884), 13557.
Examined and signed, 13638,13735.
Presented to the President, 13647.
Approved [Public Law 347], 14490.

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S. 3437

t.

To amend the Atomic Energy Act of 1946 (changing compensation to be received
by members of the Atomic Energy Commission)
(Page references are to Congressional Record, Slst Cong., 2d sess.)
(Introduced April 17,1950.)
Mr. MeMahon; Joint Committee on Atomic Energy, 5234.
Reported with amendments (S. Rept. 2493), 13803.
Amended and passed Senate, 14664.
Referred to Joint Committee on Atomic Energy, 14872.
Committee discharged, passed House, 15329.
Examined and signed, 15458,15646.
.
Presented to the President, 15459.
Approved [Public Law 820], 15771.
S. 2233
To amend the Atomic Energy Act of 1946, as amended (relating to the control
of atomic information)
(Page references are to Congressional Record, 82d Cong., 1st sess.)
(Introduced October 8,1951.)
Mr. MeMahon, from the Joint Committee on Atomic Energy (S. Rept. 894), 12737.
Ordered placed on Senate Calendar, 12737.
Debated, 12853, 12937,12938.
Passed Senate, 12941.
Passed House (in lieu of H. R. 5646), 13311.
Examined and signed, 13351, 13405.
Presented to the President, 13409.
Approved [Public Law 235], 13732.
S. 2077
To provide for certain investigations by the Civil Service Commission in lieu
of the Federal Bureau of Investigation, and for other purposes
(Page references are to .Congressional Record, 82d Cong., 2d sess., except where
otherwise indicated)
(Introduced August 30,1951.)
Mr. Johnston (South Carolina), Committee on Post Office and Civil Service, 10794
(82d Cong., 1st sess.).
Reported with amendments, 13113 (S. Rept. 950, 82d Cong., 1st sess.).
Objected to, 13535 (82d Cong., 1st sess.).
Amended and passed Senate, 485.
Referred to House Committee on Post Office and Civil Service, 558.
Reported back (H. Rept. 1449), 1658.
Made special order (H. Res. 555), 2140.
Debated, 2143.
Amended and passed House, 2158.
Senate disagrees to House amendment and asks for a conference, 2348.
Conferees appointed, 2348.
House agrees to a conference asked by the Senate, 2437.
Conferees appointed, 2437.
Conference report (No. 1635) submitted in House, 2880.
Conference report submitted in Senate and agreed to, 2934.
House agrees to conference report, 2980.
Examined and signed, 3031,3134.
Presented to the President, 3034.
Approved, April 5, 1952 [Public Law 298] (omitted in Record).
(See hearings entitled "Transfer of Responsibility for Conducting Certain
Personnel Investigations" before House Post Office and Civil Service Committee. Hearings on S. 2077 and H. R. 5549 (introduced October 1, 1951 as companion bill to S. 2077), dated Feb. 5,1952.)
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APPENDIX E
TEXTS OF LAWS REFERRED TO IN THE ATOMIC ENERGY ACT OF 1946

(The texts of laws referred to in the Atomic Energy Act of 1946 which are
quoted below are the texts as amended through the 82d Cong, and appearing in
the U. S. Code.) ~
ITEM NO. 1

(Referred to in sec. 2 (d), Atomic Energy Act of 1946, as amended, p. 6, supra)
Title 10. U. S. Code. Section 576
Accepting or holding civil office
No officer of the Army on the active list shall hold any civil office,.whether by
election or appointment, and every such officer who accepts or exercises the functions of a civil office shall thereby cease to be an officer of the Army, and his
commission shall be thereby vacated. (R. S., sec. 1222.)

ITEM No. 2
(Referred to in sec. 2&gt; (d), Atomic Energy Act of 1946, as amended, p. 6, supra)

Title 5, U. S. Code, Section 59a
Double salaries. Limitation of amount of retired pay as commissioned officer
in Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and
Public Health Service
(a) After June 30, 1932, no person holding a civilian office or position, appointive or elective, under the United States Government or the municipal
government of the District of Columbia or under any corporation, the majority
of the stock of which is owned by the United States, shall be entitled, during
the period of such incumbency, to retired pay from the United States for or on
account of services as a commissioned officer in any of the services mentioned
in Title 37, at a rate in excess of an amount which when combined with the
annual rate of compensation from such civilian office or position, makes the
total rate from both sources more than $3,000; and when the retired pay amounts
to or exceeds the rate of $3,000 per annum such person shall be entitled to the
pay' of the civilian office or position or the retired pay, whichever he may elect.
As used in this section, the term "retired pay" shall be construed to include
credits for all service that lawfully may enter into the computation thereof.
(b) This section shall not apply to any person whose retired pay, plus civilian
pay, amounts to less than $3,000: Provided, That this section shall not apply to
regular or emergency commissioned officers retired for disability incurred in
combat with an enemy of the United States or for disabilities resulting from an
explosion of an instrumentality of war in line of duty during an enlistment or
employment as provided in Veterans Regulation Numbered 1 (a), part I, paragraph I. (June 30, 1932, ch. 314, sec. 212, 47 Stat. 406; July 15, 1940, ch. 626,
sec. 3, 54 Stat. 761.)
ITEM No. 3
(Referred to in sec. 2 (d), Atomic Energy Act of 1946, as amended, p. 6, supra)

Title 5, U. S. Code, Section 62
Holding other lucrative office
No person who holds an office the salary, or annual compensation attached
to which amounts to the sum of two thousand five hundred dollars shall be
appointed to or hold any other office to which compensation is attached unless
specially authorized thereto by law; but this shall not apply to retired officers of
the Army, Navy, Marine Corps, or Coast Guard whenever they may be elected
to public office or whenever the President shall appoint them to office by and
with the advice and consent of the Senate. Retired enlisted men of the Army,
Navy, Marine Corps, or.Coast Guard retired for any cause, and retired officers
of the Army, Navy, Marine Corps, or Coast Guard who have been retired for

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injuries received in battle or for injuries or incapacity incurred in line „
.ty
shall not, within the rfleaning of this section, be construed to hold or to nave
held an office during such retirement. (July 31,1894, ch. 174, sec. 2, 28 Stat. 205;
May 31, 1924, ch. 214, 43 Stat. 245; July 30, 1937, ch. 545, sec. 6, 50 Stat. 549;
June 25,1938, ch. 694, 52 Stat. 1194.)

ITEM No. 4

(Referred to In sees. 3 (a), p. 7, 4 (c) (2), p. 8, 5 (a), p. 11, and 5 (b) (5)), p. 12,
Atomic Energy Act of 1946, as amended, supra)
Title 41, U. S. Code, Section 5
Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell
Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Government may be made
or entered into only after advertising a sufficient time previously for proposals,
except (1) when the amount involved in any one case does not exceed $500, (2)
when the public exigencies require the immediate delivery of the articles or
performance of the service, (3) when only one source of supply is available and
the Government purchasing or contracting officer shall so certify, or (4) when
the services are required to be performed by the contractor in person and are
(A) of a technical and professional nature or (B) under Government supervision and paid for on a time basis. Except (1) as authorized by section 1638
of Appendix to Title 50, (2) when otherwise authorized by law, or (3) when
the reasonable value involved in any one case does not exceed $500, sales and
contracts of sale by the Government shall be governed by the requirements of
this section for advertising. (R. S., sec. 3709; Aug. 2, 1946, ch. 744, sec. 9 ( a ) ,
60 Stat. 809, as amended June 30,1949, ch. 288, title VI, sec. 602 (f), Sept. 5,1950,
ch. 849, sees. 6 (a), (b), 8 (c), 64 Stat. 583, 591.)

ITEM No.

5

(Referred to in see. 11 (e) (4), Atomic Energy Act of 1946, as amended, p. 25, supra)
Title 28, U. S. Code, Section 1254
Courts of appeals; certiorari; appeal; certified questions.
Cases in the courts of appeals may be reviewed by the Supreme Court by the
following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil
or criminal case, before or after rendition of judgment or decree;
(2) By appeal by a party relying on a State statute held by a court of appeals
to be invalid as repugnant to the Constitution, treaties or laws of the United
States, but such appeal shall preclude review by writ of certiorari at the instance
of such appellant, and the review on appeal shall be restricted to the Federal
questions presented;
(3) By certification at any time by a court of appeals of any question of law
in any civil or criminal case as to which instructions are desired, and upon such
certification the Supreme Court may give binding instructions or require the
entire record to be sent up for decision of the entire matter in controversy.
(June 25,1948, ch. 646, sec. 1, 62 Stat. 928, effective September 1,1948.)

ITEM No. 6

(Referred to in sec. 12 (a) (3), Atomic Energy Act of 1946, as amended, p. 26, supra)
Title 49, U. S. Code, Section 46
Self-criminating testimony; perjury; refusal to testify
No person shall be excused from attending and testifying or from producing
books, papers, tariffs, contracts, agreements, and documents before the Interstate
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Co:
.ce Commission, or in obedience to the subpoena of the commission, whether
such subpoena be signed or issued by one or more commissioners, or in any cause
or' proceeding, criminal or otherwise, based upon or growing out of any alleged
violation of chapter 1 of this title on the ground or for the reason that the
testimony or evidence, documentary or otherwise, required of him, may tend
to criminate him or subject him to a penalty or forfeiture. But no person shall
be prosecuted or subjected to any penalty or forfeiture for or on account of
any transaction, matter or thing, concerning which he may testify, or produce
evidence, documentary or otherwise, before said commission, or in obedience
to its subpoena, or the subpoena of either of them, or in any such case of proceeding: Provided, That no person so testifying shall be exempt from prosecution
and punishment for perjury committed in so testifying. Any person who shall
neglect or refuse to attend and testify, or to answer any lawful inquiry, or to
produce books, papers, tariffs, contracts, agreements, and documents, if in his
power to do so, in obedience to the subpoena or lawful requirement of the commission shall be guilty of an offense and upon conviction thereof by a court
of competent jurisdiction shall be punished by fine not less than $100 nor more
than $5,000, or by imprisonment for not more than one year or by both such
fine and imprisonment. (Feb. 11, 1893, ch. 83, 27 Stat. 443.)

ITEM NO. 7

(Referred to in sees. 12 (a) (4), p. 26, and 15 (e), p. 29, Atomic Energy Act of 1946, as
amended, supra)

The Classification Act of 1923, as amended, which is too extensive to be reproduced here is codified in title 5, U. S. Code, chapter 13.

I T E M No.

8

(Referred to in sec. 12 (a) (8), Atomic Energy Act of 1946, as amended, p. 27, supra)

The Surplus Property Act of 1944 which is too extensive to be reproduced here
will be found in 58 Stat. 765 and 50, App., U. S. Code, sec. 1611, et seq.

ITEM No.

9

(Referred to In sec. 12i (c), Atomic Energy Act of 1946, as amended, p. 27, supra)
Title 18, U. S. Code, Section 283
Officers or employees interested in claims against the Government
Whoever, being an officer or employee of the United States or any department
or agency thereof, or of the Senate or House of Representatives, acts as an agent
or attorney for prosecuting any claim against the United States, or aids or assists
in the prosecution or support of any such claim otherwise than in the proper
discharge of his official duties, or receives any gratuity, or any share of or interest
in any such claim in consideration of assistance in the prosecution of such claim,
shall be fined not more, than $10,000 or imprisoned not more than one year, or
both.
Retired officers of the armed forces of the United States, while not on active
duty, shall not by reason of their status as such be subject to the provisions of
this section. Nothing herein shall be construed to allow any such retired officer
within two years next after his retirement to act as agent or attorney for prosecuting or assisting in the prosecution of any claim against the United States
involving the department in whose service he holds a retired status, or to allow
any such retired officer to act as agent or attorney for prosecuting or assisting
in the prosecution of any claim against the United States involving any subject
matter with which he was directly connected while he was in an active-duty
status.
This section shall not apply to any person because of his membership in the
National Guard of the District of Columbia nor to any person specially excepted
by enactment of Congress. (June 25,1948, ch. 645, sec. 1, 62 Stat. 697, amended
June 28,1949, ch. 268, sec. 2 (b), 63 Stat. 280.)
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Title 18, U. S. Code, Section 281
Compensation to Members of Congress, officers and others in matters affecting
the Governmient
Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, or the head of a department, or
other officer or employee of the United States or any department or agency
thereof, directly or indirectly receives or agrees to receive, any compensation for
any services rendered or to be rendered, either by himself or another, in relation
to any proceeding, contract, claim, controversy, charge, accusation, arrest, or
other matter in which the United States is a party or directly or indirectly
interested, before any department, agency, court martial, officer, or any civil,
military, or naval commission, shall be fined not more than $10,000 or imprisoned
not more than two years, or both; and shall be incapable of holding any office
of honor, trust, or profit under the United States.
Retired officers of the armed forces of the United States, while not on active
duty, shall not by reason of their status as such be subject to the provisions of
this section. Nothing herein shall be construed to allow any retired officer to
represent any person in the sale of anything to the Government through the
department in whose service he holds a retired status.
This section shall not apply to any person because of his membership in the
National Guard of the District of Columbia nor to any person specially excepted
by Act of Congress. (June 25, 1948, ch. 645, sec. 1, 62 Stat. 697, amended May
24,1949, ch. 139, sec. 6, 63 Stat. 90.)

ITEM NO. 10

(Referred to in sec. 12 (c), Atomic Energy Act of 1946, as amended, p. 27, supra)

Title 18, U. S. Code, Section 284
Contract Settlement Act of 1944, Section 19 (e) 28
(62 Stat. 698, Public Law 395, 79th Cong.)
Government employees. Restriction on right to prosecute claims, etc.
Whoever, having been employed in any agency of the United States, including
commissioned officers assigned to duty in such agency, within two years after the
time when such employment or service has ceased, prosecutes or acts as counsel,
attorney, or agent for prosecuting, any claims against the United States involving any subject matter directly connected with which such person was so employed or performed duty, shall be fined not more than $10,000 or imprisoned not
more than one year, or both.. (June 25, 1948, ch. 645, sec. 1, 62 Stat. 698,
amended May 24,1949, ch. 139, sec. 7, 63 Stat. 90.)

ITEM NO. 11

(Referred to in sec. 13 (a), Atomic Energy Act of 1946, as amended, p. 2,7, supra)

Title 28, U. S. Code, Section 1346
United States as defendant
(a) The district courts shall have original jurisdiction, concurrent with the
Court of Claims, of:
(1) Any civil action against the United States for the recovery of any internalrevenue tax alleged to have been erroneously or illegally assessed or collected,
or any penalty claimed to have been collected without authority or any sum
alleged to have been excessive or in any manner wrongfully collected under the
internal-revenue laws, (i) if the claim does not exceed $10,000 or (ii) even if the
claim exceeds $10,000 if the collector of internal revenue by whom such tax,
penalty or sum was collected is dead or is not in office as collector of internal
revenue when such action is commenced;
(2) Any other civil action or claim against the United States, not exceeding
$10,000 in amount, founded either upon the Constitution, or any Act of Congress,
28
Sec. 19 (e) Of the Contract Settlement Act of 1944 was repealed by the act of June 25,
1948 (62 Stat.'862, sec. 21), and replaced by 62 Stat. 698 (1.8 XJ-. S.-C. 284).

