Section 1. (a) Findings and Declaration. Research and experimentation in the field of nuclear fission have attained the stage at which the release of atomic energy on a large scale is practical. The significance of the atomic bomb for military purposes is evident. The effect of the use of atomic energy for civilian purposes upon the social, economic, and political structures of today cannot now be determined. It is reasonable to anticipate, however, that tapping this new source of energy will cause profound changes in our present way of life. Accordingly, it is hereby declared to be the policy of the people of the United States that the development and utilization of atomic energy shall be directed toward improving the public welfare, increasing the standard of living, strengthening free competition among private enterprises so far as practicable, and cementing world peace.
(b) Purpose of Act. It is the purpose of this Act to effectuate these policies by providing, among others, for the following major programs;
(1) A program of assisting and fostering private research and development on a truly independent basis to encourage maximum scientific progress;
(2) A program for the free dissemination of basic scientific information and for maximum liberality in dissemination of related technical information;
(3) A program of federally conducted research to assure the Government of adequate scientific and technical accomplishments;
(4) A program for Government control of the production, ownership, and use of fissionable materials to protect the national security and to insure the broadest possible exploitation of the field;
(5) A program for simultaneous study of the social, political, and economic effects of the utilization of atomic energy; and
(6) A program of administration which will be consistent with international agreements 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.
Sec. 2. (a) Atomic Energy Commission
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 a Chairman of the Commission.
(2) Members of the Commission shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. In submitting any nomination to the Senate, the President shall set forth the experience and qualifications of the nominee. The term of office of each member of the Commission taking office prior to th expiration of two years after the date of enactment of this Act shall expire upon the expiration of such two years. The term of office of each member of the Commission taking office after the expiration of two years from the date of enactment of this Act shall be five years, except that (A) the terms of office of the members first taking office after the expiration of two years from the date of enactment of this Act shall expire, as designated by the President at the time of appointment, one at the end of three years, one at the end of four years, one at the end of five years, one at the end of six years, and one at the end of seven years, after the date of enactment of this Act; and (B) any member sppointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term. Any member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. Each member, except the Chairman, shall receive com-pensation at the rate of $15,000 per annum; the Chairman shall receive compensation at the rate of 920.000 per annum. No member of the Commission shall engage in any other business, vocation, or employment than that of serving as a member of the Commission.
(3) The principal office of the Commission shall be in the District of Co-lumbia, but the Commission 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 will enable it to meet its responsibilities for carrying out the purpose of this Act.
(4) There are hereby established within the Commission-
(A) a General Manager, who shall discharge such of the administrative and executive functions of the Commission as the Commission may direct. The General Manager shall be appointed by the President by and with the advice and consent of the Senate, and shall receive compensation at the rate of $15,000 per annum. The Commissio nmay make recommendations to the President with respect to the appointment or removal of the General Manager.
(B) a Division of Research, a Division of Production, a Division of Engineering, and a Division of Military Application. Each division shall be under the direction of a Director who shall be appointed by the Commission, and shall receive compensation at the rate of $14,000 per annum. The Director of the Division of Military Application shall be a member of the armed forces. The Commission shall require each such division to exercise such of the Commission's powers under this Act as the Commission may determine, except that the authority granted under section 3 (a) of this Act shall not be exercised by the Division of Research.
(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 Liason Committee- There shall be a Military Liaison Committee consisting of representatives of the Departments of War and Navy, detailed or assigned thereto, without additional compensation, by the Secretaries of War and Navy in such number as they may determine. The Commission shall advise and consult with the Committee on all atomic energy matters which the 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 War and Navy Departments. 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. It the Committee at any time concludes that any action, proposed action, or failure to act of the Commission on such matters is adverse to the responsibilities of the Departments of War or Navy, derived from the Constitution, laws, and treaties, the Committee may refer such action, proposed action, or failure to act of the Secretaries of War and Navy. If either Secretary concurs, he may refer the matter to the President, whose decision shall be final.
(d) Appointment of Army and Navy Officers.- Notwithstanding the provisions of section 1222 of the Revised Statues (U.S.C, 1940 edition, title 10, sec. 576), section 212 of the Act entitled "An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes", approved June 30, 1932, as amended (U.S.C. 1940 edition, title 5, sec. 59a), section 2 of the Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety five, and for other purposes", approved July 31, 1894, as amended (U.S.C., 1940 edition, title 5, sec. 62), or any other law, any active or retired officer of the Army or the Navy may serve as Director of the Division of Military Application established by subsection (a) (4) (B) of this section, without prejudice to his commissioned status as such officer. Any such officer serving as Director of the Division of Military Application shall receive, in addition to his pay from the United States as such officer, an amount equal to the difference between such pay and the compensation prescribed in subsection (a) (4) (B) of this section.
