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AMEND ATOMIC ENERGY ACT OF 1946

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statements shall be made under oath and shall be kept current. No statement of any member of the Commission shall be made public except by the express approval of a majority of the Joint Committee. No statement of any employee of the Commission shall be made public except by the express approval of a majority of the Commission.

“SEC. 23. OFFICE. The principal office of the Commission shall be in or near the District of Columbia, but the Commission or any duly authorized representative may exercise any or all of its powers in any place; however, the Commission shall maintain an office for the service of process and papers within the District of Columbia. 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.

"SEC. 24. GENERAL MANAGER AND DIVISIONS.-There is hereby established within the Commission 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 Commission, shall serve at the pleasure of the Commission, shall be removable by the Commission, and shall receive compensation at a rate fixed in the Commission's discretion but not to exceed $20,000 per annum.

"SEC. 25. DIVISIONS.-There are hereby established within the Commission

"a. 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 administrative powers as the Commission may determine.

"b. an Inspection Division responsible to the General Manager and composed of such personnel as the Commission deems necessary. The Inspection Division shall be responsible for gathering information to show whether or not the contractors, licensees, and officers and employees of the Commission are complying with the civil provisions of this Act and the appropriate rules and regulations of the Commission,

"SEC. 26. 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

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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.

"SEC. 26. MILITARY LIAISON COMMITTEE. There shall be a Military Liaison Committee consisting of a Chairman, who shall be the head thereof and of a representative or representatives of the Department of the Army, Navy, and Air Force, detailed or assigned thereto, without additional compensation, in such number as the Secretary of Defense may determine. Representatives from each of the three Departments shall be designated by the respective Secretaries of the Army, Navy, and Air Force and shall have no other duties. 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 atomie energy matters which the Committee deems to relate to military applications, including the development, manufacture, use and storage of atomic weapons, the allocation of special material for military research, and the control of information relating to the manufacture or utilization of atomie 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 atomie 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.

"SEC. 27. MILITARY LIAISON COMMITTEE.-There is hereby established a Military Liaison Committee consisting of—

"a. a Chairman, who shall be the head thereof and who shall be appointed by the President with the advice and consent of the Senate and who shall receive compensation at a rate prescribed by law for an Assistant Secretary of Defense; and

"b. two or more representatives, as determined by the Secretary of Defense, from each of the Departments of the Army, Navy and Air Force, to be assigned from each Department by the Secretary thereof, and who will serve without additional compensation. One such representative from each Department shall be of general officer rank, shall be assigned for a term of three years and shall have no duties other than as a member of the Committee.

The Chairman of the Committee may designate one of the members of the Committee as Acting Chairman to act during his absence. 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

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AMEND ATOMIC ENERGY ACT OF 1946

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storage of atomic weapons, the allocation of special material for military research, and the control of information relating to the manufacture or utilization of atomic weapons; and shall keep the Committee fully and currently informed of all such matters before it. The Department of Defense shall advise and consult with the Committee on all military matters which the Committee deems to relate to the development or application of atomic energy and shall keep the Committee fully and currently informed on all such matters within the Department of Defense. The Committee shall keep the Commission fully and currently informed of all military matters of the Department of Defense which the Commission deems to relate to atomic energy. The Committee shall keep the Joint Committee fully and currently informed on all military matters of the Department of Defense which the Joint Committee deems to relate to atomic energy, including any disputes or disagreements between the Commission and the Department of Defense, which relate to atomic energy. The Committee shall have the authority to make written recommendations to the Commission from time to time on matters relating to military applications as it may deem appropriate. If the Committee at any time concludes that any action, proposed action, or failure to act on the part of the Commission is adverse to the responsibilities of the Department of Defense, the Committee may refer such conclusions to the Secretary of Defense, and if he shall concur with such conclusion he may refer the matter to the President whose decision shall be final. "SEC. 28. APPOINTMENT OF ARMY, NAVY, OR AIR FORCE OFFICERS.Notwithstanding the provisions of section 1222 of the Revised Statutes (U. S. C., 1940 edition, title 10, see. 576), section 212 of the Aet 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, see. 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, see. 62), 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) (1) (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 25. 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 (e) of this section 26, 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 for the Chairman of the Military Liaison Committee in subsection (e) of this section 26.

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41662-54

"SEC. 31. 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 special material and radioactive materials for medical, biological, health, or military purposes;

"(4) utilization of special material 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

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activities.

The Commission may make such arrangements without regard to the provisions of section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5) upon certification by the Commission that such action is 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.

"SEC. 32. RESEARCH BY THE COMMISSION.-The Commission is authorized and directed to conduct, through its own facilities, activities and studies of the types specified in section 31.

"SEC. 33. RESEARCH FOR OTHERS.-The Commission is further authorized to conduct for others, through its own facilities, such of those activities and studies of the types specified in section 31 as it deems appropriate to the development of atomic energy. The Commission is authorized to determine and charge fair prices for the conduct of such activities and studies.

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"CHAPTER 5. PRODUCTION OF SPECIAL MATERIAL

"SEC. 41. PROHIBITION.-It shall be unlawful for any person to own any facilities for the production of special material production facilities or for any person to produce special material, except to the extent authorized by section 42. "SEC. 42. ŎWNERSHIP AND OPERATION OF PRODUCTION FACILITIES.

"a. 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 special material production facilities other than facilities which (A) are useful in the conduct of research and development activities in the fields specified in section 31, 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 special material to produce an atomic bomb or any other atomic weapon; or (B) are licensed by the Commission under this Act.

"b. OPERATION OF THE COMMISSION'S PRODUCTION FACILITIES. The Commission is authorized and directed to produce or to provide for the production of special material in its own production facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce special material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special material in facilities owned by the Commission to the extent that the production of such special 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 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 37,09 of the Revised Statutes (U. S. C., title 41, sec. 5) upon certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing that advertising is not reasonably practicable, and partial and advance payments may be made under such contracts. The President shall determine at least once each year the quantities of special material to be produced under this paragraph.

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