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,or
regulation of an executive department, or upon any express or implied
contract with the United States, or for liquidated or unliquidated damages in
cases not sounding in tort.
•(b) Subject to the provisions of chapter 171 of this title, the district courts,
together with the District Court for the Territory of Alaska, the United States
District Court for the District of the Canal Zone and the District Court of the
Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against
the United States, for money damages, accruing on and after January 1, 1945,
for injury or loss of property, or personal injury or death caused by the negligent
or wrongful act or omission of any employee of the Government while acting
within the scope of his office or employment under circumstances where the
United States, if a private person, would be liable to the claimant in accordance
with the law of the place where the act or omission occurred.
(c) The jurisdiction conferred by this section includes jurisdiction of any setoff, counterclaim, or other claim or demand whatever on the part of the United
States against any plaintiff commencing an action under this section.
(d) The district courts shall not have jurisdiction under this section of:
(1) Any civil action or claim for a pension ;
(2) Any-civil action or claim to recover fees, salary, or compensation for
official services of officers or employees of the United States. (June 25, 1948,
ch. 646, sec. 1, 62 Stat. 933, amended Apr. 25, 1949, ch. 92, sec. 2 (a), 63 Stat.
62; May 24, 1949, ch. 139, sec. 80 (a), (b), 63 Stat. 101; Oct. 31, 1951, ch. 655,
sec. 50 (b),65 Stat. 727.)
Title 28, U. S. Code, Section 2401
Time for commencing action against United States
(a) Every civil action commenced against the United States shall be barred,
unless the complaint is filed within six years after the right of action first accrues.
The action of any person under legal disability or beyond the seas at the time
the claim accrues may be commenced within three years after the disability
ceases.
(b) A tort claim against the United States shall be forever barred unless action
is begun within two years after such claim accrues or within one year after the
date of enactment of this amendatory sentence, whichever is later, or unless, if
it is a claim not exceeding $1,000, it is presented in writing to the appropriate
Federal agency within two years after such claim accrues or within one year
after the date of enactment of .this amendatory sentence, whichever is later. If
a claim not exceeding $1,000 has been presented in writing to the appropriate
Federal agency within that period of time, suit thereon shall not be barred until
the expiration of a period of six months after either the date of withdrawal of
such claim from the agency or the date of mailing notice by the agency of final
disposition of the claim. (June 25, 1948, ch. 646, sec. 1, 62 Stat. 971, amended
April 25,1949, ch. 92, sec. 1,63 Stat. 62.)
Title 28, U. S. Code, Section 2402
Jury trial denied in actions against United States
Any action against the United States under section 1346 of this title shall be
tried by the court without a jury. (June 25, 1948, ch. 646, sec. 1, 62 Stat. 971,.
effective Sept. 1, 1948.)
ITEM No. 12

(Referred to in sec. 13 (a), Atomic Energy Act of 1946, as amended, p. 27, supra)
Title 28, U. S. Code, Section 1491
Claims against United States generally
The Court of Claims shall have jurisdiction to render judgment upon any
claim against the United States:
(1) Founded upon the Constitution; or
(2) Founded upon any Act of Congress; or
(3) Founded upon any regulation of an executive department; or
(4) Founded upon any express or implied contract with the United States; or(5) For liquidated or unliquidated damages in cases not sounding in tort..
(June 25,1948, ch. 646, sec. 1, 62 Stat. 940, effective Sept. 1,1948.)

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Title 28, U. S. Code, Section 1496
Disbursing officers' claims
The Court of Claims shall have jurisdiction to render judgment upon any claim
Iby a disbursing officer of the United States or by his administrator or executor
for relief from responsibility for loss, in line of duty, of Government funds,
-vouchers, records, or other papers in his charge. (June 25, 1948, ch. 646, sec. 1,
•62 Stat. 941, effective Sept. 1,1948.)
Title 28, U. S. Code, Section 1501
^Pensions
The Court of Claims shall not have jurisdiction of any claim for a pension.
(June 25.1948.ch. 646, sec. 1, 62 Stat. 942;, effective Sept. 1,1948.)
Title 28, U. S. Code, Section 1503
•Set-offs
The Court of Claims shall have jurisdiction to render judgment upon any
set-off or demand by the United States against any plaintiff in such court. (June
•2,5,194S, ch. 646, sec. 1,62 Stat: 942, effective Sept. 1,1948.)
Title 28, U. S. Code, Section 2501
'Time for filing suit
Every claim of which the Court of Claims has jurisdiction shall be barred
unless the petition thereon is filed, or the claim is referred by the Senate or
JHouse of Representatives, or by the head of an executive department within
six years after such claim first accrues.
Every claim under section 1497 of this title shall be barred unless the petition
:thereon is filed within two years after the termination of the river and harbor
improvements operations on which the claim is based.
A petition on the claim of a person under legal disability or beyond the seas
at the time the claim accrues may be filed within three years after the disability
•ceases.
A suit for the fees of an officer of the United States shall not be filed until
"his account for such fees has been finally acted upon unless the General Accounting Office fails to act within six months after receiving the account. (June 25,
:1948, ch. 646, sec. 1, 62 Stat, 976, effective Sept. 1, 1948.)
ITEM No. 13

(Referred to in sec. 13 (b), Atomic Energy Act of 1946, as amended, p. 28, supra)
Title 40. U. S. Code, Section 257
•Condemnation of realty for sites and other uses; jurisdiction
In every case in which the Secretary of the Treasury or any other officer of
the Government has been, or hereafter shall be, authorized to procure real estate
for the erection of a public building or for other public uses he may acquire the
same for the United States by.condemnation, under judicial process, whenever
in his opinion it is necessary or advantageous to the Government to do so, and the
Attorney General of the United States, upon every application of the Secretary
-of the Treasury, under this section and section 258 of this title, or such other
-officer, shall cause procedings to be commenced for condemnation, within thirty
•days from receipt of the application at the Department of Justice. (Aug. 1, 1888,
»ch. 728, sec. 1, 25 Stat. 357; Mar. 3, 1911, ch. 231, sec. 291, 36 Stat. 1167, as
• amended June 25, 1948, ch. 646, sec. 6, 62 Stat. 986.).
ITEM NO. 14

(Referred to in sec. 14 (a), Atomic Energy Act of 1946, as amended, p. 28, supra)
Title 5, U. S. Code, Section" 1011
Administrative Procedure Act, Section 12
•Construction and effect
SEC. 12. Nothing in this chapter shall be held to diminish the constitutional
irights of any person or to limit or repeal additional requirements imposed by stat-

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,te o
erwise recognized by law. Except a s otherwise required by law, all req u i r e m e n t s or privileges relating t o evidence or procedure shall apply equally
to agencies and persons. If any provision of this chapter or t h e application thereof is held invalid, t h e r e m a i n d e r of this chapter or other applications of such proTision shall n o t be affected. Every agency is g r a n t e d all a u t h o r i t y necessary
to comply with t h e requirements of this chapter through t h e issuance of rules or
•otherwise. No subsequent legislation shall be held to supersede or modify t h e
provisions of this chapter except to t h e extent t h a t such legislation shall do so
•expressly. This chapter shall take effect three months after i t s approval except
t h a t sections 1006 and 1007 of this title shall take effect six months after such approval, t h e requirement of t h e selection of examiners p u r s u a n t to section 1010
•of this title shall not become effective until one year after such approval, a n d no
procedural requirement shall b e m a n d a t o r y a s to any agency proceeding initiated
p r i o r to t h e effective date of such requirement. ( J u n e 11, 1946, ch. 324, sec. 12,
60 Stat. 244.)
I T E M No. 15

(Referred to in sec. 14 (a), Atomic Energy Act of 1946, as amended, p. 28, supra)
Title 5, U. S. Code, Section 1009
Administrative Procedure Act, Section 10
Judicial review of agency action
Except so f a r a s (1) s t a t u t e s preclude judicial review or (2) agency action
is by law committed to agency discretion—
( a ) R I G H T OF REVIEW.—Any person suffering legal wrong because of a n y
agency action, or adversely affected or aggrieved by such action within t h e meaning of a n y relevant s t a t u t e , shall be entitled to judicial review thereof.
(b)

FORM AND V E N U E OF PROCEEDINGS.—The form of proceding for j u d i c i a l r e -

view shall be a n y special s t a t u t o r y review proceeding relevant to t h e subject matter in any court specified by s t a t u t e or, i n t h e absence or inadequacy thereof, a n y
applicable form of legal action (including actions for declaratory j u d g m e n t s or
w r i t s of prohibitory or m a n d a t o r y injunction or habeas corpus) i n a n y court
of competent jurisdiction. Agency action shall be subject to judicial review i n
civil or criminal proceedings for judicial enforcement except to t h e extent t h a t
prior, adequate, a n d exclusive opportunity for such review is provided by law.
(c) ACTS REVIEWABLE.—Every agency action m a d e reviewable by s t a t u t e a n d
every final agency action for which there is no other adequate remedy i n a n y
court shall be subject to judicial review. Any preliminary, procedural, or intermediate agency action or ruling not directly reviewable shall be subject
to review upon t h e review of t h e final agency action. Except a s otherwise
expressly required by s t a t u t e , agency action otherwise final shall be final for
t h e purposes of this subsection whether or n o t there h a s been presented or
determined a n y application for a declaratory order, for a n y form of reconsideration, o r (unless t h e agency otherwise requires by rule a n d provides t h a t
t h e action meanwhile shall be inoperative) for a n appeal to superior agency
authority.
( d ) R E L I E F PENDING R E V I E W . — P e n d i n g j u d i c i a l review a n y agency is a u t h o r -

ized, where it finds t h a t justice so requires, to postpone t h e effective d a t e of a n y
action taken by it. Upon such conditions a s m a y be required a n d to t h e extent
necessary to prevent i r r e p a r a b l e injury, every reviewing court (including every
c o u r t to which a case m a y be t a k e n on appeal from or upon application for
certiorari or other w r i t to a reviewing court) is authorized to issue all necessary
a n d appropriate process to postpone t h e effective d a t e of a n y agency action or
to preserve s t a t u s or rights pending conclusion of t h e review proceedings.
(e) SCOPE OF REVIEW.—So f a r a s necessary to decision a n d where presented
the reviewing court shall decide all relevant questions of law, i n t e r p r e t constitutional a n d s t a t u t o r y provisions, a n d determine t h e meaning or applicability
of t h e t e r m s of a n y agency action. I t shall (A) compel agency action unlawfully
withheld or unreasonably d e l a y e d ; a n d ( B ) hold unlawful a n d s e t aside agency
action, findings, and conclusions found to be (1) a r b i t r a r y , capricious, a n abuse
of discretion, or otherwise n o t i n accordance w i t h l a w ; ( 2 ) contrary t o constitutional right, power, privilege, or i m m u n i t y ; (3) i n excess of s t a t u t o r y j u r i s diction, authority, or limitations, or short of s t a t u t o r y r i g h t ; (4) w i t h o u t observance of procedure required by l a w ; (5) unsupported by substantial evidence

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in any case subject to the requirements of sections 1006 and 1007 of th*
,le o.
otherwise reviewed on the record of an agency hearing provided by statute; or
(6) unwarranted by the facts to the extent that the facts are subject to trial de
novo by the reviewing court. In making the foregoing determinations the court
shall review the whole record or such portions thereof as may be cited by any
party, and due account shall be taken of the rule of prejudicial error. (June 11,
1946, ch. 324, sec. 10, 60 Stat. 243.)
ITEM No.

16

(Referred to in sec. 15 (d), Atomic Energy Act of 1946, as amended, p. 29, supra)
Title 2, U. S. Code, Sections 192-194
CONGRESSIONAL I N V E S T I G A T I O N S

Sec. 192. Refusal of witnesses to testify
Every person who, having been summoned as a witness by the authority of
either House of Congress, to give testimony or to produce papers upon any matter
under inquiry before either House, or any joint committee established by a joint
or concurrent resolution of the two Houses of Congress, or any committee of
either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be
deemed guilty of a misdemeanor, punishable by a fine of not more than one
thousand dollars nor less than one hundred dollars, and imprisonment in a
common jail for not less than one month nor more than twelve months. (R. S.
sec. 102; June 22, 1938, ch. 594, 52 Stat. 942.)
Sec. 193. Privilege of witnesses
No witness is privileged to refuse to testify to any fact, or to produce any
paper, respecting which he shall be examined by either House of Congress, or by
any committee of either House, upon the ground that his testimony to such fact
or his production of such paper may tend to disgrace him or otherwise render
him infamous. (R. S. 103, June 22,1938, ch. 595, 52 Stat. 942.)
Sec. 194. Witnesses failing to testify or produce records
Whenever a witness summoned as mentioned in section 192 of this title fails
to appear to testify or fails to produce any books, papers, records, or documents,
as required, or whenever any witness so summoned refuses to answer any question pertinent to the subject under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee or subcommittee of either House of Congress, and the
fact of such failure or failures is reported to either House while Congress is in
session, or when Congress is not in session, a statement of fact constituting such
failure is reported to and filed with the President of the Senate or the Speaker
of the House, it shall be the duty of the said President of the Senate or Speaker
of the House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under the seal of the Senate or House, as the case may
be, to the appropriate United States attorney, whose duty it shall be to bring
the matter before the grand jury for its action. (R. S. sec. 104; July 13, 1936,
ch. 884, 49 Stat. 2041; June 22,1938, ch. 594, 52 Stat. 942.)

APPENDIX F
ESPIONAGE ACT

(50 U. S. C. 31, 32)
(The following provisions of the Espionage Act in force in 1946 are reproduced
for purposes of comparison with the criminal provisions of the Atomic Energy
Act of 1946, as amended. These provisions of the Espionage Act have been
incorporated in the Internal Security Act of 1950, title 18, U. S. Code, sees.'
793-794.)
Sec. 31. Unlawfully obtaining or permitting to be obtained information affecting
national defense
(a) Whoever, for the purpose of obtaining information respecting the national
defense with intent or reason to believe that the information to be obtained

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s tc
ased to the injury of the United States, or to the advantage of any
foreign nation, goes upon, enters, flies over, or otherwise obtains information
concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, coaling station, fort, battery, torpedo station, dockyard, canal,
railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal
station, building, office, or other place connected with the national defense, owned
or constructed, or in progress of construction by the United States or under
the control of the United States, or of any of its officers or agents, or within the
•exclusive jurisdiction of the United States, or any place in which any vessel,
aircraft, arms, munitions, or other materials or instruments for use in time of
war are being made, prepared, repaired or stored, under any contract or agreement with the United States, or with any person on behalf of the United States,
•or otherwise on behalf of the United States, or any prohibited place within the
meaning
of section 36 of this title; or (b) whoever for the purpose aforesaid, and
wTith like intent or reason to believe, copies, takes, makes, or obtains, or attempts,
•or induces or aids another to copy, take, make, or obtain, any sketch, photograph,
photographic negative, blue-print, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or (c)
whoever, for the purpose aforesaid, receives or obtains or agrees or attempts
•or induces or aids another to receive or obtain from any person, or from any
source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having
reason to believe, at the time he receives or obtains, or attempts or induces or
aids another to receive or obtain it, that it has been or will be obtained, taken,
made or disposed of by any person contrary to the provisions of this title; or
(d) whoever, lawfully or unlawfully having possession of, access to, control
•over, or being intrusted with any document, writing, code book, signal book,
sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, willfully communicates or transmits or attempts to communicate or transmit the same to any person
not entitled to receive it, or willfully retains the same and fails to deliver it on
demand to the officer or employee of the United States entitled to receive it:
or (e) whoever, being intrusted with or having lawful possession or control of
any document, writing, code book, signal book, sketch, photograph, photographic
negative, blueprint, plan, map, model, note, or information, relating to the
national defense, through gross negligence permits the same to be removed from
its proper place of custody or delivered to anyone in violation of his trust, or to
be lost, stolen, abstracted, or destroyed, shall be punished by imprisonment for
not more than ten years and may, in the discretion of the court, be fined not more
than $10,000. (June 15, 1917, ch. 30, title I, sec. 1, 40 Stat. 217; Mar. 28, 1940,
•ch. 72, sec. 1, 54 Stat. 79.)
Sec. 32. Unlawfully disclosing information affecting national defense
(a) Whoever, with intent or reason to believe that it is to be used to the
injury of the United States or to the advantage of a foreign nation, communicates,
delivers, or transmits, or attempts to, or aids or induces another to, communicate,
deliver, or transmit, to any foreign government, or to any faction or party or
military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee,
subject, or citizen thereof, either directly or indirectly, any document, writing,
code book, signal book, sketch, photograph, photographic negative, blueprint,
plan, map, model, note, instrument, appliance, or information relating to the
national defense, shall be punished by imprisonment for not more than twenty
years: Provided, That whoever shall violate the provisions of this subsection in
time of war shall be punished by death or by imprisonment for not more than
thirty years; and (b) whoever, in time of war, with intent that the same shall
be communicated to the enemy, shall collect, record, publish, or communicate,
or attempt to elicit any information with respect to the movement, numbers,
description, condition, or disposition of any of the armed forces, ships, aircraft,
or war materials of the United States, or with respect to the plans or conduct,
or supposed plans or conduct of any naval or military operations, or with respect
to any works or measures undertaken for or connected with, or intended for the
fortification or defense of any place, or any other information relating to the
public defense, which might be useful to the enemy, shall be punished by death,
or by imprisonment for not more than thirty years. (June 15, 1917, ch. 30,
attlel, sec. 2, 40 Stat. 218.)

