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connection with research and development activities, the Commission is directed to issue a license for each such activity unless there is good reason found by the Commission why the license should not be issued. In connection with all of such licenses, the Commission is directed to Tequire only the minimum amount of regulation of the licensee that the Commission finds will permit the Commission to fulfill its obligations under this Act to promote the common defense and security and to footect the public health and safety. ‘SEc. 106. ANTITRUST Provisions.—Wothing herein contained, including the provisions of this Act which west title to all special materia? in the United States, shall relieve the operation of any law of the United States relating to unlawful restraints of trade and monopolies or to combinations, contracts, or agreements in restraint of trade. In the event that any licensee is found by a court of competent jurisdiction, either in an original action in that court, or in a proceeding to enforce or review the findings of any Government agency having jurisdiction, to have been in violation of any such law, then the Commission may establish a reasonable time within which such licensee shall have purged himself of such violation. If the Commission finds that the licensee has not purged himself at the end of any such period, then it shall revoke such licenses granted under the terms of this Act as it believes desirable. - “SEc. 107. CLASSIFICATION.—The Commission may classify the facilities licensed hereunder which may include either production or utilization facilities or both; define the various activities to be carried on at each such type of production or utilization facility; assign the amounts of special material available for use by each facility licensed herewnder; determine the prices for the use of special material used in the production and utilization facilities licensed hereunder; determine the just compensation to be paid for special material produced in any production or utilization facility; and regulate the operations of licensees to assure the adequate protection of restricted data. “SEc. 108. OPERATORs’ LICENSEs.-The Commission shall also prescribe uniform conditions for licensing individuals as operators of any of the various types of production and utilization facilities licensed in this Act, determine the qualifications of such individuals, issue licenses to such individuals in such form as the Commission may prescribe, and suspend 8wch licenses for violations of any provision of this Act or any Tule or regulation issued thereunder whenever the Commission deems such action desirable. “SEc. 109. WAR or NATIONAL EMERGENCY.—Whenever, by a concurrent resolution, the Congress declares that a state of war or national emergency ea;ists, the President is authorized to suspend any licenses granted hereunder if in his opinion such action is necessary to the common defense and security. The President is further authorized at such times, if he finds it to be necessary to the common defense and security, to recapture any special material licensed hereunder, and he is authorized to direct the entry into any plant or facility to obtain such material. Just compensation shall be paid for any damages caused by the recapture of any special material.
AMEND ATOMIC ENERGY ACT OF 1946 23
“SEc. 110. INSPECTIONS, REcoRDS, AND REPORTs.—The Commission 23— “a. authorized to require by regulation or order 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 31 and of activities under bicenses issued pursuant to Section 103 and section 105 as may be necessary to effectuate the purposes of this Act; and - - - “b. authorized and directed to require by regulation or order aregular reports and records with respect to, and to provide for frequent inspections of, the production of special material in the conduct of research and development activities. “CHAPTER 11. INTERNATIONAL ARRANGEMENTS
“SEC. 121. EFFECT OF INTERNATIONAL ARRANGEMENTs.--Any provision of this Act or any action of the Commission to the extent and during the time 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 ###Her force or effect. “SEC. 122. PolicTES CONTAINED IN INTERNATIONAL ARRANGEMENTs.In the performance of its functions under this Act, the Commission shall give maximum effect to the policies contained in any such international arrangement. “SEC. 123. Cooperation WITH OTHER NATIONs.-No cooperation with any nation or regional defense organization pursuant to section 63 (0), 57 (B), or 144 of this Act shall be undertaken until— “a. the Commission has approved the provisions of the proposed agreement for cooperation, which proposed agreement shall ânclude (1) the terms, conditions, duration, nature, and scope of the cooperation; (3) a guarantee by the cooperating party that security safeguards and standards as approved by the Commission will be maintained; (3) a guarantee by the cooperating party that any materials to be transferred pursuant to such agreement will not be used for atomic weapons, or for research on or development of atomic weapons, or for any other military purposes; and (4) the right of the United States to terminate the agreement and recall any materials furnished if in the opinion of the President the cooperating party fails at any time to comply with the terms of the agreement, or if the President finds that a continuance of the gon' would be contrary to the best interests of the United tates; “b. the President has approved and authorized the Commission to eacecute the proposed agreement for cooperation, and has made a determination in writing that the cooperating party does not threaten the security of the United States, and that the performance of the proposed agreement will promote and will not constitute an unreasonable risk to the common defense and security of the United States; and “c. the proposed agreement for cooperation, together with the approval and the determinations of the President, has been submitted to the Joint Committee and a period of thirty days has elapsed while Congress is in session (in computing such thirty days, there shall be eacluded the days on which either House is not in session because of an adjournment of more than three days): Provided, however, That the Joint Committee, after having received such proposed agreement, may by resolution in writing transmitted to the Commission, waive all or any portion of such thirty-day period.
“CHAPTER 12. PROPERTY OF THE COMMISSION
“SEC. 131. The President shall direct the transfer to the Commission of all interest, earcept title, owned by the United States or any Government agency in the following property:
“(1) All special material; all atomic weapons and parts thereof; all facilities, equipment, and materials for the processing, production, or utilization of special 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 processing, production, or utilization of special 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) All facilities, equipment, and materials, devoted primarily to atomic energy research and development; and :
“(3) Such other property owned by or in the custody or control of the Manhattan Engineer 5. or other Government agencies as the President may determine.
“SEC. 132. 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 payments to State and local governments in lieu of property taxes. Such payments may be in the amounts, at the times, and upon the terms the Commission deems appropriate, but the Commission shall be guided by the policy of not making payments in excess of the taxes which would have been payable for such property in the condition in which it was acquired, except in cases where special burdens have been cast upon the State or local government by activities of the Commission, the Manhattan Engineer District or their agents. In any such case, any benefit accruing to the State or local government by reason of such activities shall be considered in determining the amount of the payment.
“SEC. 141. 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: “a. That 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 restricted data with other nations except as hereinafter authorized by section 144; and - “b. That the dissemination of scientific and technical information relating to atomic energy should be permitted and encouraged so as to provide that free interchange of ideas and criticism which is essential to scientific progress. “SEC. 142. RESTRICTIONs.- - “a. No arrangement shall be made under section 31, no contract shall be made or continued in effect under section 42, and no license shall be issued under section 44,103, or 105, 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. - “b. Except as authorized by the Commission in case of emergency, no individual shall be employed by the Commission nor shall the Commission permit any individual, except members or principal offcers of agencies of Government and those personnel of the agencies of Government who are responsible for the enforcement of this Act, to have access to restricted data, until the Civil Service Commission shall have made an investigation and report to the Commission on the character, association, and loyalty of such individual. - - - . “c. In the event an investigation made pursuant to seetiełłs subsections a. and b. of this section 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. “d. 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 seetieńs subsections a. and b. of this section to be made by the Federal Bureau of Investigation rather thah instead of by the Civil Service Commission.