shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States; (4) appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Commission. Such officers and employees shall be appointed in accordance with the civil-service laws and their compensation fixed in accordance with the Classification Act of 1923, as amended, except that to the extent the Commission deems such action 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 provisions for administrative review of any determination to dismiss any employee; (5) acquire such materials, property, equipment, and facilities, establish or construct such buildings and facilities, and modify such buildings and facilities from time to time as it may deem necessary and construct, acquire, provide, or arrange for such facilities and services (at project sites where such facilities and services are not available) for the housing, health, safety, welfare, and recreation of personnel employed by the Commission as it may deem necessary; (6) with the consent of the agency concerned, utilize or employ the services or personnel of any Government agency or any State or local government, or voluntary or uncompensated personnel, to perform such functions on its behalf as may appear desirable; (7) acquire, purchase, lease, and hold real and personal property as agent of and on behalf of the United States and to sell, lease, grant, and dispose of such real and personal property as provided in this Act; and (8) without regard to the provisions of the Surplus Property Act of 1944 or any other law, make such disposition as it may deem desirable of (A) radioactive materials, and (B) any other property the special disposition of which is, in the opinion of the Commission, in the interest of the national security. (9) authorize such as 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 may 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.18 (10) make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes of this Act.1 (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 con-tracts whenever he determines that such action is essential in the interest of the common defense and security. (c) ADVISORY COMMITTEES.-The members of the General Advisory Committee established pursuant to section 2(b) and the members of advisory boards established pursuant to subsection (a)(1) of this section may serve as such without regard to the provisions of sections 109 and 113 of the Criminal Code (18 U.S.C., secs, 198 and 203) or section 19 (e) of the Contract Settlement Act of 1944, except insofar as such sections may prohibit any such member from receiving compensation in respect of any particular matter which directly involves the Commission or in which the Commission is directly interested. (d) The Atomic Energy Commission is authorized in connection with the construction or operation of the Oak Ridge, Paducah, and Portsmouth installations of the Commission, without regard to section 3679 of the Revised Statutes, as amended, to enter into new contracts or modify or confirm existing contracts to provide for electric-utility services for periods not exceeding twenty-five years, and such contracts 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 16 Sees. 12 (a) (9) and (10) (42 U.S.C. 1812) were added on July 31, 1953, by PublicLaw 164, 83d Cong. (67 Stat. 240). (See S. 2399 (July 15, 1953) and S. Rept. 603 (July 15, 1953); see also H.R. 6305 (July 15, 1953).) For legislative history index to Public Law 164, 83d Cong., see index to S. 2399 in appendix C. 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." COMPENSATION FOR PRIVATE PROPERTY ACQUIRED SEC. 13. (a) The United States shall make just compensation for any property or interests therein taken or requisitioned pursuant to sections 5 and 11. The Commission shall determine such 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 to recover such further sum as added to said 50 per centum will make up such amount as will be just compensation. (b) In the exercise of the rights of eminent domain and condemnation, proceedings may be instituted under the Act of August 1, 1888 (U.S.C., title 40, sec. 257), or any other applicable Federal statute. Upon or after the filing of the condemnation petition, immediate possession may be taken and the property may be occupied, used, and improved for the purposes of this Act, notwithstanding any other law. Real 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 REVIEW AND ADMINISTRATIVE PROCEDURE SEC. 14. (a) Notwithstanding the provisions of section 12 of the Administrative Procedure Act (Public Law 404, Seventy-ninth Congress, approved June 11, 1946) which provide when such Act shall take effect, section 10 of such act (re-lating to judicial review) shall be applicable, upon the enactment of the 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. JOINT COMMITTEE ON ATOMIC ENERGY SEC. 15. (a) There is hereby established a Joint Committee on Atomic Energy to be composed of nine Members of the Senate to be 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, resolutions, and other matters in the Senate or the House of Representatives relating primarily to the Commission or to the development, use or control of atomic energy shall be referred to the joint committee. The 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. 17 Sec. 12(d) (42 U.S.C. 1812) was added on July 17, 1953, by Public Law 137, 83d Cong. (61 Stat. 181). (See H.R. 4905 (Apr. 28, 1953) and H. Rept. 676 (June 26, 1953); see also S. 2239 (June 29, 1953) and S. Rept. 477 (June 29, 1953).) For legislative history index to Public Law 137, 83d Cong., see index to H.R. 4905 in appendix C. 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, 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, as amended, for comparable duties. The committee is authorized to utilize the services, information, facilities, and personnel of the departments and estab lishments of the Government. 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 of their official duties for the committee.19 ENFORCEMENT SEC. 16. (a) Whoever willfully violates, attempts to 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 or by imprisonment for not more than five years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation shall, upon conviction thereof, be punished by death or imprisonment for life (but the penalty of death or imprisonment 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 or not more than $20,000 or by imprisonment for not more than twenty years, or both. (b) Whoever willfully violates, attempts to violate, or conspires to violate any provision of this Act other than those specified in 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 twenty years, or both. (c) Whenever in the judgment of the Commission any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act, or any regulation or order issued thereunder, it may make application to the appropriate court for an order enjoining such acts or practices, or 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. (d) In case of failure or 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. 18 Last sentence to sec. 15 (e) added by Public Law 164, 83d Cong., on July 31, 1953 (67 Stat. 240), (See S. 2399 (July 15, 1953) and S. Rept. 603 (July 18, 1953); see also H.R. 6305 (July 15, 1953).) For legislative history to Public Law 164, 83d Cong., see index to S. 2399 in appendix C. REPORTS SEC. 17. The Commission shall submit to the Congress, in January and July of each year, a report concerning 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. DEFINITIONS SEC. 18. As used in this Act (a) The term "atomic energy" shall be construed to mean all forms of energy released in the course of or as a result of nuclear fission or nuclear transformation. (b) The term "Government agency" means any executive 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. APPROPRIATIONS SEC. 19. There are hereby authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this Act. The Acts appropriating such sums may 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 four-year period, the unexpended balances of appropriations shall be carried to the surplus fund and covered into the Treasury. SEPARABILITY OF PROVISIONS SEC. 20. If any provision of this Act, or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or 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". APPENDIX C INDEX TO LEGISLATIVE HISTORY OF THE ATOMIC ENERGY ACT OF 1946 AND AMENDMENTS 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. It 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 McMahon. It was S. 1359, "a bill to conserve and restrict the use of atomic 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 energy." 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 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. NUMBERS OF BILLS AND RESOLUTIONS INTRODUCED IN THE HOUSE OF REPRESENTATIVES Bill or resolution No. H.R. 3912. H.R. 3997 H.R. 4014. H.R. 4015. H.R. 4152 H.R. 4566 H. Res. 336. H. Res. 345. H. Res. 381. H. Con. Res. 115. H. Con. Rrs. 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. Rrs. 594. H. Res. 708. H. Con. Res. 124. H. Con. Res. 146. H.J. Res. 307. Ludlow (Indiana). Congress and session 79th, 1st. 79th, 2d. |