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APPENDIX G
'
APPROPRIATIONS FOR ATOMIC ENERGY
No references to atomic energy will be found in any appropriation! _
bills prior to the passage on July 16, 1946, of the Military Appropriation Act for fiscal year 1947. For security reasons, funds for theatomic bomb project were concealed in appropriations for other
purposes.
•
Appropriated funds disbursed for the atomic energy project beforethe Atomic Energy Commission began operation under the provisionsof the Atomic Energy Act of 1946 are shown in the following tabulation which appeared in the Eleventh Semiannual Report of the AtomicEnergy Commission to the Congress of the United States, January 30,.
1952. The figures given include not only funds disbursed directly by
the Manhattan Engineer District but also relatively small amounts,
that may have been disbursed by other units in the War Department,
or by other agencies by fund transfers by the War Department.
Appropriated funds disbursed, net of reimbursements :
1
National Defense Research Council
$468, 000'
Office of Scientific Research and Development
' 14, 624, 810&gt;
War Department
(Manhattan Engineer District) : 2
Fiscal year 1943
$77,098,355
Fiscal year 1944
730, 321, 470
Fiscal year 1945
858, 571, 646
Fiscal year 1946
366,355, 447.
Fiscal year 1947 (part)
186,337,067
•• 2, 218, 683, 985
1
2

Based on published reports.
The Manhattan Engineer District was established on Aug. 13, 1942.

The funds disbursed by the National Defense Research Council and
the Office of Scientific Research and Development came principally
from direct appropriations to those agencies and from allocations from
the President's emergency funds, part of which were authorized for
"objects of a confidential nature."
Disbursements by the W a r Department were made principally from
W a r Department—Military establishment appropriations under the
following headings:
"Expediting production of equipment and supplies for national
defense, 1940-46"
"Engineer service, Army, 1942-46"
"Atomic service, W a r Department, 1947-48"
The appropriations cited in the table below authorized funds for a
variety of purposes other than theatomic bomb program. No attempt
has been made to separate the portions of the funds which were
intended exclusively for the purposes of the atomic bomb program.

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Appropriations under the title "Expediting Production of Equipment and Supplies:
for National Defense, 1940-46," in War Department appropriations
Appropriation

Date approved

Citation

First Supplemental National Defense
Appropriation Act, 1941 (title II, Military Appropriation Act, 1941).
Second Supplemental National Defense
Appropriation Act, 1941 (title III, Military Appropriation Act, 1941).
Third Supplemental National Defense
Appropriation Act, 1941 (title IV, Military Appropriation Act, 1941).
1942:
Military Appropriation Act, 1942
Fifth Supplemental National Defense
Appropriation Act, 1941 (title VI, Military Appropriation Act, 1941.)

June- 26,1940

54 Stat. 602,
603.

Sept. 9,1940
Oct.

8,1940

See also Digest of Appropriations for the Support
54 Stat. 874... . of the Government of the
' United States, Treasury
Dept. Document No.
54 Stat. 970...
3108, pp. 671-672.

June 30,1941
Apr. 5,1941

55 Stat. 366..
55 Stat. 124..

Dec. 17,1941

55 Stat. 810-

Jan. 30,1942

56 Stat. 38...

Mar. 5,1942

56 Stat. 128..

July

1,1943

57 Stat. 347..

1945: Military Appropriation Act, 1945.

June 28,1944

58 Stat. 573-

1946: Military Appropriation Act, 1940..

July

3,1945

59 Stat. 384..

Feb. 18,1946

60 Stat. 13—

May 27,1946

60 Stat. 223-

1943:
Third Supplemental National Defense
Appropriation Act, 1942 (title III, Military Appropriation Act) 1942).
Fourth Supplemental National Defense
Appropriation Act, 1942 (title IV, Military Appropriation Act, 1942).
Fifth Supplemental National Defense
Appropriation Act, 1942 (title V, Military Appropriation Act, 1942).
1944: Military Appropriation Act, 1944

1947:
First Supplemental Surplus Appropriation Rescission Act, 1946.
Second Supplemental Surplus Appropriation Rescission Act, 1946.

Other references

See also Digest of Appropriations for the Support
of the Government of the
United States, Treasury
Dept. Document No.
3115, pp. 689, 590.
See also Digest of Appropriations for the Support
. of the Governraent of the
United States, Treasury
Dept. Document No.
3120, p. 706.
See also Digest of Appropriations for the Support
of the Government' of the
United States, Treasury
Dept. Document No.
3126, p. 536.
See also Digest of Appropriations for the Support
• of the Government of the
United States, Treasury
Dept. Document No.
3131, p. 642.
See also Digest of Appropriations for the Support
of the Government of
the United States, Treasury Department Document No. 3138, p. 655.
See also Digest of Appropriations for the Support
of the Government of
the United States, Treasury Department Document No. 3144; pp. 925926.

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Appropriations under the title "Engineer service, Army, 19/(2-46," and
:ral
provisions of War Department appropriations—Military Establishment,
Appropriation

Date approved

Citation

Other references

Apr. 28.1942

56 Stat. 228..

Military Appropriation Act, 1943 (including "General provisions," sees. 18
and 19 of this act, 56 Stat. 630-633).

July

2,1942

56 Stat. 611633.

See also Digest of Appropriations for the Support
of the Government of the
United States, Treasury
Department Document
No. 3120, pp. 736, 737.
See also Digest of Appropriations for the Support
of the Government of the
United States, Treasury
Department Document
No. 3120, pp. 703, 761.

Military Appropriation Act, 1944 (including "General provisions," sec. 19
of this act, 57 Stat. 366-370).

July

1,1943

57 Stat. 347370.

1943:
Sixth Supplemental National Defense
Appropriation Act, 1942-(title VI, Military Appropriation Act, 1942) (Engineer service, Army).

Military Appropriation Act, 1944 (Engineer service, Army)'

do...

1945:
Military Appropriation Act, 1945 (in- June 28,1944
cluding "General provisions," sec. 19
of this act, 58 Stat. 592-597).

Military Appropriation Act, 1945 (Engineer service, Army).

1946:
Military Appropriation Act, 1946 (in
eluding "General provisions," sec. 18
of this act, 59 Stat. 403^07).

Military Appropriation Act, 1946 (Engineer service, Army).

.do...

July

3,1945

do...

57 Stat. 358,
359.

58 Stat. 573597.

58 Stat. 584586.

59 Stat. 384407.

59 Stat. 395,
396.

-,40^%

See also Digest of Appropriations for the Support
of the Government of the
United States, Treasury
Department Document
No.. 3126, pp. 534, 573.
See also Digest of Appropriations for the Support
of the Government of the
United States, Treasury
Department Document
No. 3126, pp. 560-561.
See also Digest of Appropriations for the Support
of the Government of the
United States, Treasury
Department Document
No. 3131, pp. 640, 678.
See also Digest of Appropriations for the Support
of the Government of the
United States, Treasury
Department Document
No. 3131, pp. 665-666.
See also Digest of Appropriations for the Support
of the Government of the
United States, Treasury
Department Document
No. 3138, pp. 653, 695.
See also Digest of Appropriations for the Support
of the Government of the
United States, Treasury
Department Document
No. 3138, pp. 683-684.

Appropriations under the title "Atomic Service, War Department, 1941 and
1948," of War Department appropriations—Military
Establishment
Appropriation
1947:
Military Appropriation Act, 1947

First Supplemental Appropriation Act,
1947.

Date approved

.July 16,1946

Aug. 8,1946

Citation

Other references

60 Stat. 560.... See also Digest of Appropriations for the Support
of the Government of the
United States, Treasury
Department, Document
No. 3144, p. 971.
60 Stat. 916—. See also Digest of Appropriations for the Support
of the. Government of the
United States, Treasury
Department, Document
No. 3144, p. 972.

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53',
_J first appropriation for the purposes of carrying out the_pro-.
visions of the Atomic Energy Act of 1946 was contained in the First
Supplemental Appropriation Act, 1947. The provisions of that appropriation act relating to atomic energy are extracted below.
F I R S T SUPPLEMENTAL APPROPRIATION ACT,

1947

(60 Stat: 913)
[ P U B L I C L A W 603—79TH' CONGRESS]

'

'

[H. J. Res. 390]
JOINT RESOLUTION

Making additional appropriations for the fiscal year 1947, and for other purposes
Resolved by the Senate and House of Representatives
of the United States of
America in Congress assembled, T h a t t h e following sums a r e appropriated, out
of any money in the Treasury not otherwise appropriated, to provide additional
appropriations for t h e fiscal year ending J u n e 30, 1947, and for other purposes,
namely :

*

*

*

^

*

*

*

*

ATOMIC ENERGY

Such p a r t as t h e President may determine of the unexpended balances of
appropriations, allocations, or other funds available for expenditure in connection with the M a n h a t t a n Engineer District a r e hereby transferred to and shall
be available for allocation by t h e President to such agencies a s he may determinefor expenditure for t h e purpose of carrying out provisions of t h e Atomic Energy
Act of 1946: Provided, T h a t such appropriations shall be available for personal
services in t h e District of Columbia and elsewhere without regard to section
14 ( a ) of the Federal Employees P a y Act of 1946.
*
*
*
*
*
*
*
Approved August 8, 1946.
(See hearings before House Appropriations Committee (Independent Offices.^
Subcommittee) entitled " F i r s t Supplemental Appropriation Bill for 1947," p. 4 1 ;
see also H. Rept. No. 2694; S. Rept. No. 1908; and conference report (H. Rept.
No: 2725).)

The provisions of various appropriation acts relating to the Atomic
Energy Commission for the fiscal year ending June 30, 1947, through
the fiscal year ending June 30, 1953, are shown below. The "General
Provisions" of such appropriation acts are not reproduced here unless,
such provisions specifically refer to the Atomic Energy Commission..
(60 Stat. 18) •
[PUBLIC LAW 20—80TH

CONGRESS]

[H. R. 1968]
AN ACT
Making appropriations to supply urgent deficiencies in certain appropriations for t h e flscal year ending June 30, 1947, and for other purposes
Be it enacted by the Senate and, House of Representatives
of the United
States
of America in Congress assembled, T h a t t h e following sums a r e appropriated out
of a n y money in the Treasury not otherwise appropriated, t o supply urgent deficiencies in certain appropriations for t h e fiscal year ending J u n e 30, 1947, and
for other purposes, namely.:

*

-

«

»

'*

«

*

*
000120

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a'l'information

T I T L E I I — R E D U C T I O N S IN A P P R O P R I A T I O N S A N D AUTHORIZA r x

S

Amounts available to t h e d e p a r t m e n t s a n d agencies from appropriations and
other funds a r e hereby reduced in t h e sums hereinafter set forth, such sums t o
be carried to the surplus fund and covered into the T r e a s u r y immediately upon
the approval of this A c t :

•

-

*

»

*

*

*

*

INDEPENDENT O F F I C E S

Atomic Energv Commission: Atomic energv, Executive (allotment to Atomic
Energy Commission), 1942-1947, $40,000,000.
*
*
*
/
*
*
*
*
Approved March 22, 1947.
(See hearings before Senate Appropriations Committee (Independent Offices
Subcommittee) entitled "Urgent Deficiency Appropriation Bill for 1947," p. 8 8 ;
see also H. Rept. No. 3 6 ; S. Rept. No. 1908; and conference report ( H . Rept.-No.
2725).)'
(61 Stat. 589)
[ P U B L I C L A W 2 6 9 — 8 0 T H CONGRESS]

[H. R. 3839]
AN ACT
Making appropriations for t h e Executive Office a n d sundry independent executive bureaus,
boards, commissions, a n d offices, for the fiscal year ending J u n e 30, 1948, and for other
purposes

Be it, enacted by the Senate and House of Representatives
of the United States
of Amsriea in Congress assembled, T h a t the following sums a r e appropriated
outM»f'any money in t h e T r e a s u r y not otherwise appropriated, for t h e Executive
Office and sundry independent executive bureaus, boards, commissions, and offices,
for t h e fiscal year ending J u n e 30, 1948, namely :

.*

*

*

*

*

*

*

ATOMIC ENERGY COMMISSION
For expenses necessary to c a r r y out t h e purposes of the Atomic Energy Act
of 1946, including personal services in the District of Columbia and employment
of aliens ; purchase of land and interests in l a n d ; services as authorized by section
15 of the Act of August 2, 1946 (Public L a w 600) ; purchase of passenger motor
vehicles, including two a t not to exceed $2,500 e a c h ; purchase, maintenance, and
operation of a i r c r a f t ; printing and binding; health-service program as authorized by t h e Act of August 8, 1946 (Public Law 658) ; publication and dissemination, of atomic information; not to exceed $100,000 for penalty mail costs a s
required by t h e Act of J u n e 2S, 1944; payment of claims determined and settled
p u r s u a n t to p a r t 2 of t h e F e d e r a l Tort Claims Act of August 2, 1946 (Public L a w
601) ; and purchase, repair, and cleaning of u n i f o r m s ; $175,000,000, of which
amount there shall be available to the Commission for cancer research work such
sums (not exceeding $5,000,000) a s t h e Commission believes can be efficiently
used without duplicating t h e cancer research work "of other public and p r i v a t e
agencies; a n d of which amount $200,000 m a y be expended for objects of a confidential n a t u r e and in any such case t h e certificate of the Commission a s to t h e
amount of t h e expenditure and t h a t it is deemed inadvisable to specify t h e n a t u r e
thereof shall be deemed a sufficient voucher for t h e sum therein expressed to
have been expended; from which appropriation t r a n s f e r s of sums m a y be m a d e
to other agencies of the Government foi- t h e performance of tbe work for which
this appropriation is made, and in such cases t h e sums so transferred m a y be
merged with t b e appropriation to which t r a n s f e r r e d ; and in addition to the
amount herein provided, the Commission is authorized to contract for t h e purposes of this appropriation d u r i n g the fiscal year in an amount not exceeding
$250,000,000: Provided, T h a t no p a r t of this appropriation shall be used after
November 30, 1947, to pay t h e salary of a n y officer or employee (except such

000121

�.,

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55
jffict.
and employees whose compensation is fixed
technical personnel) whose position would be subject
1923, as amended, if such Act were applicable to such
of the r a t e payable under such Act for positions
responsibility.
«
*
*
*
*
Approved July 30, 1947.

by law, and scientific a n d
to the Classification Act of
position, a t a r a t e in excess
of equivalent difficulty or
•

*

(See hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled "Independent Offices Appropriation Bill for 1948," pt. 1,
p. 1470 and hearings before Senate Appropriations Committee (Independent
Offices Subcommittee) entitled "Independent Offices Appropriation Bill for 1948,"
p. 46; see also H. Rept. No. 589: S. Rept. No. 475; and conference report ( H .
R e p t No. 1049).)
(62 Stat. 215)
[ P U B L I C - L A W 519—80TH CONGRESS]

[H. R. 6055]
AN ACT
Making appropriations to supply deficiencies in certain appropriations for the fiscal year
ending Tune 30, 1048, and for other purposes
Be it enacted by the Senate and House of Representatives
of the United
States
of America in Congress assembled, T h a t the following sums a r e appropriated,
out of any money in the T r e a s u r y not otherwise appropriated, to supply supplemental appropriations for the fiscal year ending J u n e 30, 1948, and for other
purposes, namely :

*

*

*

*

•

•

•

INDEPENDENT OFFICES
ATOMIC ENERGY.COMMISSION

Salaries a n d expenses: T h e authorization under this head in the Independent
Offices Appropriation Act, 1948, to enter into contracts for the purposes of the
appropriation therein made, is hereby increased from "$250,000,000" to "$400,000,000".
*
*
*
*
*
*
*
Approved May 10, 1948.
(See hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled " F i r s t Deficiency Appropriation Bill for 1948," p. 8 6 1 ;
*ee alsoM. Rept: No. 1.618: S. Rept. No. 1164; and conference-reports (H. Repts.
Nos. 1830 and 1S77).)
(62 Stat. 1197)
[PUBLIC L A W 862—SOTH CONGRESS]

TH. R. 6S29]
AN ACT
Making^supplemental appropriations for t h e . Executive Office and sundry independent
executive bureaus, boards, commissions, and offices, for the fiscal year ending J u n e 30.
1949, and for other purposes.