See. 3. (a) Research Assistance. The Commission is directed to exercise its powers in such a manner as to insure the continued conduct of research and developmental 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.
may make such arrangements without regard to the provisions of section 3709 of the Revised Statues (U.S.C., title 41, sec. 5) upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing that advertising is not reasonably practicable, and 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.
PRODUCTION OF FISSIONABLE MATERIALS
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 b econtained 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 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 with 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 Commissions Production Facilities.- The Commission is authorized and directed to produce or to provide for the production of fissionable material in its own facilities. To the extend deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce fissionable material in facilities owned by the Commission 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 sectio nshall 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 regulations which may be prescribed by the Commission. Any contract made under the provisions of this paragraph may be made without regard to the provisions of section 3709 of the Revised Statues (U.S.C., title 41, sec. 5) upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing that advertising is not reasonably practicable, and partial and advance payments may be made under such contracts. The President shall determine at least once each year the quantities of fissionable material to be produced under this paragraph.
(3) Operation of Other Production Facilities.- Fissionable material mey be produced in the conduct of research and development activities in facilities which, uder paragraph (1) above, are not required to be owned by the Commission.
(d) Irradiation of Materials.- For the purpose of increasing the supply of radioactive materials, the Commission and persons lawfully producing or utilizing fissionable material are authorized to expose materials of any kind to the radiation incident to the processes of producing or utilizing fissionable material.
(e) Manufacture of Production Facilities.- Unless authorized by a license issued by the Commission, no person may manufacture, produce, transfer, or acquire any facilities for the production of fissionable material. Licenses shall be issued in accordance with such procedures as the Commission may by regulation establish and shall be issued in accordance with such standards and upon such conditions as will restrict the production and distribution of such facilities to effectuate the policies and purposes of this Act. Nothing in this section shall be deemed to require a license for such manufacture, 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.
CONTROL OF MATERIALS
See. 5. (a)(1) Definition. The term "fissionable materials" shall include plutonium, uranium 235, and such other materials as the Commission may from time to time determine to be capable of releasing substantial quantities of energy through nuclear fission of the materials.
(2) Privately Owned Fissionable Materials. Any person owning any right, title, or interest in or to any fissionable material shall forthwith transfer all such right, title, or interest to the Commission.
(3) Prohibition. It shall be unlawful for any person to (a) own any fissionable material; or (b) after sixty days after the effective date of this Act and except as authorized by the Commission possess any fissionable material; or (c) export from or import into the United States any fissionable material, or directly or indirectly be a party to or in any way a beneficiary of, any contract, arrangement or other activity pertaining to the production, refining, or processing of any fissionable material outside of the United States.
(4) Distribution of Fissionable Materials. The Commission is autho-rized and directed to distribute fissionable materials to all applicants requesting such materials for the conduct of research or developmental activities either independently or under contract or other arrangement with the Commission. If sufficient materials are not available to meet all such requests, and applications for licenses under section 7, the Commission shall allocate fissionable materials among all such applicants in the manner best calculated to encourage independent research and development by making adequate fissionable materials available for such purposes. The Commission shall refuse to distribute or allocate any materials to any applicant, or shall recall any materials after distribution or allocation from any applicant, who is not equipped or who fails to observe such safety standards to protect health and to minimize danger from explosion as may be established by the Commission.
(b) Source Materials.
(1) Definition. The term "source materials" shall include any ore con-taining uranium, thorium, or beryllium, and such other materials peculiarly essential to the production of fissionable materials as may be determined by the Commission with the approval of the President.
(2) License for Transfers Required. No person may transfer possession or title to any source material after mining, extraction, or removal from its place of origin, and no person may receive any source material without a license from the Commission.
(3) Issuance of Licenses. Any person desiring to transfer or receive pos-session of any source material shall apply for a license therefor in accordance with such procedures as the Commission may by regulation establish. The Commission shall establish such standards for the issuance or refusal of licenses as it may deem necessary to assure adequate source materials for
production, research or developmental activities pursuant to this Act or to prevent the use of such materials in a manner inconsistent with the national welfare.
(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.
(c) Byproduct Materials
(1) Definition. The term "byproduct material" shall be deemed to refer to all materials (except fissionable material) yielded in the processes of producing fissionable material.
