Long title | An Act For the development and control of atomic energy |
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Enacted by | the 79th United States Congress |
Citations | |
Public law | Pub. L. 79–585 |
Statutes at Large | ch. 724, 60 Stat. 755 |
Legislative history | |
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Major amendments | |
Atomic Energy Act of 1954 |
The Atomic Energy Act of 1946 (McMahon Act) determined how the United States would control and manage the nuclear technology it had jointly developed with its World War II allies, the United Kingdom and Canada. Most significantly, the Act ruled that nuclear weapon development and nuclear power management would be under civilian, rather than military control, and established the United States Atomic Energy Commission for this purpose.
It was sponsored by Senator Brien McMahon, a Democrat from Connecticut, who chaired the United States Senate Special Committee on Atomic Energy, and whose hearings in late 1945 and early 1946 led to the fine tuning and passing of the Act. The Senate passed the Act unanimously through voice vote, and it passed the House of Representatives 265–79. Signed into law by President Harry S. Truman on August 1, 1946, it went into effect on January 1, 1947, and the Atomic Energy Commission assumed responsibility for nuclear energy from the wartime Manhattan Project.
The Act was subsequently amended to promote private development of nuclear energy under the Eisenhower administration's Atoms for Peace program in 1954. In restricting the access to nuclear information to other countries, it created a rift between the United States and its allies, particularly Britain and Canada, which had participated in the Manhattan Project. This resulted in cumbersome command and control arrangements, and in Britain developing its own nuclear weapons. The Act was amended in 1958 to allow the United States to share information with its close allies.
Nuclear weapons were developed during World War II by the wartime Manhattan Project. Key scientists working on the project anticipated that their development would have wide-ranging implications. However the project director, Major General Leslie R. Groves Jr., was reluctant to spend project funds on activities beyond those required to win the war. Nonetheless, Arthur Compton of the Metallurgical Project in Chicago commissioned a report on post-war nuclear energy, and the Military Policy Committee, the Manhattan Project's governing body, commissioned a similar study by Richard Tolman. Both reports called for a comprehensive, government-supported nuclear energy program, with military, scientific, and industrial aspects. [1]
In July 1944, Vannevar Bush, James B. Conant and Irvin Stewart produced a proposal for domestic legislation to control nuclear energy. Conant submitted this to the Secretary of War Henry L. Stimson in September 1944, [2] and then to the Interim Committee, a body created by President Harry S. Truman in May 1945 to supervise, regulate and control nuclear energy until such a time as Congress created a permanent body to do so. [3] In June 1945, the Interim Committee asked George L. Harrison, an assistant to Stimson and a member of the committee, to prepare legislation. [4]
Harrison brought in two experienced Harvard Law School-educated War Department lawyers, Brigadier General Kenneth Royall and William L. Marbury Jr., to take up the job of drafting the legislation. The legislation was based on Bush and Conant's proposal, and the organization that it proposed was based on the existing structure of the Manhattan Project. Their draft bill would have created a nine-person commission consisting of five civilian and four military members. It granted the commission broad powers to acquire property, operate facilities, conduct research, regulate all forms of nuclear energy, and administer its own security, administrative and audit regimes. [5] [6]
Royall and Marbury envisaged nuclear energy being controlled by experts, with a minimum of political interference. The commissioners would be appointed for indefinite terms, and the President's power to remove them would be limited. They would be supported by four advisory boards, for military applications, industrial uses, research and medicine, the membership of which would be restricted to those with technical qualifications. Day-to-day running of the organization would be in the hands of an administrator and his deputy. The Royall–Marbury Bill was reviewed by the Interim Committee at its July 19 meeting and revised in line with their suggestions. After the atomic bombings of Hiroshima and Nagasaki lifted the veil of secrecy surrounding the Manhattan Project, Royall and Marbury were able to consult with the Attorney General, the Judge Advocate General and the Office of Scientific Research and Development. [5] [7] The draft was sent to the President in August for circulation among, and comment from, affected government agencies. Only the State Department had objections, on the basis that it was still involved in trying to hammer out an international agreement on nuclear energy. [8]