Be it enacted by the Senate and House of Representatives
of
of Am.erica in Congress assembled, T h a t the following sums
out of any money in the T r e a s u r y not otherwise appropriated,
Office and sundry independent executive bureaus, boards,
offices, for tbe fiscal y e a r ending J u n e 30,1949, namely :
*

*

*

*

*

the United States
are appropriated,
for t h e Executive
commissions; a n d
*

4

000122

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a ^information

•

*

56
ATOMIC ENERGY COMMISSION
For expenses necessary to carry out the purposes of the Atomic Energy A c t
of 1946, including personal services in t h e District of Columbia and employment
of aliens; purchase of land and interests in l a n d ; services as authorized by
section 15 of the Act of August 2, 1946 (5 U. S. C. 55a) ; purchase of passenger
motor vehicles for replacement only; purchase, maintenance, and operation of
a i r c r a f t ; printing and binding; health-service program as authorized by law
(5 U. S. C. 150) ; publication and dissemination of atomic information; payment
of claims p u r s u a n t to section 403 of the Federal Tort Claims Act (28 U. S. C. 921) ;
purchase, repair, and cleaning of u n i f o r m s ; purchase of newspapers and periodicals (not to exceed $8,000) and travel expenses (not to exceed $1,500,000) ; and
p a y m e n t of obligations incurred under prior year contract a u t h o r i z a t i o n s ; $511,850,000, of which amount $100,000 may be expended for objects of a confidential
n a t u r e and in any such case the certificate of the Commission as to the amount
of the expenditure and t h a t it is deemed inadvisable to specify the n a t u r e
thereof shall be deemed a sufficient voucher for the sum. therein expressed to
h a v e been expended ; from which appropriation transfers of sums may be made
to other agencies of the Government for the performance of the work for which
this appropriation is made, and in such cases t h e sums so transferred may be
merged with the appropriation to which t r a n s f e r r e d ; and in addition to the
amount herein provided, t h e Commission is authorized to contract for t h e purposes of this appropriation during the fiscal year in an amount not exceeding.
$400,000,000: Provided, T h a t no p a r t of this appropriation shall be used to pay
the salary of any officer or employee (except such officers and employees whosecompensation is fixed by law, and scientific and technical personnel) whose
position would be subject to the Classification Act of 1923, as amended, if such
Act were applicable to such position, a t a r a t e in excess of the r a t e payable undersuch Act for positions of equivalent difficulty or responsibility.
*

*

*

*

*

*

*

Approved J u n e 30, 1948.
(See hearings before House Appropriations Committee (Independent Offices:
Subcommittee) entitled "Supplemental Independent Offices Appropriation Bill
for 1949," p. 747, and hearings before Senate Appropriations Committee (Independent Offices Subcommittee) entitled "Supplemental Independent Offices Appropriation Bill for 1949," p. 80; see also H. Rept. No. 2245; S. Rept. No. 175S; and;
conference report (H. Rept. No. 2435).)

(63 Stat. 233)
[PUBLIC LAW

119—^81ST

CONGRESS]

[H. R. 4046]
AN ACT
Making appropriations to supply deficiencies in certain appropriations for the fiscal year
ending June 30, 1949, and for other purposes
Be it enacted by the Senate and House of Representatives
of the United
States
of America in Congress assembled, T h a t the following sums a r e appropriated*
out of any money in the T r e a s u r y not otherwise appropriated, to supply supplemental appropriations for the fiscal year ending J u n e 30, 1949, and for other
purposes, n a m e l y :

*

*

*

*

*

*

»

INDEPENDENT OFFICES
'

. ATOMIC ENERGY COMMISSION

For an additional a m o u n t for "Atomic Energy Commission," $110,000,000.
*
*
*
Approved J u n e 23, 1949:

*

*

*

*

000123

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57
(1
jearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled "Second Deficiency Appropriation Bill for 1949," p. 435;
see also H. Rept. No. 4 0 1 ; S. Rept. No. 432; and conference report ( H . Rept.
No. 791).)
(63 Stat. 634)
[ P U B L I C L A W 2 6 6 — 8 1 S T CONGRESS]

[H. R. 4177]
AN ACT
Making appropriations for the Executive Office and sundry independent executive bureaus,
boards, commissions, corporations, agencies, and offices, for tbe fiscal year ending June
36, 1950, and for other purposes
Be it enacted by the Senate and House of Representative
of the United
States
of America in Congress assembled, T h a t t h e following sums a r e appropriated,
out of any money in the T r e a s u r y not otherwise appropriated, for the Executive
Office and sundry independent executive bureaus, boards, commissions, corporations, agencies, and offices, for the fiscal year ending J u n e 30, 1950, n a m e l y :

*

*

*

*

*

*

*

ATOMIC ENERGY COMMISSION'
For expenses necessary to c a r r y out t h e purposes of t h e Atomic Energy Act of
1946, including personal services in the District of Columbia a n d employment of
a l i e n s ; purchase of land and interests in l a n d ; services as authorized by section
15 of the Act of August 2, 1946 (5 U. S. C. 55a) ; p u r c h a s e of passenger motor
vehicles for replacement only; purchase, maintenance, a n d operation of a i r c r a f t ;
p r i n t i n g and binding; health-service program as authorized by law (5 U. S. C.
150) ; publication and dissemination of atomic i n f o r m a t i o n ; payment of claims
p u r s u a n t to section 403 of t h e F e d e r a l T o r t Claims Act (28 U. S. C. 2672) ; purchase, repair, and cleaning of u n i f o r m s ; p u r c h a s e of newspapers and periodicals
(not to exceed $8,000) and travel expenses; official e n t e r t a i n m e n t expenses (not
to exceed $5,000) ; and payment of obligations incurred under prior year contract
a u t h o r i z a t i o n s ; $702,930,769, together with the unexpended balances, as o f . J u n e
30,1949, of prior year appropriations to t h e Atomic Energy Commission, of which
amounts $100,000 may be expended for objects of a confidential n a t u r e a n d
in any such case the certificate of t h e Commission as to the amount of the expendit u r e and t h a t it is deemed inadvisable to.specify t h e n a t u r e thereof shall be
deemed a sufficient voucher for t h e sum therein expressed to h a v e been expended ;
from which appropriation t r a n s f e r s of sums m a y be made to other agencies of t h e
Government for the performance of t h e work for which t h i s appropriation is made,
a n d in such cases the sums so t r a n s f e r r e d may be merged with t h e appropriation
to which t r a n s f e r r e d ; and in addition to t h e a m o u n t herein provided, the Commission is authorized to contract for t h e purposes of this appropriation d u r i n g
t h e c u r r e n t fiscal year in an amount not exceeding $387,189,628: Provided, T h a t
no p a r t of t h i s appropriation shall be used to pay the s a l a r y of any officer or
employee (except such officers and employees whose compensation is fixed by law,
and scientific and technical personnel) whose position would be subject to t h e
Classification Act of 1923, a s amended, if such Act were applicable to such position,
a t a r a t e in excess of the r a t e payable under such Act for positions of equivalent
difficulty or responsibility: Provided further, T h a t not to exceed $2,700,000 of t h e
a m o u n t herein appropriated m a y be t r a n s f e r r e d to the D e p a r t m e n t of the Navy
for the acquisition, construction, and installation, a t a location to be determined,
of facilities (including necessary land and rights p e r t a i n i n g thereto) to replace
existing Navy facilities a t Arco, Idaho, which l a t t e r facilities a r e hereby a u t h o r ized to be transferred by the Secretary of t h e Navy to t h e Commission for i t s
p u r p o s e s : Provided further,
T h a t no p a r t of t h i s appropriation or c o n t r a c t
authorization shall be used—
(A) to s t a r t any new construction project for which an estimate w a s not
included in t h e budget for the c u r r e n t fiscal y e a r ;
(B) to s t a r t any new construction project t h e currently estimated cost of
which exceeds t h e estimated cost included therefor in such b u d g e t ; or •
(C) to continue any community facility construction project whenever
the currently estimated cost thereof exceeds t h e estimated cost included
therefor in such b u d g e t ;

000124

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58
unless the Director of the Bureau of the Budget specifically approves
tar
of such construction project or its continuation and a detailed explanation ^.rereoi ,
is submitted forthwith by the Director to the Appropriations Committees of the
Senate and the House of Representatives and the Joint Committee on Atomic
Energy; the limitations contained in this proviso shall not apply to any construction project the total estimated cost of which does not exceed $500,000; and,
asaused herein, the term "construction project" includes the purchase, alteration,
or improvement of buildings, and the term "budget" includes the detailed justification supporting the budget estimates: Provided further, That whenever the
current estimate to complete any construction project (except community facilities) exceeds by 15 per centum the estimated cost included therefor in such
budget or the estimated cost of a construction project covered by clause (A) of
the foregoing proviso which has been approved by the Director, the Commission
shall forthwith submit a detailed explanation thereof to the Director of the
Bureau of the Budget and the Committees on Appropriations of the Senate and
of the House of Representatives and the Joint Committee on Atomic Energy.

*

*

*

*

*

INDEPENDENT O F F I C E S — G E N E R A L

*

*

*

*

*

*

PROVISIONS

*

,

•

•

SEC. 102-A. NO part of any appropriation contained in this title for the Atomic
Energy Commission shall be used to confer a fellowship on any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force or violence or with respect
to whom the Commission finds, upon investigation and report by the Federal
Bureau of Investigation on tbe character, associations, and loyalty of whom,
that reasonable grounds exist, for belief that such person is disloyal to the Government of the United States: Provided, That any person who advocates or who
is a member of an organization or party that advocates the overthrow of the
Government of the United States by force or violence and accepts employment or
a fellowship the salary, wages, stipend, grant, or expenses for which are paid
from any appropriation contained in this title shall be guilty of a felony and upon
conviction, shall be fined not more than $1,000 or imprisoned for not more than
- one year, or both: Provided further, That the above penal clause shall be in
addition to, and not in substitution for, any other provisions of existing law.
*

*

*

*

m

m

m

Approved August 24, 1949.
(See hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled "Independent Offices Appropriations Bill for 1950," pt. 1,
p. 1068 (also additional hearings, May 16, 1949, p. 1), and bearings before Senate
-Appropriations Committee (Independent Offices Subcommittee) entitled "Independent Offices Appropriations Bill for 1950," pp. 343, 565 (and index to hearings,
p. 1427) ; see also H. Rept. No. 425; S. Rept. No. 639; and conference report
(H. Rept. No. 1262).)
(63 Stat. 947)
[PUBLIC LAW 422—81ST CONGRESS]

[S. 2668]
AN ACT
To amend the Independent Offices Appropriation Act for the fiscal year 1950
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That the sentence in title I, Public Law 266,
Eighty-first Congress, pertaining to appropriations for the use of the Atomic
Energy Commission is hereby amended by striking out the period at the end
thereof, inserting a colon, and adding the following new clause: "Provided
further, That the two foregoing provisos shall have no application with respect
to technical and production facilities (1) if the Commission certifies to the
Director of the Bureau of the Budget that immediate construction or immediate
continuation of construction is necessary to the national defense and security,
and (2) if the Director agrees that such certification is justified."
Approved October 28, 1949.
t

000125

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59
• '*
islative history i n d e x : Mr. MeMahon ; J o i n t Committee on Atomic Energy,
1411^; reported with a m e n d m e n t (S. Rept. 1201), 14827; amended a n d passed
Senate. 14883 ; passed House, 15079; examined and signed, 15044,15101; presented
to t h e President, 15045 ; approved (Public L a w 422), 15045.)

(64 Stat. 37)
[ P U B L I C L A W 4 6 8 — 8 1 S T CONGRESS]

[H. R. 7207]
AN ACT
Making appropriations to supply urgent deficiencies in -certain appropriations for the fiscal
year ending June 30, 1950, and for other purposes
Be it enacted by thcSenate
and House of Representatives
of the United
States
of America in Congress assembled, T h a t t h e following sums a r e appropriated,
out of a n y money in t h e T r e a s u r y not otherwise appropriated, to supply supplemental appropriations for t h e fiscal year ending J u n e 30, 1950,/arid "for o t h e r
purposes, n a m e l y :

*

*

*

*

*

*

*

INDEPENDENT OFFICES
ATOMIC ENERGY C O M M I S S I O N

The authorization under this head in the Independent Offices Appropriation
Act, 1950, to enter into contracts for t h e purposes of the appropriation therein
made, is increased from "$387,189,628" to "$466,074,628".
Approved March 27, 1950.
(See hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled "Urgent Deficiencies Appropriations Bill for 1950," p. 37,
and hearings before Senate Appropriations Committee (Independent Offices Subcommittee) entitled " U r g e n t Deficiencies Appropriations Bill for 1950"; see also
H. Rept. No. 1614; S. Rept. No. 1287 ; and conference report (H. Rept. No. 1794).)

(64 Stat. 699, 720)
[ P U B L I C LAW7 759—81ST CONGRESS]

[H. R. 7786]
AN ACT
Making appropriations for the support of the Government for the fiscal year ending June
30, 1951, and for other purposes
Be it enacted by the Senate and House of Representatives
of the United
States
of America in Congress assembled, T h a t t h e following sums a r e appropriated,,
out of any money in t h e T r e a s u r y not otherwise appropriated, for t h e support
of t h e Government, for t h e fiscal year ending J u n e 30, 1951, namely :

*

*

*

*

*

*

*

ATOMIC ENERGY COMMISSION
For expenses necessary to carry out t h e purposes of the Atomic Energy Act
of 1946, including personal services in the District of Columbia and employment
of a l i e n s ; purchase of land and interests in l a n d ; services authorized by section
15 of the Act of August 2, 1946 (5 U. S. C. 55a) ; purchase of not to exceed one
hundred and fifty passenger motor vehicles for replacement only; purchase, maintenance, and operation of a i r c r a f t ; printing and binding; health service program
as, authorized by law (5 U. S. C. 150) ; publication and dissemination of atomic
information; payment of t o r t claims p u r s u a n t to l a w ; purchase, repair, a n d

000126

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a-l'information
*
*
t

60
•cleaning of uniforms; purchase of newspapers and periodicals (not tc
;ed
-•$8,000)' and travel expenses; official entertainment expenses (not to exceed
$5,000); reimbursement of the General Services Administration for security
guard services; and payment of obligations incurred under prior year contract
authorizations; $647,820,000, together with the unexpended balances, a s . of
June 30, 1950, of prior year appropriations to the Atomic Energy Commission,
•of which amounts $100,000 may be expended for objects of a confidential nature
and in any such case the certificate of the Commission as to the amount of the
•expenditure and that it is deemed inadvisable to specify the nature thereof shall
"be deemed a sufficient voucher for the sum therein expressed to have been expended ; from which appropriation transfers of sums may be made to other
agencies of the Government for the performance of the work for which this
appropriation is made, and in such cases the sums so transferred may be merged
with the appropriation to which transferred; and in addition to the amount
herein provided, the Commission is authorized to contract for the purposes of
this appropriation during the current fiscal year in an amount not exceeding
$300,150,000: Provided, That no part of this appropriation shall be used to pay
the salary of any officer or employee (except, such officers and employees whose
compensation is fixed by law, and scientific and technical personnel) whose
position would be subject to the Classification Act of 1923, as amended, if
such Act were applicable to such position, at a rate in excess of the rate payable
under such Act for positions of equivalent difficulty or responsibility: Provided
further, That no part of this appropriation or contract authorization shall be
•used—
(A) to start any new construction project for which an estimate was not
included in the budget for the current fiscal year;
(B) to start any new construction project the currently estimated cost of
which exceeds the estimated cost included therefor in such budget; or
(C) to continue any community facility construction project whenever
the currently estimated cost thereof exceeds the estimated cost included
therefor in such budget;
unless the Director of the Bureau of the Budget specifically approves the start
•of such construction project or its continuation and a detailed explanation
thereof is submitted forthwith by the Director to the Appropriations Committees of the Senate and the House of Representatives and the Joint Committee on
Atomic Energy; the limitations contained in this proviso shall not apply to any
•construction project the total estimated cost of which does not exceed $500,000;
and, as used herein, tbe term "construction project" includes the purchase, alteration, or improvement of buildings, and the term "budget" includes the detailed
justification supporting the budget estimates: Provided further, That whenever
the current estimate to complete any construction project (except community
facilities) exceeds by 15 per centum the estimated cost included therefor in such
budget or the estimated cost of a construction project covered by clause (A) of
the foregoing proviso which has been approved by the Director, the Commission
shall forthwith submit a detailed explanation thereof to the Director of the
Bureau of the Budget and the Committees on Appropriations of the Senate and
of the House of Representatives and the Joint Committee on Atomic Energy:
Provided further, That the two foregoing provisos shall have no application with
respect to technical and production facilities (1) if the Commission certifies to
the Director of the Bureau of the Budget that immediate construction or immediate continuation of construction is necessary to the national defense and security, and (2) if the Director agrees that such certification is justified : Provided
further, That no part of the foregoing appropriation or contract authorization
shall be used in connection with the payment of a fixed fee to any contractor or
firm of contractors engaged under a cost-plus-a-fixed-fee contract or contracts
a t any installation of the Commission, where that fee for community management
is at a rate in excess of $90,000 per annum, or for the operation of a transportation system where that fee is at a rate in excess of $45,000 per annum.