(2) Distribution. The Commission is authorized and directed to distribute, with or without charge, byproduct materials to all applicants seeking such materials for research or developmental work, medical therapy, industrial uses, or such other useful applications as may be developed. if sufficient materials to meet all such requests are not available, the Commission shall allocate such materials among applicants therefor, giving preference to the use of such materials in the conduct of research and developmental activity and medical therapy. The Commission shall refuse to distribute or allocate any byproduct materials to any applicant, or recall any materials after distribution or allocation from any applicant, who is not equipped or who fails to observe such safety standards to protect health as may be established by the Commission.
(d) General Provisions. (1) The Commission is authorized to
(i) acquire or purchase fissionable or source materials within the United States or elsewhere;
(ii) take, requisition, or condemn within the United States any fissionable or source material and make just compensation therefore. The Commission shall determine such compensation. In the exercise of such rights of eminent domain and condemnation, proceedings may be instituted under the Act of August 1, 1888 (U. S. C. 1940, title 40, sec. 257), or any other applicable Federal statute. Upon or after the filing of the condemnation petition, immediate possession may be taken and the property may be treated by the Commission in the same manner as other similar property owned by it;
(iii) conduct exploratory operation, investigations, inspections to determine the location, extent, mode of occurrence, use, or condition of source materials with or without the consent of the owner of any interest therein, making just compensation for any damage or injury occasioned thereby.
(2) The Commission shall establish by regulation a procedure by which any person who is dissatisfied with its action in allocating, refusing to allocate
or in rescinding any allocation of fissionable, source, or byproduct materials to him may obtain a review of such determination by a board of appeal con-sisting of two or more members appointed by the Commission and at least one member of the Commission.
MILITARY APPLICATIONS OF ATOMIC POWER
See. 6. (a) The Commission is authorized and directed to
(1) conduct experiments and do research and developmental work in the military application of atomic power; and
(2) have custody of all assembled or unassembled atomic bombs, bomb parts, or other atomic military weapons, presently or hereafter produced, except that upon the express finding of the President that such action is required in the interests of national defense, the Commission shall deliver such quantities of weapons to the armed forces as the President may specify.
(b) The Commission shall not conduct any research or developmental work in the military application of atomic power if such research or developmental work is contrary to any international agreement of the United States.
(e) The Commission is authorized to engage in the production of atomic bombs, bomb parts, or other applications of atomic power as military weapons, 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 for each quarter.
(d) It shall be unlawful for any person to manufacture, produce, or process any device or equipment designed to utilize fissionable materials as a military weapon, except as authorized by the Commission.
ATOMIC ENERGY DEVICES
Sec. 7. (a) License Required.-It shall be unlawful for any person to operate any equipment or device utilizing fissionable materials without a license issued by the Commission authorizing such operation.
Issuance of Licenses.-Any person desiring to utilize fissionable materials in any such device or equipment shall apply for a license therefor in accordance with such procedures as the Commission may by regulation establish. The Commission is authorized and directed to issue such a license on a nonexclusive basis and to supply appropriate quantities of fissionable materials to the extent available to any applicant (1) who is equipped to observe such safety standards to protect health and to minimize danger from explosion as the Commission may establish; and (2) who agrees to make available to the Commission such technical information and data concerning the operation of such device as the Commission may determine necessary to encourage the use of such devices by as many licensees as possible. Where any license might serve to maintain or foster the growth of monopoly, restraint of trade, unlawful competition, or other trade position inimical to the entry of new, freely competitive enterprises, 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 At-torney General any information it may have of the use of such devices which appears to have these results. No license may be given to a foreign govern-ment or to any person who is not under and within the jurisdiction of the United States.
(c) Byproduct Power. If in the production of fissionable materials the production processes yield energy capable of utilization, such energy may be used by the Commission, transferred to other Government agencies, sold to public or private utilities under contract providing for reasonable resale prices, or sold to private consumers at reasonable rates and on as broad a basis of eligibility as the Commission may determine to be possible.
(d) Reports to Congress. Whenever in its opinion industrial, commer-cial, or other uses of fissionable materials have been sufficiently developed to be of practical value, the Commission shall prepare a report to the Con-gress stating all the facts, the Commission's estimate of the social, political, and economic effects of such utilization, and the Commission's recommen-dations for necessary or desirable supplemental legislation. Until such a re-port has been filed with the Commission and the period of ninety days has elapsed after such filing within which period the Commission may adopt supplemental legislation, no license for the use of atomic energy devices shall be issued by the Commission.
