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OCR for page 64
Appendix E
The McMahon Act
The McMahon Act (Atomic Energy Act of 1946) was focused on safeguards and
security for materials that have significance in the development of"atomic fission." The
Atomic Energy Act was significantly rewritten as the more familiar Atomic Energy Act
of 1954. This version with several major amendments of its coverage and content
comprises today's regulations from the Nuclear Regulatory Commission. Nonetheless the
very first definitions that were designed to provide safeguards and security of materials
involved in "atomic fission" survive with only slight changes in wording today.
The ~ 946 definitions were:
(b) Source Materials.
(1) Definition. The term "source materials" shall include any ore
containing 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 Tom the Commission.
(3) Issuance of Licenses. Any person desiring to transfer or receive
possession of any source material shall apply for a license therefore 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.
(c) Byproduct Materials.
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.
(1) Definition. The term "byproduct material" shall be deemed to refer
to all materials (except fissionable materials yielcled in the processes of
producing fissionable material.
(2) Distribution. The Commission is authorizes! and directed to
distribute, with or without charge, byproduct materials to all applicants
seeking such materials for research or developmental work, medical
therapy, inclustrial 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
therefore, giving preference to the use of such materials in the conduct of
research ant! clevelopmental activity ant! 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 stanciarcts to protect health as may be established by the
Commission.
See. 5. (a)(l) Definition. The term "fissionable materials" shall inclucle
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 authorized
and directed! to distribute fissionable materials to all applicants
requesting such materials for the conduct of research or clevelopmental
- 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 Tom any applicant, who is not equipped or who
Interim Report
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66
fails to observe such safety standards to protect health and to minimize
danger from explosion as may be established by the Commission."
Interim Report
Representative terms from entire chapter:
fissionable material