*

*

*

*

*

*

*

*

*

INDEPENDENT OFFICES—GENERAL PROVISIONS

*

*

*

*

*

SEC 102. No part of any appropriation contained in this title for the Atomic
Energy Commission shall be used to confer a fellowship on any person who
advocates or who is a member of an organization or party that advocates the
overthrow of the Government of the United States by force or violence or with

000127

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61
resp*..„ to whom t h e Commission finds, upon investigation and report by the
Federal B u r e a u of Investigation on the character, associations, and loyalty of
whom, t h a t reasonable grounds exist for belief t h a t such person is disloyal to
the Government of the United S t a t e s : Provided further, T h a t any person w h o
advocates or who is a member of an organization or p a r t y t h a t advocates t h e
overthrow of the Government of t h e United States by force or violence and
accepts employment or a fellowship t h e salary, wages, stipend, g r a n t , or expenses
for which a r e paid from any appropriation contained in this title shall be guilty
of a felony and, upon conviction, shall be fined not more t h a n $1,000 or imprisoned
for not more t h a n one year, or b o t h : Provided further, T h a t the above penal
clause shall be in addition to, and not in substitution for, any other provisions
of existing law.
*
*
*
*
*
*
*
Approved September 6, 1950.
(See hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled "Independent Offices Appropriations for 1951," pt. 6,
p. 1991,' and hearings before Senate Appropriations Committee (Independent
Offices Subcommittee) entitled "Independent Offices Appropriations for 1951,"
pp. 337, 357; see also H . Rept. No. 1797 ; S. Rept. No. 1941; and conference report
(H. Rept. No. 2991).)
(64 Stat. 1054)
[ P U B L I C L A W 8 4 3 — 8 1 S T CONGRESS]

[ H . R. 9526]
AN ACT
Making supplemental appropriations for the fiscal year ending June 30, 1951, and for
other purposes
Be it. enacted by the Senate a.nd House of Representatives
of the United
States
of America in Congress assembled, T h a t t h e following sums a r e appropriated,
out of any money in t h e T r e a s u r y not otherwise appropriated, to supply supplemental appropriations for the fiscal year ending J u n e 30, 1951, and for o t h e r
purposes, n a m e l y :

*

*

•

*

*

*

*

*

ATOMIC ENERGY- COMMISSION

For an additional a m o u n t for "Atomic Energy Commission", $260,000,000,
*
*.
*.
*
*
*
*
Approved September 27, 1950.
(See hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled " T h e .Supplemental Appropriation Bill for 195P' (Independent "Offices section), p. 273; see also H. Rept. No. 2987; S. Rept. No. 2567;
and conference report (H. Rept. No. 3096).)

(64 Stat. 1228)
[ P U B L I C L A W 9 1 1 — 8 1 S T CONGRESS]

[ H . R. 9920]
AN ACT
Making supplemental appropriations for the fiscal year ending June 30, 1951, and for
other purposes.
Be it enacted by the-Senate and House of Representatives
of the United
States
of America in Congress assembled, T h a t t h e following sums a r e appropriated, out
of a n y money in t h e T r e a s u r y not otherwise appropriated, to supply supplemental

000128

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62
appropriations for t h e fiscal year ending J u n e 30, 1951, and for other p.
namely;
*
*
*
* *
. *

Ms,
*

INDEPENDENT OFFICES
ATOMIC ENERGY COMMISSION

For aji additional amount, $1,065,000,000, and appropriations made under this
head for'the'fiscal year 1951 shall be available for the purchase of not to exceed
five hundred passenger motor vehicles, including replacements.
*
*
*
.
*
*
*
*
Approved J a n u a r y 6, 1951.
(See hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled "Second Supplemental Appropriation Bill for 1951"
(Independent Offices section), p. 179; see also H. Rept. No. 3193; S. Rept. No.
2684; and conference report ( H . Rept. No. 3240).)

(65 Stat. 48)
[ P U B L I C L A W 43—82d CONGRESS]

[H. R. 3842]
AN ACT
Making supplemental appropriations for the fiscal year ending June 30, 19'51t- and for
other purposes
Be it enacted by the Senate and House of Representatives
of the United
States
of America in Congress assembled, T h a t the following sums a r e appropriated,
out of a n y money in the T r e a s u r y not otherwise appropriated, to supply supplemental appropriations for the fiscal year ending J u n e 30, 1951, and for other
purposes, n a m e l y :
CHAPTER I
INDEPENDENT OFFICES
ATOMIC ENERGY C O M M I S S I O N

F o r a n additional amount for "Atomic Energy Commission", $59,323,000.
*
*
*
*
*
*
*
Approved May 31, 1951.
(See"hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled " F o u r t h Supplemental Appropriation Bill for 1951,"
p . 819, and hearings before Senate Appropriations Committee (Independent
Offices Subcommittee) entitled " F o u r t h Supplemental Appropriation Bill for
1951," p. 1 ; see also H. Rept. No. 377, and S. Rept. No. 329.)

(65 Stat. 269)
.

[ P U B L I C L A W 137—82D CONGRESS]

[H. R. 3880]
AN ACT
Making appropriations for the Executive Office and sundry independent executive bureaus,
boards, commissions, corporations, agencies, and offices, for the fiscal year ending June
30, 1952, and for other purposes
Be it enacted by the Senate and House'of Representatives
of the United States
•of America in Congress assembled, T h a t t h e following sums a r e appropriated,

000129

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information
.

'0'

"»

^

63
/Ut'ik ..? money in the Treasury not otherwise appropriated, for the Executive
'Office and sundry independent executive bureaus, boards, commissions, corporations, agencies, and offices, for the fiscal year ending June 30, 1952, namely :

*

*

*

*

*

*

*

ATOMIC ENERGY COMMISSION
SALARIES AND EXPENSES

For expenses necessary to carry out the purposes of the Atomic Energy Act
of 1946, including employment of aliens ; purchase of land and interests in land ;
services authorized by section 15 of tbe Act of August 2, 1946 (5 U. S. C. 55a) ;
purchase of rnot to exceed three hundred and seventy-five passenger motor vehicles,
of which tw o hundred and fifteen shall be for replacement only ; purchase, maintenance, and operation of aircraft; publication and dissemination of atomic information ; purchase, repair, and cleaning of uniforms; purchase of newspapers
and periodicals (not to exceed $S,000) ; official entertainment expenses (not to
exceed $5,000) ; reimbursement of the General Services Administration for security guard services: and payment of obligations incurred under prior year contract authorizations; $1,139,932,750, of which not more than $25,135,000 shall be
available for personal services, together with the unexpended balances, as of
June 30, 1951, of prior year appropriations to the Atomic Energy Commission,
of which amounts $100,000 may be expended for objects of a confidential nature
and in any such case the certificate of the Commission as to the amount of the
expenditure and that it is deemed inadvisable to specify the nature thereof shall
be' deemed a sufficient voucher for the sum therein expressed to have been expended ; from which appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the
appropriation to which transferred: Provided, That no part of this appropriation
shall be used to pay the salary of any officer or employee (except such officers
and employees whose compensation is fixed by law, and scientific and technical
personnel) whose position would be subject to the Classification Act of 1949, if
such Act were applicable to such position, at a rate in excess of the rate payable
under such Act for positions of equivalent difficulty or responsibility: Provided
further, That no part of this appropriation shall be used—
(A) to start any new construction project for which an estimate was not
included in the budget for the current fiscal year;
(B) to start any new construction project the currently estimated cost of
which exceeds the estimated cost included therefor in such budget; or
(C) to continue any community facility construction project whenever
the currently estimated cost thereof exceeds the estimated cost included
therefor in such budget;
unless the Director of the Bureau of the Budget specifically approves the start
of such construction project or its continuation and a detailed explanation
thereof is submitted forthwith by the Director of the Appropriations Committees
of the Senate and the House of Representatives and the Joint Committee on
Atomic Energy; the limitations contained in.this proviso shall not apply to any
construction project the total estimated cost of which does not exceed $500,000;
and, as used herein, the term "construction project" includes tbe purchase,
alteration, or improvement of buildings, and the term "budget" includes the
detailed justification supporting the budget estimates: Provided further, That
whenever the current estimate to complete any construction project (except
community facilities) exceeds by 15 per centum the estimated cost included
therefor in such budget or the estimated cost of a construction project covered
by clause (A) of the foregoing proviso which has been approved by the Director,
the Commission shall forthwith submit a detailed explanation thereof to the
Director of the Bureau of the Budget and the Committees on Appropriations of
the Senate and of the House of Representatives and the Joint Committee on
Atomic Energy : Provided further, That the two foregoing provisos shall have no
application with respect to technical and production facilities (1) if the Commission certifies to the Director of the Bureau of the Budget that immediate
construction or immediate continuation of construction is necessary to the
national defense and security, and (2) if the Director agrees that such certification is justified: Provided further, That no part of the foregoing appropriation shall be used in connection with the payment of a fixed fee to any contractor
or firm of contractors engaged under a cost-plus-a-fixed-fee contract or contracts

000130

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—•

&lt;•*

64

-

™

^

"

a t any installation of the Commission, w h e r e t h a t fee for community
iSgt#
'
ment is a t a r a t e in excess of $90,000 per annum, or for t h e operation of a t r a n s - '
portation system w h e r e t h a t fee is a t a r a t e in excess of $45,000 per annum :
Provided further, T h a t no p a r t of t h e foregoing appropriation shall be used for
any new construction project until after t h e Commission shall have notified all
architects and engineers involved t h a t t h e plans for such project should be purely
u t i l i t a r i a n and without unnecessary refinements.

*

*

*

*

*

*

*

INDEPENDENT OFFICES—GENERAL PROVISIONS

SEC. 102. No p a r t of any appropriation contained in this title for t h e Atomic
Energy Commission shall be used to confer a fellowship on any person who advocates or who is a member of a n organization or p a r t y t h a t advocates t h e
overthrow of the Government of the United States by force or violence or with
respect to whom the Commission finds, upon investigation and report by t h e
F e d e r a l B u r e a u of Investigation on the character, associations, and loyalty of
whom, t h a t reasonable grounds exist for belief t h a t such person is disloyal to t h e
Government of the United S t a t e s : Provided further. T h a t any person who advocates or who is a member of an organization or p a r t y t h a t advocates the
overthrow of the Government of the United States by force or violence and
accepts employment or a fellowship the. salary, wages, stipend, grant, or expenses for which a r e paid from any appropriation contained in this title shall
be guilty of a felony and, upon conviction, shall be fined not more t h a n $1,000 or
imprisoned for not more t h a n one year, or b o t h : Provided further, T h a t the
above penal clause shall be in addition to, and not in substitution for, any other
provisions of existing law.

*

*

*

*

*

*

*

SEC. 110. No p a r t of any appropriation made in this title or title I I of this
Act, except appropriations for the Atomic Energy Commission a n d the Tennessee Valley Authority, shall be available for the purchase of any passenger motor
vehicle for replacement purposes unless each such passenger motor vehicle purchased replaces two passenger motor vehicles.
Approved August 31, 1951.
(See hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled "Independent Offices Appropriations for 1952," pt. 1,
p. 792; and H e a r i n g s before Senate Appropriations Committee (Independent
Offices Subcommittee) entitled "Independent Offices Appropriations for 1952,"
p. 5 1 ; see also H. Rept. No. 384; S. Rept. 418; and conference report ( H . Rept.
No. 753).')

(65 Stat. 743)
[ P U B L I C L A W 253—82D CONGRESS]

[H. R. 5215]
AN ACT
Making supplemental appropriations for the fiscal year ending June 30, 1952, and for
other purposes
Be it enacted by the Senate and House of Representatives
of the United States
of America in Congress assembled, T h a t t h e following sums are a p p r o p r i a t e d ,
out of any money in t h e T r e a s u r y not otherwise appropriated, to supply supplemental appropriations for the fiscal year ending J u n e 30, 1952, and for other
purposes, n a m e l y :

*

*

*
ATOMIC ENERGY

*

*

*

*

COMMISSION

. F o r a n additional a m o u n t for "Atomic Energy Commission", $265,965,000:
Provided, T h a t t h e limitation contained in t h e Independent Offices Appropriation
Act, 1952, on t h e a m o u n t available to t h e Commission for personal services i s

000131

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information
S

3&gt;

*

65
er©i
aended to read, "of which not to exceed $30,400,000 shall be available
--for personal services" : Provided further, T h a t section 605 of t h e Independent
Offices Appropriation Act, 1952, shall not be applicable to t h e Commission.
•
*
*
*
*
•
•
Approved November 1, 1951-.
(See hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled " T h e Supplemental Appropriation Bill for 1952," pt. 1,
p. 41, a n d Hearings before Senate Appropriations Committee (Independent Offices
Subcommittee) entitled " T h e Supplemental Appropriation Bill for 1952," p. 1319;
see also H . Rept. No. 890; S. Rept. No. 8 9 1 ; and conference report (H. Rept. No.
1222).)
(65 Stat. 761)
[ P U B L I C L A W 254—82D CONGRESS]

.

,

[ H . R. 5650]
AN ACT

.

Making supplemental appropriations for the fiscal year ending June 30, 1952, and for
other purposes
Be it enacted by the Senate and House of Representatives
of the United States
of-America
in Congress assembled, T h a t t h e following sums a r e appropriated,
out of a n y money in t h e T r e a s u r y not otherwise appropriated, to supply supplemental appropriations for t h e fiscal year ending J u n e 30, 1952, and for other
purposes, n a m e l y :
*

* -

*

*

INDEPENDENT

*

*

*

OFFICES

ATOMIC ENERGY C O M M I S S I O N
SALARIES AND EXPENSES

For a n additional a m o u n t for "Salaries a n d expenses, Atomic Energy Commission", $200,000,000.
*
.
*
•
*
*
-*
*
*
Approved November 1, 1951.
(See hearings before House Appropriations Committee (Independent Offices
Subcommittee) entitled "Second Supplemental Appropriation Bill for 1952," p . 1 ;
see also H . Rept. No. 1110; S. Rept. No. 1036; and conference report (H. Rept.
No. 1226).)
/
(66 Stat. 101)
[ P U B L I C L A W 375—82D CONGRESS]

[H. R. 6947]
AN ACT
Making supplemental appropriations for the fiscal year ending June 30, 1952, and for
Other purposes.

*

*

*

*

*

*

.*

GENERAL PROVISIONS

Appropriations or other funds made available by t h i s or a n y other Act for
personal services during the fiscal year 1952 shall be available for pay increases,
comparable to those provided by Public L a w 201, approved October 24, 1951,
granted by administrative action p u r s u a n t to l a w : Provided, T h a t such pay increases may be made retroactively effective on t h e s a m e basis as if they h a d been
authorized by said l a w : Provided further, T h a t t h i s section shall n o t affect t h e

000132

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a Nnformation

"- "-^ ^ * *
66

•

availability of funds for compensation of personnel, employed, by cont
^&gt;ui
suant to section 15 of the Act of August 2, 1946 (5 U. S. C. 55a), or other similar authority, or of employees whose rates of pay are fixed in accordance with prevailing local wage rates upon recommendation of wage boards or other similar
authority: Provided further, That (1) the position of Administrative Assistant
Secretary of tbe Treasury established by Reorganization Plan Numbered 26 of
1950, the position of Administrative Assistant Attorney General established by
Reorganization Plan Numbered 2 of 1950, the position of Administrative Assistant
Secretary of the Interior established by reorganization Plan Numbered 3 of 1950,
the position of Administrative Assistant Secretary of Commerce established by
Reorganization Plan Numbered 5 of 1950, and the position of Administrative
Assistant Secretary of Labor established by Reorganization Plan Numbered 6 of
1950, shall be filled without reference to section 1310 of Public Law 253 of the
Eighty-second Congress, as amended, shall be subject to the Classification Act of
1949, as amended, shall be placed in the highest grade set forth in the general
schedule of such Act without regard to section 505 (b) of such Act, as amended,
and shall be in addition to the number of positions authorized to be placed in
such grade under such section, and (2) in the case of any other position for
which compensation is expressly established by law at a rate equal to the rate
payable prior to the enactment of Public Law 201, Eighty-second Congress,"
under the highest grade of the Classification Act of 1949, the rate of compensation
shall hereafter be equal to the rate payable for such grade under said Public
Law 201.
Except where specifically increased or decreased elsewhere in this Act, the
restrictions contained within appropriations, or provisions affecting appropriations or other funds, available during the fiscal year 1952, limiting the amounts
which may be expended for personal services, or for specified types of personal
services, or for other purposes involving personal services, or amounts which may
be transferred between appropriations or authorizations available for or involving
such services, are hereby increased to the extent necessary to meet increased pay
costs authorized by Public Laws 201 and 204, approved October 24, 1951, and
Public Law 207, approved October 25,1951, and comparable pay increases granted
by administrative action pursuant to law.
*
*
*
*
*
*
*
Approved June 5, 1952.
(See hearings before Senate Appropriations Committee (Independent Offices
Subcommittee) entitled "Third Supplemental Appropriation Bill." 1952; see also
H. Rept. No. 1503 ; S. Rept. No. 1454: and conference report (H. Rept. No. 2017).)