On October 3, 1945, the bill was introduced in the House of Representatives by Congressman Andrew J. May from Kentucky, the chairman of the House Military Affairs Committee, and in the Senate by Senator Edwin C. Johnson from Colorado, the ranking member of the Senate Military Affairs Committee. The bill was known as the May-Johnson Bill for its sponsors. May immediately had the bill referred to the Military Affairs Committee, which held hearings on October 9. Bush, Conant and Groves all testified before the committee. But in the Senate Military Affairs Committee, the bill was held up by Senator Arthur H. Vandenberg. [9] [10]
There was a storm of criticism from scientists, particularly those at the Metallurgical Laboratory in Chicago. Leó Szilárd and Harold Urey were particularly notable critics. The bill created a powerful administrator and deputy administrator, and specifically stated that they might be members of the armed forces. It was feared that they would dominate the part-time commissioners. The fact that the bill emphasized that the administrator had to keep the deputy fully informed further aroused suspicion that the administrator would be an Army officer and the deputy a Navy officer. [11] The secrecy provisions also frightened many scientists; it contained severe penalties of up to ten years imprisonment and $10,000 in fines for security breaches. [9] The Chicago Sun headline accused the War Department of attempting to railroad the legislation through Congress. [12]
Legislators found themselves in an unusual and uncomfortable situation. Nuclear weapons were terrifying, and the nature of nuclear energy was not widely understood. Because it was so new, there were no policies or precedents to guide legislators, and traditional party alignments were absent. The scientists who had developed the new technology had never been vocal before, but suddenly were now. The victorious conclusion of World War II gave the armed forces enormous prestige, but there still remained the long-standing American distrust of standing armies, and the tradition of civilian control of the military. [13]
On December 20, 1945, Senator Brien McMahon introduced an alternative bill on atomic energy, drafted by the Senate Military Affairs Committee, which quickly became known as the McMahon Bill. [14] This was initially a very liberal bill regarding the control of scientific research, and was broadly supported by scientists. McMahon framed the controversy as a question of military versus civilian control of atomic energy, although the May-Johnson Bill also provided for civilian control. [15] The McMahon Bill attempted to address the controversial aspects of the May-Johnson Bill. The number of commissioners was reduced to five, and they would serve full-time. No exemption was provided for serving military officers. [16] An amendment specified that they have staggered terms of five years. [17]
While the bill was being debated, the news broke on February 16, 1946, of the defection of Igor Gouzenko in Canada, and the subsequent arrest of 22 people. The members of Congress debating the bill feared that "atomic secrets" were being systematically stolen by Soviet atomic spies. McMahon convened an executive session at which Federal Bureau of Investigation Director J. Edgar Hoover, Secretary of State James F. Byrnes and Groves were called to appear. Groves revealed that the British physicist Alan Nunn May had passed information about the Manhattan Project to Soviet agents. [18]
The more conservative elements in Congress now moved to toughen the act. Section 10, which was formerly titled "Dissemination of Information", now became "Control of Information". [19] This new section contained the novel doctrine later described as "born secret" or "classified at birth". All information concerning the design, development and manufacture of nuclear weapons was "restricted data", and regardless of how it was derived or obtained, was considered classified unless it was specifically declassified. This restriction on free speech, covering an entire subject matter, is still enforced. The "wall of secrecy" set up by the Act meant that atomic energy research and development had to be conducted under the supervision of the Atomic Energy Commission. [20]
Representative Helen Gahagan Douglas, who sponsored the McMahon Bill in the House, [21] vigorously defended the dissemination provisions of Section 10 against counterarguments. She dismissed objections that it would "give away the secret of the bomb", [22] asserting that America's advantage in nuclear weapons could only be temporary, whereas the bill could perpetuate its lead in scientific research. [22] An important addition, known as the Vandenberg Amendment, created a Military Liaison Committee to advise the commission on defense matters. [23] Section 2 of the Act also created a General Advisory Committee, and a new Joint Committee on Atomic Energy to oversee the new organization. [17]
