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(Atomic
Energy Act of 1946)
A BILL
For the development
and control of atomic energy
Be it enacted
by the Senate and House of Representatives of the United
States of America
in congress assembled,
DECLARATION
OF POLICY
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.
ATOMIC ENERGY
COMMISSION
See. 2. (a)
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.
(b) 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 nominations to the Senate, the President shall
set forth the experience and qualifications of each person so nominated.
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.
(c) 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.
RESEARCH
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 contracts, agreements, arrangements,
grants-in-aid, and loans
(1) for the
conduct of research and developmental activities relating to (a) nuclear
processes; (b) the theory and production of atomic energy, including processes
and devices related to such production; (c) utilization of fissionable
and radioactive materials for medical or health purposes; (d) utilization
of fissionable and radioactive materials for all other purposes, including
industrial uses; and (e) the protection of health during research and production
activities; and
(2) for studies
of the social, political, and economic effects of the availability and
utilization of atomic energy.
The Commission
may make partial advance payments on such contracts and arrangements. Such
contracts or other arrangements may contain provisions to protect health,
to minimize danger from explosion, and for reporting and inspection of
work performed thereunder as the Commission may deter-mine, but shall not
contain any provisions or conditions which prevent the dissemination of
scientific or technical information, except to the extent al-ready required
by the Espionage Act.
(b) Federal
Atomic Research. The Commission is authorized and directed to conduct research
and developmental activities through its own fa-cilities in the fields
specified in (a) above.
PRODUCTION OF
FISSIONABLE MATERIALS
Sec. 4. (a)
Definition. The term "production of fissionable materials" shall include
all methods of manufacturing, producing, refining, or processing fissionable
materials, including the process of separating fissionable material from
other substances in which such material may be contained, whether by thermal
diffusion, electromagnetic separation, or other processes.
(b) Authority
to Produce. The Commission shall be the exclusive pro-ducer of fissionable
materials, except production incident to research or de-velopmental activities
subject to restrictions provided in subparagraph (d) below. The quantities
of fissionable material to be produced in any quarter shall be determined
by the President.
(c) Prohibition.
It shall be unlawful for any person to produce any fissionable material
except as may be incident to the conduct of research or developmental activities.
(d) Research
and Development on Production Processes. (1) The Commission shall establish
by regulation such requirements for the reporting of research and developmental
activities on the production of fissionable materials as will assure the
Commission of full knowledge of all such activities, rates of production,
and quantities produced.
(2) The Commission
shall provide for the frequent inspection of all such activities by employees
of the Commission.
(3) No person
may in the course of such research or developmental activities possess
or operate facilities for the production of fissionable material in quantities
or at a rate sufficient to construct a bomb or other military weapon unless
all such facilities are the property of and subject to the control of the
Commission. The Commission is authorized, to the extent that it deems such
action consistent with the purposes of this Act, to enter into contracts
for the conduct of such research or developmental activities involving
the use of the Commission's facilities.
(e) Existing
Contracts. The Commission is authorized to continue in effect and modify
such contracts for the production of fissionable materials as may have
been made prior to the effective date of this Act, except that, as rapidly
as practicable, and in any event not more than one year after the effective
date of this Act, the Commission shall arrange for the exclusive operation
of facilities employed in the manufacture of fissionable materials by employees
of the Commission.
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.
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.
PATENTS
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.
ENFORCEMENT
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.
REPORTS
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.
DEFINITIONS
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.
APPROPRIATIONS
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.
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