(66 Stat. 395)
[PUBLIC LAW 455—82n CONGRESS]

[H. R. 7072]
AN ACT
Making appropriations for the Executive Office and sundry independent executive bureaus,
boards, com.missions. corporations, agencies, and offices, for the fiscal year ending June
30, 1953, and for other purposes
Be it enacted by the Senate and, House of Representatives of the United States
of America, in Congress assembled, That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the Executive
Office and sundry independent executive bureaus, boards, commissions, corporations, agencies, and offices, for the fiscal year ending June 30,1953, namely :

*

*

*

*

*

*

*

ATOMIC ENERGY COMMISSION
Operating expenses: For necessary operating expenses of the Commission in
carrying out the purposes of the Atomic Energy Act of 1946, including the employment of aliens; services authorized by section 15 of the Act of August 2, 1946
(5 U. S. C. 55a) ; maintenance and operation of aircraft; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms;

000133

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67
•puc
: of newspapers and periodicals (not to exceed $4,000) ; official entertain' m e m expenses (not to exceed $5,000) ; not to exceed $2,509,350 for expenses of
travel; reimbursement of the General Services Administration for security guard
services ; and not to exceed $23,564,275 for program direction and administration
personnel; $708,986,500, together with the unexpended balances, as of June 30,
1952, of prior year appropriations to the Atomic Energy Commission, and such
balances shall be available for the payment, of obligations incurred by the Commission in connection with the construction of plants and the acquisition and
installation of equipment: Provided, That of such amounts $100,000 may be
expended for objects of a confidential nature and in any such case the certificate
of the Commission as to the amount of the expenditure and that it is deemed
inadvisable to specify the nature thereof shall be deemed a sufficient voucher for
the sum therein, expressed to have been expended : Provided further, That from
this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made,
and in such cases the sums so transferred may be merged with the appropriation
to which transferred : Provided further, That, no part of this appropriation shall
be used to pay the salary of any officer or employee (except such officers and
employees whose compensation is fixed by law, and scientific and technical personnel) whose position would be subject to the Classification Act of 1949, as
amended, if such.Act were applicable to such position, at a rate in excess of the
rate payable under such Act for positions of equivalent difficulty or responsibility :
Provided further, That no part of this appropriation shall be used in connection
with the payment of a fixed fee to any contractor or firm of contractors engaged
under a cost-plus-a-fixed-fee contract, or contracts at any installation of the Commission, where that fee for community management is at a rate in excess of
$90,000 per annum, or for the operation of a transportation system-where that
fee is at a rate in excess of $45,000 per annum.
Plant and equipment: For expenses of the Commission in connection with the
purchase and construction of plant and the acquisition of equ'pment and other
expenses incidental thereto necessary in carrying out the purposes of the Atomic
Energy Act of 1946, including purchase of land and interests in land; purchase
of aircraft; and purchase of not to exceed two hundred and twenty-five passenger
motor vehicles, of which one hundred and sixty-five shall be for replacement only ,
$371,741,000: Provided, That there shall be transferred to and merged with this
appropriation that portion of tbe unexpended balances of prior year appropriations included under the appropriation for Operating Expenses which is applicable to Plant and Equipment, and amounts so transferred together with the
foregoing appropriation shall remain available until June 30, 1953 : Provided
further, Tbat no part of this appropriation shall be used—
(A) to start any new construction project for which an estimate w?as not
included in the budget for the current fiscal year;
(B) to start any new construction project, the currently estimated cost of
which exceeds by thirty-five per centum the estimated cost included therefor in
such budget.
Liquidation of contract .authority: For expenditure by the Commission to
liquidate obligations incurred under prior year contract authority, $57,000,000.
No part of the appropriations herein made to the Atomic Energy Commission
shall be available for payments under any contract hereafter negotiated without
advertising by the Commission, except contracts with any foreign government or.
any agency thereof and contracts for source material with foreign producers,
unless such contract includes a clause to the effect that the Comptroller General
of the United States or any of his duly authorized representatives shall.until the
expiration of three years after final payment have access to and the right to
examine any directly pertinent books, documents, papers, and records of the contractor or any of his subcontractors engaged in the pertoi'mance of and involving
transactions related to such contracts or subcontracts: Provided, That no part
of such appropriations shall be available for payments under any such contract
which includes any provision precluding an audit by the General Accounting
Office of any transaction under such contract.
Any appropriation available under this Act or heretofore made to the Atomic
Energy Commission may initially be used during the fiscal year 1953 to finance
the procurement of materials, services, or other" costs which are a part of work
or activities for which funds have been provided in any other appropriation available to the Commission: Provided, Tbat appropriate transfers or adjustments
between such appropriations shall subsequently be made for such costs on the.

000134

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68

. •

basis of actual application determined in accordance with generally
jjited
accounting principles.
7
Not tq exceed 5 per centum of any appropriation under this head may be trans^ '"'
ferred to any other such appropriation hut no such appropriation shall be
increased by more t h a n 5 per centum by any such t r a n s f e r s .
Reduction in contract a u t h o r i t y : Contract a u t h o r i t y available to the Commission is hereby reduced by $635,623.

*

*

*

*

*

*

*

INDEPENDENT OFFICES—GENERAL PROVISIONS
S E C 102. No p a r t of any appropriation .contained in this title for t h e Atomic
Energy Commission shall be used to confer a fellowship on any person who advocates or who is a member of an organization or p a r t y t h a t advocates the overthrow of the Government of the United States by force or violence or with respect
to whom the Commission finds, upon investigation and report by the F e d e r a l
B u r e a u of Investigation on the character, associations, and loyalty of whom, t h a t
reasonable grounds exist for belief t h a t such person is disloyal to the Government
of t h e United S t a t e s : Provided, T h a t any person who advocates or who is a
member of an organization or p a r t y t h a t advocates the overthrow of t h e Gove r n m e n t of the United States by force or violence and accepts employment or a
fellowship the salary, wages, stipend, grant, or expenses for which a r e paid from
a n y appropriation contained in this title shall be guilty of a felony and, upon
conviction, shali be fined not more than $1,000 or imprisoned for not more t h a n
one year, or b o t h : Provided further, T h a t the above penal clause shall be in
addition to, and not in substitution for, any other provisions of existing law.
*
*
*
*
'
•
*
*
Approved J u l y 5, 1952.
(See h e a r i n g s before House Appropriations Committee (Independent Offices
Subcommittee) entitled "Independent Offices Appropriations for 1953," pt. 3,
p. 1039, and h e a r i n g s before Senate Appropriations Committee (Independent
Offices Subcommittee) entitled "Independent Offices Appropriations, 1953," p. 1 ;
see also H. Rept. No. 1517; S. Rept. No. 1603; and conference reports ( H . Repts.
Nos. 2315 and 2443).)
(66 Stat. 643) .
[PUBLIC

LAW

547—82D

CONGRESS]

[H. R. 8370]
AN ACT
Making supplemental appropriations for the fiscal year ending June 30, 1953, and for
other purposes
• Be it enacted by the Senate and House of Representatives
of the United States
of America in Congress assembled, T h a t t h e following sums a r e appropriated,
out of any money in the T r e a s u r y not otherwise appropriated, to supply supplemental appropriations for the fiscal year ending J u n e 30, 1953, and for other
purposes, n a m e l y :

*

*

*

*

.*

*

*

ATOMIC ENERGY' COMMISSION

Operating e x p e n s e s : F o r a n additional a m o u n t for "Operating expenses,"
including the h i r e of passenger motor vehicles, $88,094,000, of which $50,000,000
shall be available only for t h e weapons p r o g r a m : Provided, T h a t appropriations
g r a n t e d to the Commission under this head for the fiscal year 1953 shall be available in a m o u n t s not to exceed $27,909,900 for expenses of program direction and
administration personnel, and not to exceed $3,183,498 for expenses of travel.
P l a n t and e q u i p m e n t : For a n additional amount for " P l a n t and equipment,"
including t h e purchase (not to exceed an additional one hundred) and h i r e Of
passenger motor vehicles, $2,898,800,000: Provided, T h a t in connection with t h e

000135

•

�*•

Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

,

69
xpai
. of facilities provided in this appropriation, the Commission is author^
^fized witnout regard to section 3679 of the Revised Statutes to enter into new. contracts or modify existing contracts to provide for electric utility services forperiods not exceeding twenty-five years, and such contracts shall be subject to.
termination by the Gommission upon payment of cancellation costs of not to&gt;
exceed $57,000,000, and any appropriation presently or hereafter made availableto the Commission shall be available for the payment of such cancellation costs:
Provided further, That no part of the foregoing appropriation shall be available.for the construction of any office building, residence, warehouse or similar structure, utility, or other specific portion or unit of a project, unless funds are available for the completion of such building, utility, or other specific portion or unit,
of such project. The foregoing proviso shall not be construed to prevent the purchase of land for any project, the construction of any new building or procurement,
of any machinery, equipment, or materials therefor, nor any utility nor any portion or unit of a specific project if the funds are available to pay the cost of such.:
land, the cost of such building, machinery, equipment, or. materials, or the cost,
of such utility or the cost of any such specific portion or unit of such project..
*
*
'*
*
*
*
*
Approved July 15, 1952.
(See hearings before House Appropriations Committee (Independent Offices-Subcommittee) entitled "The Supplemental Appropriation Bill for 1953," pt. 3„
p. 1, and hearings before Senate Appropriations Committee (Independent Offices.
Subcommittee) entitled "Supplemental Appropriation Bill. 1953." p. 385; see also
H. Rept. No. 2316; S. Rept. No. 2076; and conference reports (H. Repts. Nos..
2494 and 2499).)

T h e following table sets f o r t h all a p p r o p r i a t i o n s f o r atomic energjr
since t h e A t o m i c E n e r g y Commission took over f r o m t h e M a n h a t t a n .
E n g i n e e r D i s t r i c t on J a n u a r y 1, 1947. T h i s t a b u l a t i o n of m o n e y
m a d e available b y Congress is also a r e c o r d of over-all disbursements:
by t h e Commission since i n v a r i a b l y f u n d s n o t e x p e n d e d d u r i n g a n y
given fiscal y e a r h a v e been r e a p p r o p r i a t e d a n d m a d e available for theu
following fiscal year.

000136

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

Tabulation

of Atomic

Energy Commission

appropriations,

by fiscal years,

19,47-52

(Figures in parentheses indicate amounts for " Contract authority." Figures in hrackets show hreak-down of a particular appropriation. Amounts in brackets and parentheses are
not included in totals for "Amount requested" a n d " Amount appropriated," since only cash appropriations reflect real costs to the United States Government and money available
for disbursement from the Treasury)

Appropriation

Fiscal year 1947
_
Fiscal year 1948:
Independent Offices Appropriations Act, 1948:
Cash
_
._
Contract authority
First Deficiency Appropriation Act, 1948: Contract authority
_
Fiscal year 1949:
The Supplemental Independent Offices Appropriations Act, 1949:
Cash....
(Cash to liquidate included in appropriation)
.
_.
Contract authority
Second Deficiency Appropriation Act, 1949:
Cash to liquidate
Fiscal year 1950:
Independent Offices Appropriation Act, 1950:
Cash
(Cash to liquidate included in appropriation)
_
_.
Contract authority. _
_
Urgent Deficiency Appropriation Act, 1950:
Contract Authority
__
_
Fiscal year 1951:
General Appropriation Act, 1951:
Cash
(Cash to liquidate included in appropriation)
Contract authority
Supplemental Appropriation Act, 1951: Cash
2d Supplemental Appropriation Act, 1951: Cash.
4th Supplemental Appropriation Act, 1951: Cash.

Amount
requested

Date of
request

Amount
allowed by
House

Amount allowed
Amount
appropriated
by Senate

2 $604,900,000

"$564,900,000

250,000,000 Jan. 3,1947
(250,000,000) . . . . . d o

$175,000,000
(250,000,000)

$175,000,000
(250,000,000)

175,000,000
(250,000,000)

('200,000,000) Jan. 22,1948

(150,000,000)

(150,000,000)

(150,000,000)

501,850,000

521,850,000

511,850,000

&lt; 625,000,000 Jan.

6,1948
6,1948

(400,000,000)

(400,000,000)

[360, 000,000]
(400, 000,000)

110,000,000

Mar. 2,1949

UO, 000,000

110,000,000

110,000,000

740,000,000

Jan.

702, 930, 769

702,930, 769

702, 930, 769

[625,000,000]
(400,000,000) Jan.

3,1949

Difference
between request and
appropriation

Date enacted

Percent
-7

'0

Public
Law
No.'
663 (79)
20 (80)

July 30,1947 }
do

269 (80)

May 10,1948

519 (80)

o

June 30,1948
862 (80)

&lt;-ll
June 30,1948
0

June 23,1949

119 (81)

Aug. 24,1949

§, 1949

(387,189, 628)

(387,189, 628)

(375, 000, 000)
[387,189, 628]

Augr24,~i949~

266 (81)
(See also
422 (81))

Jan. 25,1950

(78,885,000)

(78,885,000)

(78, 885,000)

Mar. 27,1950

468 (81)

« 726,100,000 Jan.. 3,1950

647, 820,000

647, 820, 000

647, 820, 000

Sept. 6,1950

[375,000,000]
(427, 000,000) Jan.
(87^ 650,000)

[460,000, 000]
(333, 500. 000)
260,000, 000
1, 050, 000,000
51,300,000

Jan. " 3,1950
July 7,1950
Dec. 1,1950
Mar. 50,1951

(300,150.000)
260, 000, 000
840, 000, 000
46, 800,000 -

[414,000,000]
(300,150, 000) (300,150.000)
260. 000,000
260, 000, 000
1,080,000,000 1,065, 000,000
59,323,000
» 59,323, 000

-7-

759 (81)
0

+1
+15

S~ept\~"(U950"
Sept. 27,1950
Jan. 6,1951
May 31,1951

843 (8
911 (£
43 (8!s,,

CI
{

000137

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a (.'information

Fiscal year 1952:
Independent Offices Appropriation Act, 1952:
Cash
.(Cash to liquidate included in appropriation)
Supplemental appropriation: Cash
2d Supplemental Appropriation Act, 1952:
Cash
_
Fiscal year 1953:
Regular appropriation
Operating expenses
Plant and equipment
Liquidation of contract authority...
Supplemental Appropriation Act, 1953
Operating expenses
Plant and equipment..
Total

1,210,000,000

Jan. 15,1951

1,-139,932, 750

1,168,932,750

1,139,932,750-

Aug. 31,1951

137 (82'

Nov. 1,1951

253 (82)

do..