PROPERTY OF THE COMMISSION
Sec. 8. (a) The President shall direct the transfer to the Commission of the following property owned by the United States or any of its agencies, or any interest in such property held in trust for or on behalf of the United States:
(1) All fissionable materials; all bombs and bomb parts; all plants, facili-ties, equipment, and materials for the processing or production of fissionable materials, bombs, and bomb parts; 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 refining or production of fissionable materials; and all contracts, agreements, leases, patents, applications for patents, inventions and discoveries (whether pat-ented or unpatented), and other rights of any kind concerning any such items;
(2) All facilities and equipment, and materials therein, devoted primarily to atomic energy research and development; and
(3) All property in the custody and control of the Manhattan engineer district.
(b) In order to render financial assistance to those States and local gov-ernments in which the activities of the Commission are carried on and in which the Commission, or its agents, have acquired properties previously subject to State and local taxation, the Commission is authorized to make payments to State and local governments in lieu of such taxes. Such pay-ments 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 exceeding the taxes which would have been payable for such property in the condition in which it was acquired, except where special burdens have been cast upon the State or local government by activities of the Commission, the Manhattan engineer district, or their agents, and in such cases any benefits accruing to the States and local governments by reason of these activities shall be considered in the determination of such pay-ments. The Commission and any corporation created by it, and the property and income of the Commission or of such corporation, are hereby expressly exempted from taxation in any manner or form by any State, county, municipality, or any subdivision thereof.
DISSEMINATION OF INFORMATION
See. 9. (a) Basic Scientific Information. Basic scientific information in the fields specified in section 3 may be freely disseminated. The term "basic scientific information" shall include, in addition to theoretical knowledge of nuclear and other physics, chemistry, biology, and therapy, all results ca-pable of accomplishment, as distinguished from the processes or techniques of accomplishing them.
(b) Related Technical Information. The Commission shall establish a Board of Commission. The Board shall, under
the direction and supervision of the Commission, provide for the dissemination of related technical information with the utmost liberality as freely as may be consistent with the foreign and domestic policies established by the President and shall have authority to
(1) establish such information services, publications, libraries, and other registers of available information as may be helpful in effectuating this policy;
(2) designate by regulation the types of related technical information the dissemination of which will effectuate the foregoing policy. Such designations shall constitute an administrative determination that such information is not of value to the national defense and that any person is entitled to receive such information, within the meaning of the Espionage Act. Failure to make any such designation shall not, however, be deemed a determination that such undesignated information is subject to the provisions of said Act;
(3) by regulation or order, require reports of the conduct of independent research or development activities in the fields specified in sec-tion 3 and of the operation of atomic energy devices under licenses issued pursuant to section 7;
(4) provide for such inspections of independent research and devel-opment activities of the types specified in section 3 and of the operation of atomic energy devices as the Commission or the Board may deter-mine; and
(5) whenever it will facilitate the carrying out of the purposes of the Act, adopt by regulation administrative interpretations of the Espionage Act except that any such interpretation shall, before adoption, receive the express approval of the President.
See. 10. (a) Whenever any person invents a device or method for the production, refining, or processing of fissionable material: (i) he may file a patent application to cover such invention, sending a copy thereof to the Commission; (ii) if the Commissioner of Patents determines that the inven-tion is patentable, he shall issue a patent in the name of the Commission; and (iii) the Commission shall make just compensation to such person. The Commission shall appoint a Patent Royalty Board consisting of one or more employees and at least one member of the Commission, and the Commis-sioner of Patents. The Patent Royalty Board shall determine what constitutes just compensation in each such case and whether such compensation is to be paid in periodic payments rather than in a lump sum. Any person to whom any such patent has heretofore been issued shall forthwith transfer all right, title, and interest in and to such patent to the Commission and shall receive therefor just compensation as provided above.
(b) (1) Any patent now or hereafter issued covering any process or device utilizing or peculiarly necessary to the utilization of fissionable materials, or peculiarly necessary to the conduct of research or developmental activities in the fields specified in section 3, is hereby declared to be affected with the public interest and its general availability for such uses is declared to be necessary to affectuate the purposes of this Act.
(2) Any person to whom any such patent has been issued, or any person desiring to use any device or process covered by such patent for such uses, may apply to the Patent Royalty Board, for determination by such Board of a reasonable royalty fee for such use of the patented process or device in-tended to be used under the Commission's license.
(3) In determining such reasonable royalty fee, the Patent Royalty Board 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 patent, the cost to the pat-entee of developing such process or device, and a reasonable rate of return on such research investment by the patentee.