254 (82)

July 5,1952
do.do
July 15,1952

455 (82)

260,000,000

271,928, 655

[340,000,000]
265,965,000

'484,240,000

Sept. 15,1951

200, 000, 000

200,000,000

200, 000,000

1,312,000,000

Jan. 21,1952

1.137,727,500
[708,986, 500]
[371,741,000]
[57,000,000]
1,485,000,000
[35,000,000]
[1,450,000,000]

[340,000,000]
273,000,000 July 31,1951

• [57,000,000]
3,191,000,000 May 29,1952
[172,400,000]
[3,018,600,000]
10,887, 540,000

1,137, 727," 500 1,137,727,500
[708,986, •'00

708,986, 5001

[371, 741, 000
[371,741,000
(57,000, 000]
[57,000, 000
3, 659, 988,000 2,986, 894,000
[88,094,000]
[141,188,000]
» [1, 450,000,000] [2,898,800,000]
•[2,068,800,000]

547 (82)

1,827,343,019

i Numbers in parentheses indicate the Congress during which law was enacted.
'
a This represents the total amount of funds transferred from the War Department. There were $152,900,000 of unliquidated obligations transferred from the War Department
which left a balance of $452,000,000 available for new obligations. The appropriation, 1942-47, was reduced by $40,000,000 by the act of Mar. 22,1947 (Public Law 20, 80th Cong.),
a Revised to $150,000,000 at AEC request by H. Doc. 542, dated Feb. 19,1948.
' Reduced to $550,000,000 at AEC request by H. Doc. 597, dated Apr. 7, 1948.
• Reduced to $709,800,000 at AEC request by H. Doc. 457, dated Jan. 27,1950.
• Increased by S. 37.
' The report of the House Committee on Appropriations (H. Rept. No. 1110, Oct. 8,1951) on the second supplemental appropriation bill, 1952 (H. R. 5650), states: "In view of the
assurance of AEC officials that funds already provided will meet all requirements until early next spring the committee has effected a reduction of $284,200,000 in the supplemental
request of $484,200,000, leaving a total of $200,000,000, which will be entirely sufficient to meet any emergency needs for additional funds which may arise prior to the time Congress
has had a further opportunity to review the program and the efficiency with which construction work is proceeding." The request Was for additional funds for the Savannah River
Operations Office.
8
Cash, including $1,355,398,000 cash to liquidate.
• Contract authority.

000138

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces al'information

- r. »--, *.
-.41

72
The following table compares total,actual disbursements - a.-"th'7 '
atomic energy project (Manhattan Engineer District and Atomic
Energy Commission) -with the total gross national product, total
major national security expenditures, total expenditures by the Federal Government, and total expenditures by the Department of
Defense, during the postwar years.
Comparison of total Atomic Energy Commission expenditures with total gross
national product, major national security expenditures, total Federal expenditures, and total Department of Defense expenditures, fiscal years 1946-58

Fiscal year

Total
Federal
expenditures
(actual)

Total
Departm e n t of
Defense
expenditures '
(actual)

Relationship 1 of A E C e x p e n d i Total
t u r e s to—
Atomic
Energy
Commis- Total
Total
Major
sion
gross
T o t a l Defense'
expendi- national aational F e d e r a l D e p a r t tures
prod- security e x p e n d - m e n t
expend- i t u r e s expend(actual)
uct
itures
itures

Millions
Millions
t $49, 800
$53,115
« 22,100
39,289
• «16, 400
33, 791
40,057
* 19, 000
40,156
« 17, 800
44, 633
• 26, 400
66,100
» 46, 300
' 58, 200 , 79,000

Millions
$39,492
14,316
10,961
11,914
11, 889
19,800
39, 000
47,200

Percent
Millions
Percent Percent Percent
$320
0.6
0.8;
0.20
0.6
332
.9
1.5
2.3
.15
479
1.4
2.9
4.4
.20
628
1.6
3.3
5.2'
.20
634
1.4
3.1
4.6.JO
2.1
3.5
4.7'
9:0
.10
2.5'
3.6
4.3
1,6 0
.ro
.2.5
3.4
4.2
2,0 0
.to

Major
T o t a l gross n a t i o n a l
national
security
p r o d u c t i expenditures

1946?
1947
1948
1949
1950- . .
1951
1952
1953 ( e s t i m a t e ) . .

Millions
$179,070
223, 700
245,850
262. 350
263, 750
311,100
337, 650
• 352, 500

Total

2,175, 970

256, O0C

396,141

194, 572

6,883

.30

2.7

1.7

3.5

1
2
3

Market value of the output of goods and servicss produced by the Nation's economy.
Does not include civil functions expenditures by the Corps of Engineers.
Somewhat less than one-eighth of fiscal year 1946 had elapsed before hostilities ended.' To make rough
allowance for that fact, the fiscal year 1946 figures are only seven-eighths of the totals listed in the budget
records.
* Estimated on the basis of classifications available for those years.
5
Includes expenditures for military services, international security and foreign relations (except foreign,
loans), atomic energy, merchant marine, promotion of defense production and economic stabilization, and
civil defense. Source: Economic Indicators, monthly report prepared for the Joint Committee on theEconomic Report, U. S. Congress.
8 Estimated on the basis of 1952 prices.
7
President's Midyear Budget Review, Aug. 19,1952.

000139

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a {'information

INDEX
Subject
Administrative, procedure
Advisory boards

.

Advisory committees
Appointment of—
Army, Navy, or Air Force officers to Commission.:
Commission members by President
Director of Engineering

m

Section
14
12(a) (1)
12 (c)
2 (b)
12 (c)

Page
28
25
27
4
27

2(d)
2(a)(1)
2 (a) (2)
2(a)(4)

5
2
2
4

(B)

Director Of Military Application
Director of Production-_._
Director of Research
General Advisory Committee

-

_..

General Manager of Commission
Military Liaison Committee
Appropriations
Armed forces
:
.
Army officers, appointment to'Commission
Atomic bombs. (See Military applications of atomic energy.)
Atomic energy, definition
Atomic Energy Commission:
Acquisition of—
Fissionable material
Production facilities
Real property
Source material

.

-

Appointment of Army, Navy or Air Force officers to
Appointment of members
Authority. (See General authority of the Commission.)
Contracts

2(a) (4)
(B)
2 (d)
2(a)(4)
(B)
2(a) (4)
(B)
2(b)
12 (c)
2(a)(4)
(A)
2(c)
19
6(a)
2(d)

4
5
4
4
4
27
3
4,5
32
14
5 •

18 (a)

31

5 (a) (5)
. 5 (b) (7)
5(a) (5)
12 (c)
5(a)(5)
5 (b) (5)
5(b) (5)
6 (b) (7)
2 (d)
2 (a)

11
12
11
27
11
12
12
12
5
2

3 (a)
4 (c) (2)
5 (b) (6)
10 (b) (5)
(B) (i)
10 (a)

7
8
12
21

Control of information, policy of
Distribution of—
Byproduct materials
•
5(c)(2)
Byproduct power
7(d)
Fissionable materials
5(d)(1)
Employees (see also Atomic Energy Commission, organization) :
Appointment
.
1
12 (a) (4)
Compensation
12 (a) (4)
Former employees of Manhattan Engineer District. 10(b) (5)
• (B) (iii) (b) '
Housing, health, and safety
12(a) (5)
(73)
-

18
14
16
14
26
26
21
26

000140

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur faeces a-{'information

- .*&amp;. *, m ,*
J- ' *

.

7

4

Subject
Atomic Energy Commission—Continued
Employees—Continued
Investigations by FBI and Civil Service Commission..

Section
(

Utilization of Federal, State, or local government
personnel.
Exploration (see also Exploration to determine location
of source material).
Licensing
-

Operation of production facilities
Organization
*._..
^
•
Ownership of—Fissionable material - a ^ ^ . , - , - - .
Production facilities

_

'
..
^

-

•
Payment to local governments in lieu pf property taxes. .
Production of atomic bombs and other military weapons
utilizing fissionable materials.
Property of
,_
.
Reporting by
Reporting t o „ - ,
--Research and development work, assistance in (see also
Atomic Energy Commission, contracts).
Research and development work by Commission:
Military applications
Peacetime applications
Semiannual reports to Congress
Taxes, exemption from
Terms of office of members
Atomic weapons. (See MiUtary applications of atomic
energy.)
'
Attorney General of the United States, prosecution by

Par
"--^

10(b)(5)
(B) (ii)
12 (a) (6)

21
26

5 (b) (6)

12

5 (b) (2)
11
5,&lt;b) (3) ' T l
5 (d) (2)
14
7 (a)
15
" 7 (c) ' 16
10 (b) (5)
21
(B) (i) '
* •
4(c) (2)
8
2(a)
2
5(a) (2) '
5 (b; (7)
9 (a) (1)
4(c)(1)
9 (a) (2)
9 (a) (3) '
9 (b)
6 (a) (2) '

10
12
17
8
17
17
17
14

9(a)
7(b)
5(b)(4)
10 (c)
11 (a) (3) '
3 (&amp;)

17
15
12
22
22
7

6(a) (1)
3 (b)
17
9(b)
2 (a) (2)

14
7
30
17
2

10(b) (5)
(A)

21

Authorization to armed forces to produce atomic weapons.
(See Military applications of atomic energy.)
Byproduct materials:
Definition
.
5(c)(1)
Distribution
5 (c) (2)
Byproduct power
7(d)
Civil Service Commission, investigations by (see also Federal
Bureau of Investigation)
10 (b) (5) (B) (i)
10 (b) (5) (B) (ii)
Committees:
Advisory committees and boards
12(a)(1)
^
12 (c)
General Advisory Committee
:
2 (b)
12 (c)
MilitaryLiaisonCommitt.ee
2 (c)
Compensation awards and royalties for patents
11(e)
Compensation for private property acquired
13
Compensation of—
Chairman and members
2 (a) (2)
General Manager
2 (a) (4) (A)
Military personnel serving with Commission
2(d)
Congress of the United States, reports by Commission to
7 (b)

13
14
16
21
21
25
27
4
27
4
24
27
3
4
6
15

000141

�"

'

Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

.,,,

V

75
• ..».
Contracts

Subject

Section
3 (a) .
4 (c) (2)
5 (b) (6)
10 (b) (5)
(B) (i)

Page
. .7
8
12
21

. .

Control of information:
;
Inspections, records and reports
10 (c)
Policv of t h e Commission
1
10(a)
Restrictions
-.
10 (b)
Control of materials:
Byproduct materials
5(c)
Fissionable materials
5(a)
General p r o v i s i o n s . . 5(d)
Source materials
.
5 (b)
Declaration of policy:
Findings and declaration
1(a)
Purpose of act
.
.
1(b)
Definitions:
Atomic energy
18(a)
Byproduct material
...
5 ( c ) (1)
Equipment or device utilizing fissionable material or atomic
18(f)
energy.
Facilities for the production of fissionable material
18(g)
Fissionable material
'
5 (a) (1)
Government agency
18(b)
International arrangement
8(a)
Person
18(c)
Produce
4(a)
Research and development
18(e)
Restricted data
10(b)(1)
Source material
5 (b) (l)
United States
.
18(d)
Delivery of atomic weapons to armed forces
6 (a)
Development. (See Research.)
Development work in military application of atomic e n e r g y . _ . 6 ( a ) ( 1 )
Director of Division of Military Application, a p p o i n t m e n t of
2 (d)
Army or N a v y officer as.
Directors, a p p o i n t m e n t of
2 ( a ) (4) (B)
Dissemination of information, encouragement of (see also
1 (b) (2)
Control of information).
1 0 ( a ) (2)
Disposition of radioactive and other materials. (See General
a u t h o r i t y of t h e Commission.)
Distribution of—
B y p r o d u c t materials
5 ( c ) (2)
Fissionable materials
5(a)(4)
5 (d) (1)
7 (c)
Divisions within t h e Commission
2(d)
Eligibility determining reasonable royalty fee for p a t e n t s . 11 (e) (2)
Employees of t h e Commission. (See Atomic Energy Commission, employees, also organization.)
Employees of Joint Committee on Atomic Energy.
(See
J o i n t Committee.)
Employees of M a n h a t t a n Engineer District
10 (b) (5) (B) (iii)
Enforcement of Atomic Energy Act of 1946
16
Equipment or device utilizing fissionable material or atomic
18 (f)
energy, definition.
Experiments in military application of atomic energy. (See
Military applications of atomic energy.)
Exploration to determine location of source materials
5(b)(6)
5 (b) (7)
Explosions, protection against
1 2 ( a ) (2)
Facilities devoted to atomic energy research and develop9 (a) (2)
ment.
Facilities for the production of fissionable material, definition.
18 (g)

22
18
19
13
. ' 9
14
11
1
1
31
13
31

.

31
9
31
17
31
.8
31
19
11
31
14
14
5
4
2
18

14
10
14
16
5
24

21
29
31

12
12
25
17
31

000142

�Document disclosed under the Access to Information Act • Document divulgue en vertu de la Loi sur faeces^
{'information

76
Subject
Section
F e d e r a l Bureau of Investigation, investigations and reports
on—
Employees of Commission
...
1 0 ( b ) (5) (B) (ii)
Employees of M a n h a t t a n Engineer District, exemption
10 (b) (5)
from.
(B) (iii) (a)
Individuals 'having access to restricted d a t a through
10 (b) (5)
contractor or licensee.
(B) (i)
Violations of act
10(b)(5)(C)
Findings and declaration
.
1(a)
Fissionable material (see also Production of fissionable material) :
Acquisition b y Commission
5(a)(5)
Definition
5(a)(1)
Definition of produce in relation to
4 (a)
Distribution
5(a)(4)
5 (d) (1)
7 (c)
Export or import, prohibition against
5 (a) (3)
Government ownership (see also Property of t h e Commission).
Irradiation
Manufacture of production facilities f o r . . .
Ownership and operation of production facilities for
Possession or transfer of, prohibition against
F u n c t i o n s of Joint Committee on Atomic Energy.
(See
J o i n t Committee.)
General Advisory Committee, organization
&lt;3eneral a u t h o r i t y of t h e Commission:
Acquisition of materials, property, and facilities for
housing, health, safety, welfare, and recreation of personnel.
Acquisition of p a t e n t s
-.

~~Ps^
21
21
21
21
1
11
9
8
10
14
16
10

5 (a) (2)
9 (a)
4 (d)
4(e)
4 (c)
9 (a) (1)
5(a)(3)
(A)

10
17
9
9
8
17
10

2(b)

4

12 (a) (5)

26

11(c)(2)
(A)
11 (d)
12 (b)

23

Actions exempted by President, in interest of national
security, from provisions of contract law.
Advisory boards
12(a)(1)
Advisory committees
.
12(c)
Disposition of radioactive and other materials in t h e
12 (a") (8)
interest of t h e national security.
Employees.
(See Atomic Energy Commission, employees.)
Standards and instructions to protect health or to mini12 (a) (2)
mize danger from explosions.
Studies and investigations
1 2 ( a ) (3)
General Manager:
Appointment, method of. .
2 (a) (4) (A)
iSalary
2 (a) (4) (A)
Government agency, definition..
18 (b)
Government entry upon public lands, right of
5(b)(7)
Government ownership of—
Fissionable material
.
5 ( a ) (2)
Production facilities
L
4(c)(1)
Health, protection of
7 ( c ) (2)
12 (a) (2)
12 (a) (5)
Hearings before Commission
12 (a) (3)
Hearings before Joint Committee on Atomic Energy
15 (d)
Housing of Commission .personnel
12 (a) (5)
Information. (See-Control of information.)
Inspections
10 (c)
International arrangements:
Definition
"...
8 (a)
Effect.:
8(b)
Policies contained in
8(c)

24
27
25
27
27

25
26
3
4
31
12'
10
8
16
25
- 26
26
29
26
22
17
17
17

000143

�•J

Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

J

v

77

\

; . *Subject
International safeguards
,...
Investigations by t h e C o m m i s s i o n . -.
Irradiation of materials
Issuance of licenses by Commission. (See Licensing.)
Joint Committee on Atomic Energy:
Employees
Functions
....
Membership of
•_
Organization
Powers:
A p p o i n t m e n t of employees and fixing of compensation.
Holding of hearings
.
Vacancies in membership of
_.
Judicial review of royalty awards
Judicial review a n d administrative p r o c e d u r e . .
Licensing (see also Atomic Energy Commission):
Fissionable material, manufacture, use, or export of
Restrictions on
Source material
M a n h a t t a n Engineer District:
Employees
Transfer of property to Commission
Manufacture of production facilities
Military applications of atomic energy:
Authorization to armed forces to produce atomic
weapons.
Delivery of atomic weapons t o armed forces
Experiments, research, and development work in
Production of atomic weapons
Prohibition against production, acquisition, or transfer
of atomic weapons.
Military Liaison Committee:
Compensation of members
Duties of
Organization of
Military officers, a p p o i n t m e n t of
Military utilization of fissionable material or atomic e n e r g y . _
N a v y officers, a p p o i n t m e n t to Commission
Nonmilitary utilization of fissionable material or atomic
energy.
Operation of production facilities
.
Organization:
Atomic Energy Commission
General Advisory Committee
General manager
Military Liaison Committee
Ownership of production facilities
•Patent Compensation Board
P a t e n t s and inventions:
Acquisition of p a t e n t s
Affected with the public interest
Compensation awards and royalties:
Eligibility
Judicial review
P a t e n t Compensation Board
Standards
Military utilization
Nonmilitary utilization
Use of inventions for research