(4) No court, Federal, State, or Territorial, shall have jurisdiction or power to stay, restrain, or otherwise enjoin any such use of any such pat-ented device or process by any person on the ground of infringement of such patent. In any action for infringement of any such patent filed in any such court, the court shall have authority only to order the payment of reasonable royalty fees and attorney's fees and court costs as damages for any such in-fringement. If the Patent Royalty Board has not previously determined the reasonable royalty fee for the use of the patented device or process involved in any case, the court in such case shall, before entering judgment, obtain from the Patent Royalty Board a report containing its recommendation as to the reasonable royalty fee it would have established had application been made to it as provided in subparagraphs 2 and 3 above.
ORGANIZATIONAL AND GENERAL AUTHORITY
See. 11. (a) Organization. There are hereby established within the Commission a Division of Research, a Division of Production, a Division of Materials, and a Division of Military Application. Each division shall be under the direction of a Directory who shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compen-sation at the rate of $15,000 per annum. The Commission shall delegate to each such division such of its powers under this Act as in its opinion from time to time will promote the effectuation of the purposes of this Act in an efficient manner. Nothing in this paragraph shall prevent the Commission from establishing such additional divisions or other subordinate organiza-tions as it may deem desirable.
(b) General Authority.-In the performance of its functions the Commis-sion is authorized to-
(1) establish advisory boards to advise with and make recommen-dations to the Commission on legislation, policies, administration, and research;
(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 explosion;
(3) make such studies and investigations, obtain 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 admin-istration or enforcement of this Act, or any regulations or orders issued thereunder. For such purposes the Commission is authorized to require any person to permit the inspection and copying of any records or other documents, to administer oaths and affirmations, and by subpena to re-quire any person to appear and testify, or to appear and produce docu-ments, or both, at any designated place. 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) create or organize corporations, the stock of which shall be wholly owned by the United States and controlled by the Commission, to carry out the provisions of this Act;
(5) appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Commission. All such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with the Clas-sification Act of 1923, as amended, except that expert administrative, technical, and professional personnel may be employed and their com-pensation fixed without regard to such laws. The Commission shall make adequate provision for administrative review by a board consisting of one or more employees and at least one member of the Commission of any determination to dismiss any scientific or professional employee; and
(6) acquire such materials, property, equipment, and facilities, estab-lish or construct such buildings and facilities, modify such building and facilities from time to time, and construct, acquire, provide, or arrange for such facilities and services for the housing, health, safety, welfare, and recreation of personnel employed by the Commission as it may deem necessary.
See. 12. (a) Any person who willfully violates, attempts to violate, or con-spires to violate, any of the provisions of this Act or any regulations or orders issued thereunder shall, upon conviction thereof, be punishable by a fine of not more than $10,000, or by imprisonment for a term of not exceeding five years, or both.
(b) 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 consti-tute a violation of any provision of this Act, 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 shall be granted without bond.
(c) In case of contumacy by, or refusal to obey a subpena served upon, any person pursuant to section 11 (b) (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; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Sec. 13. The Commission shall, on the first days of January, April, July, and October, submit reports to the President, to the Senate and to the House of Representatives. Such reports shall summarize and appraise the ac-tivities of the Commission and of each division and board thereof, and specifically shall contain financial statements; lists of licenses issued, of property acquired, of research contracts and arrangements entered into, and of the amounts of fissionable material and the persons to whom allocated; the Com-mission's program for the following quarter including lists of research con-tracts and arrangements proposed to be entered into; conclusions drawn from studies of the social, political, and economic effects of the release of atomic energy; and such recommendations for additional legislation as the Commission may deem necessary or desirable.
See. 14. As used in this Act-
(a) The term "atomic energy" shall include all forms of energy liberated in the artificial transmutation of atomic species.
(b) The term "Government agency" means any executive department, board, bureau, commission, or other agency in the executive branch of the Federal Government, or any corporation wholly owned (either directly or through one or more corporations) by the United States.
(c) The term "person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, any gov-ernment 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.
(d) The term "United States" includes all Territories and possessions of the United States.
Sec. 15. 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. Funds appropriated to the Commission shall, if obligated 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 four-year period, the unexpended balances of appropriations shall be carried to the surplus fund and covered into the Treasury.
SEPARABILITY OF PROVISIONS
Sec. 16. 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 of circumstances other than those to which it is held invalid, shall not be affected thereby.
Sec. 17. This Act may be cited as the "Atomic Energy Act of 1946. Source: Senate Special Committee on Atomic Energy, Atomic Energy Act of 1946. Hearings on S. 1717 January 22-April 4, 1946 (Washington, D.C., 1946), 1-9.