Section
10 (a) (1)
12(a)(3)
4(d)

Pags
18
26
9

15 (e)
15(b)
15(a)
15 (a)

29
28
28
28

15 (e)

29 •

15 (d)
15(c)
1 1 ( e ) (4)
14

29
29
25
28

7 (a)
7 (c)
5(d)(2)
7 (b)
7 (c)
5(b)(2)
5 (b) (3)

15
16
14
15
16
11
11

10(b)(5)
(B) (iii)
9 (a) (3)
4 (e)

21

6 (a)

14

6
6 (a)
6(a)
6

17
9

(a)
(1)
(2)
(b)

14
14
14
. 15

2(d)
2(c)
2(c)
2(d)
11 (a)
3 (d)
11 (c)

6
4
4
5
22
7
23

4(c)(2)
4 (c) (3;

8
9

2 (a)
2 (b)
2 ( a ) (4) (A)
2(c)
. 4 ( c ) (1)
11(e)(1)

2
4
3
4
8
23

11(d)
11 (c)

24
23

11 (e) (2)
11(e)(4)
11 (e) (1)
11 (e) (3)
11(a)
11(c)
11(b)

24
25
24
24
22
23
23

000144

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi
sutfaccesa.l'information

78Subject
• • '
P a y m e n t s in lieu of taxes
-_-,..
Penalties for disclosure of restricted d a t a (see also Enforcement).
Person, definition
...
•_
Policy concerning international a r r a n g e m e n t s .
Policy of Commission concerning control of information
Possession a n d use of fissionable a n d byproduct materials,
standards governing.
Possession of fissionable materials
-.
Possession of production facilities
Powers of Joint Committee on Atomic Energy. (See Joint
Committee.)
President of t h e United States:
Appeal.to
Appointment of Commission members b y
Appointment of General Advisory Committee
Authority to utilize services of any Government a g e n c y .
Authorization t o armed forces to manufacture or acquire military devices utilizing atomic energy.
Designation of Commission Chairman b y
Directions concerning—
Delivery of fissionable material or weapons t o
armed forces.
Production of atomic b o m b b y Commission
Transfer t o Commission of Government-owned
•" interests.
Recommendations b y
.
Removal of Commission members b y
• Reports to
•
.
Private p r o p e r t y acquired, compensation for
Prodkice, definition
:
Production facilities:
Manufacture..,
Operation
...
Ownership
Purchase of interest in, by Commission
Production of fissionable material:
Definition of produce
Irradiation of materials
Manufacture of production facilities
Ownership and operation of production facilities
P a t e n t s for inventions useful solely in
Prohibitions against
Production of atomic weapons. (See Military applications
W- of atomic energy.)
P r o p e r t y of t h e Commission:
Facilities, equipment, and materials devoted primarily
t o atomic energy, research, and development.
Fissionable material
Production facilities

Section
9 (b)
10 (b) ( 3 ; .
10 (b) (4)
18 (c)
1 (b) (5)
10 (a)
12 (a) (2)

Pag.
17"
20
20
31
2
18
25

5 ( a ) (3)
(A)
4 (b)

10

2 (c)
2 (a) (2)
2 (b)
10 (b) (5)
(B) (iv)
6 (a) (2)

4
2
4
21

2 (a)

2

6 (a)

14

6 (a)
9 (a)

14
17

7(b)
2 ( a ) (2)
7(b)
13
4 (a)

15
2
15
27

14

4 (e)
4 (c) (2)
4 (c) (3)
4 (c) (1)
5(a)(5).
5 (a) (5)

9
8
11
11

4 (a)
4 (d)
4(e)
4 (c)
11 (a) (1)
4 (b)
5 (a) (3) (C)
11 (a) (1)

8
9
9
8
22
8
10
22

9 (a) (2)

17

5 (a)
9 (a)
4(c)
9. (a)
. 9 (a)

1017
8
17
17

(2)
(1)
(1)
(1)
(3)

Property, owned b y or in custody or control by M a n h a t t a n Engineer District or other Government
agencies.
Taxes, p a y m e n t in lieu of
9 (b)
Prosecution for disclosure of restricted d a t a
1 0 ( b ) (5) (A)
Public lands containing source materials
5 ( b ) (7)
Purpose of act
1 (b)

17
21
12
1

000145

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Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a {'information

~&gt;

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79

• -

-'
Subject
Radioactive materials, disposition of
Real property, purchase by Commission
:
Records required by Commission
._
Removal of Commission members by President
Reporting (see also under Atomic Energy Commission):
Activities under licenses.
Invention or discovery utilizing atomic energy for a
military weapon.
Ownership, possession, extraction, refining, shipment or
;
other handling of source materials.
Production of fissionable material
1
Provisions to protect health in the conduct of research
and development, activities.
... Semiannual reports to Congress.... .
. :
,
Research:
Assistance by Commission
By Commission through own facilities
Commission's authorized activities in
Facilities
.
Military applications of atomic energy
Use of inventions for
:
Research and development, definition
Restricted data, definition
i..
Restrictions on communication of scientific and technical
information.
Royalty fees for patents. (See Patents and inventions,
compensation awards and royalties.)
Security
--Semiannual reports to Congress. _
Separabilitv of provisions
'.
Short title."
Source material:
Acquisition
Definition
-_
Exploration
^
Issuance of licenses
License for transfers required

Section
Page
12(a) (8)
27
5(a) (5) .
11
10(c)
22
2(a)(2)
2
10(c)(1)
11 (a) (3)

22
22

5 (b) (4)

12

10(c)(2)
7 (c)

22
16

17

30

3 (a)
2(b)
3(b)
9 (a) (2)
6(a)(1)
11 (b)
18 (e)
10(b)(1)
10 (b)

7
7
7
17
14
23
31
19
19

12 (b)
17
20
21

27
30
32
32

5 (b) (5)
5(b)(1)
5 (b) (6)
5(b) (3)
5(b)(2)
5 (d) (2)
5(b) (7)
5(b)(4)
12 (a) (2)

12
11
12
11
11
11
12
12
25

Public lands containing
Reporting
Standards and instructions governing possession and use of
fissionable and byproduct materials.
Standards determining reasonable royalty fee for p a t e n t s —
11 (e) (3)
Standards set by Commission to protect health or to mini7 (c)
mize danger from explosives.
12 (a) (2)
Studies by the Commission. (See General authority.)
Taxes on property of the Commission. (See Property of the
Commission.)
Terms of office of members of Commission
2(a)(2)
Transfer of atomic weapons. (See Military applications of
atomic energy.)
United States, definition
'
18 (d)
United States Attorney General, prosecutions by
10(b) (5) (A)
United States Congress, reports by Commission t o . . .
7(b)
Use of inventions for research
11(b)
Utilization of atomic energy:
Byproduct power
7(d)
Issuance of licenses
.
7(c)
License required.
7(a)
Report to Congress
_.
7(b)
Vacancies in membership on Joint Committee on Atomic
Energy. (See Joint Committee on Atomic Energy.)
Violations of Atomic Energy Act of 1946 (see also Enforce- 10 (b) (5) (C)
ment).

.

24
16
25

2
31
21
15
23
16
16
15
15
21

000146

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi stir faecesxj {'information
v&gt;. '

80
INDEX TO APPENDIXES
Subject

Appropriations for Atomic Energy
•_.•
Atomic energy legislation
Espionage Act
Investigations by Civil Service Commission in lieu of FBI
(Public Law 298, 82d Cong.)
Los Alamos retrocession bill
Text of.Laws Referred to in the Atomic Energy Act of 1946. .
Transfer of properties and personnel to AEC from Manhattan
Engineer District (Executive Order 9816)
List, of publications of the Joint Committee on Atomic Energy

v . ~
Section

:
Page

G
D
F

50
36
48

B
C
E

34
35
41

A

33
-

81

000147

i

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information

.and T.

"^

PUBLICATIONS O F T H E J O I N T COMMITTEE ON ATOMIC ENERGY
1945-46
Hearings:
Nov. 27, 28, 2 9 , 3 0 ; Dec. 3, 5, 6, 10, •-Investigating problems relating to t h e
development, use, and control of
12, 13, 14, 19, 20, 1945; Feb. 15,
atomic energy ( a u t h o r i t y of S. Res.
1946.
179), pts. 1-5.
* J a n . 22, 23, 25, 28, 29, 30, 3 1 ; Feb. Development and Control of Atomic
Energy. (On S. 1717, a bill for t h e
1, 7, 8, 11, 13, 14, 18, 19, 2 7 ; Apr.
development and control of atomic4, 8, 1946.
energy.)
Reports:
Apr. 19, 1946, S. Rept. No. 1211.
J u l y 10, 1946, H. Rept. No. 2478.
July 25, 1946, Conference Report
Development and Control of Atomic
Energy.
No. 2670.
(Above reports to accompany S.
1717.) .
.
Essential Information
on Atomic
Monograph: *1946, Monograph No. 1
Energy,
"
NOTE.—Above publications by Senate Special Committee on Atomic Energy.
1947
H e a r i n g s : M a n . 27, 28, 30, 3 1 ; Feb. 3, 4,
Confirmation of t h e Atomic Energy
5, 6, 7, 8, 10, 11, 12, 17, 18, 19, 20, 21,
Commission a n d t h e General Man22, 24, 26, 2 8 ; Mar. 3, 4.
ager. 1
1948
Hearings : Mar. 9, 10, 12, 1 5 , 1 6 Reports:

Labor Policy in Atomic Energy P l a n t s .

[Development and Control of Atomic
| Energy. ( F i r s t report of the J o i n t
I Committee on Atomic Energy to t h e
I Congress of the United States.)
Amending the A t o m i c . E n e r g y Act of
1946 so as To Provide T h a t No Person Shall Be Appointed a s a Member
J a n . 30, S. Rept. No. 851 ( t o acof the*. Atomic Energy. Commission
company S. 1004),.
•-••or as General Manager of Such ComFeb. 2, H. Rept. No. i290 (to acmission Until a n Investigation W i t h
company H. R.-5216) "arid .Feb.
Respect to t h e Character, Associa17, pt. 2, supplemental report.
tions, and Loyalty of Such Person
Shall H a v e Been Made by t h e Fede r a l B u r e a u of Investigation.
May 17, S, Rept. No. 1342, and May
24, pt. 2, minority views (to acProviding for Extension of t h e T e r m s
company S. 2SS9)
• of Office of t h e P r e s e n t Members of
May 18, H. Rept. No. 1973, and May
the Atomic Energy Commission.
24, pt. 2, minority views (to accompany H. R. 6402)
Committee P r i n t s :
Argonne National Laboratory, D u
J u n e 17 (subcommittee r e p o r t )
P a g e County (111.) Site
Comparison of Atomic Energy Legisla*Dec 21_
tion of t h e United S t a t e s and Cert a i n Foreign Countries
J a n . 30, S. Rept. No. 850.
J a n . 30, H. Rept. No 1289.

•Out of print.
i Confirmation hearings before Senate section of Joint Committee on Atomic Energy.
(81)

000148

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur faccgs a J'information

82

. &gt; '

1949
Hearings:
Feb. 2
Feb. 17, 21, 24___~

. ~ -. ^
Atomic Energy Report to Congress.
Los Alamos Retrocession Bill and AEC
Contract Policy.
Apr. 14, May 10
Selection of Site for Reactor Test
Station.
Apr. 21
Oak Ridge Dormitory Facilities. '
May 2
Natural Gas Facilities for Oak Ridge.
May 3
,
Recommendations on Labor Relations
Policy in Atomic Energy Installations.
. May 12,18
Confirmation of Gordon E. Dean and
Henry DeWolf Smyth as Members3
of the Atomic Energy Commission.
*May 16, 17, 18, 23
• Atomic Energy Commission Fellowship
Program.
•May 23; June 1, 2, 6, 8, 9, 13, 15, Investigation into the United States
16,17, 20, 21, 22, 23, 24, 28,29, 30;
Atomic Energy Project.
July 6, 7, 8, 11; appendixes,; .
index.
June 20
:
*•
Uranium Inventory at Oak Ridge.
Aug. 2, 4, 8, 10
^_ Hanford School Facilities.
Reports:
Feb. 21, S. Rept. No. 76 (to accom- Retrocede to the State of New Mexico
. panyS. 152).
.Exclusive Jurisdiction over Lands
- within the Boundaries of the Los
Alamos (N. Mex.) Project of the
United States Atomic Energy Commission.
Aug. 18, S. Rept. No. 934 (to accom- Amending the Atomic Energy Act so as
. pany S. 2372) ; H. Rept. No. 1282
to Provide for Certain Changes in
(to accompany H. R. 5884). '
' ' the Composition of the Military Liaison Committee.
nn^19«S'«EeBorrf0,iVn69iVfiQ"nV"9 I Investigation into the United States
°?mfnori S ty S o * 0 " U 6 9 * * * j A t o m i c ™"™ Commission.
Oct. 18, S. Rept. No. 1201 (to accom- Amending the Independent Offices Appany S. 2668).
propriations Act for the Fiscal Tear
1950.
Committee prints:
Apr. 29 (subcommittee report)—__. Dormitory Rental Problem, Oak Ridge,
Tenn.
May 23 (subcommittee report) __-__. Natural-Gas Pipe Line, Oak Ridge,
Tenn.
1950

Hearings:
Mar. 3
Mar. 17, 20, 23, 30, Apr. 3
Mar. 29

Hanford School Facilities.
Civil Defense Against Atomic Attack.
Confirmation of Thomas E. Murray to
be a Member1 of the Atomic Energy
Commission
Patent
Aspects of the Atomic Energy
:

Mar. 31

•

Apr. 18-*.
June 29

Act

Community Policy.
*._•_.=.*.
Confirmation
of Sumner T. Pike to be
:
a Member 1of the Atomic Energy
Commission.
. *Aug. 16 r .____—
___
Confirmation pf Thomas Keith Glen. ,
• ' • . _ _ liari to'be a Member1 of the Atomic
Energy Commission.
•Oiit of print.
.
* Confirmation, hearings before Senate section of Joint Committee on Atomic Energy.
;

000149

.

�Document disclosed under the Access to Information Act Document divulgue en vertu de la Loi sur I'acces a I'information
""S,.

•^

83
, 7
.-omm. J .ee prints:
*February

1950—Continued
Civil Defense Against Atomic Attack:
Preliminary Data.
Hanford School Facilities.
Lease of an Oak Ridge Department
Store.
The Hydrogen Bomb and International Control: Technical
and Background Information.2

Mar. 15 (subcommittee report)
Mar. 30 (subcommittee report)
*July

.

Reports:
Aug. 30, S. Rept. 2493 (to accompany S. 3437)

Hearings:
Feb. 16

Amending the Atomic Energy Act
(relating to salaries and General
Manager).

1951
Housing for Savannah River and Padueah.
Expanded" Atomic Production Program.

Sept. 27

Reports:
° ^ ^ S « i ' ^ N 0 ' 8 9 4 ( t ° a C C ° m ' ] Amending- the Atomic Energy Act of
' Oct I, H. Rept. No. 1104 (to ac1946 (relating to the control of incompany H. R. 5646)
J I0rmatl0nL
Oct. 19, S. Rept. No. 1041
Development and Control of Atomic
Energy (report of the Joint Committee on Atomic Energy to the Congress of the United States).
Committee print: April
Soviet Atomic Espionage.2
Hearings:
Jan. 29

1952
Confirmation of Eugene M. Zuckert
as a Member1 of the Atomic Energy
Commission.
Wage Payments at Nevada Test Site.
Amending the Atomic Energy Act.
State Taxation of AEC Contractors.
Raw Materials.

Jan. 30
Feb. 19, 20, 27; Mar. 10,14,17
Apr. 24
-.
^
Report: July 2, H. Rept. No. 2449

•Out of print.
» Confirmation hearings before Senate section of Joint Committee on Atomic Energy.
Soviet Atomic Espionage may be obtained by writing the Superintendent of Documents, U. S. Government Printing Office, Washington 25, D. C. Price 50tf. The Hydrogen
Bomb and International Control inay also be obtained from the Superintendent of Documents! Price 15^.
2

o

000150

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