The Senate passed the Act unanimously through voice vote on June 1, 1946. [24] Considerable political maneuvering was required before it was passed by the House 265–79 on July 20. A compromise bill was then agreed to by both houses on July 26. [25] Truman signed the compromise bill into law as the Atomic Energy Act of 1946 on August 1, 1946. When it went into effect at midnight on January 1, 1947, the newly created Atomic Energy Commission assumed responsibility for nuclear energy from the wartime Manhattan Project. [15]
An important omission from the Atomic Energy Act of 1946 was any mention of non-governmental use of nuclear energy, since military applications overshadowed all others at the time. [26] The restrictions of the act related to secrecy, the control of fissile materials, the ownership of patents and the operation of production facilities placed a number of legal roadblocks in the way of private nuclear power stations. [27]
This was at odds with the Eisenhower administration's Atoms for Peace program, and resulted in pressure on federal officials to develop a civilian nuclear power industry that could help justify the government's considerable expenditures on the nuclear weapons program. [28] In 1953, the Atomic Energy Commission presented a set of draft amendments to the Joint Committee on Atomic Energy for consideration. [29] After some debate, this resulted in the Atomic Energy Act of 1954. [30]
The Atomic Energy Act of 1954 proved insufficient in its objective of encouraging privately built and run nuclear reactors. A series of accidents with research reactors, including partial core meltdowns, made private companies cautious, and reluctant to become involved with nuclear energy without protection from liability. This led to the Price–Anderson Nuclear Industries Indemnity Act of 1957, [31] [28] which capped private liability for nuclear accidents, while providing for adequate compensations for accident victims. [32]
Implementing the McMahon Act created a substantial rift between United States and Britain. The new control of "restricted data" prevented the United States' allies from receiving any information, despite the fact that the British and Canadian governments, before contributing technology and manpower to the Manhattan Project, had made agreements with the United States about the post-war sharing of nuclear technology. Those agreements had been formalized in the 1943 Quebec Agreement. In the case of the United Kingdom, these were developed further in the 1944 Hyde Park Agreement, which was signed by Winston Churchill and Franklin Roosevelt. [33]
The Hyde Park Agreement was lost in Roosevelt's papers after his death, and until the American copy of the document was found American officials were puzzled when the British mentioned it. [33] The Quebec Agreement was an executive agreement that only applied to the Roosevelt administration, and the Senate had not seen the document. McMahon told Churchill in 1952 that "If we had seen this Agreement, there would have been no McMahon Act." [34] The McMahon Act fueled resentment from British scientists and Churchill and led to Britain developing its own nuclear weapons. [35]
Lewis Strauss, the Chairman of the Atomic Energy Commission, proposed in January 1958 that the President should be able to share nuclear information with allies that were making "substantial and material contributions to the national defense and security". In addition to its own nuclear weapons, Britain had hosted American Strategic Air Command nuclear bombers since 1948. Congress amended the Atomic Energy Act of 1954 in June 1958, and America and Britain again began sharing nuclear research under the 1958 US–UK Mutual Defence Agreement. [36] [37]
The stipulations contained in the Act caused significant controversy during debates over NATO's military command structure. Both Striking Fleet Atlantic and the United States Sixth Fleet have never been allowed to be placed anywhere but directly under American commanding officers—the Supreme Allied Commander Atlantic and Commander-in-Chief, Allied Forces Southern Europe—because the dominant legal interpretation of the McMahon Act has been that nuclear striking forces cannot be controlled by non-US commanders. This was the reason for the formation of Striking Fleet Atlantic as an independent entity, instead of being operationally subordinated to the UK Admiral serving as Commander-in-Chief, Eastern Atlantic, in October–November 1952. [38] This was also the reason why the Sixth Fleet, in its NATO guise as Naval Striking and Support Force, South, was placed under American control rather than Allied Forces Mediterranean when the European commands were agreed at the same time. [39]
A 2012 court decision concerning a state law attempting to shut down the Vermont Yankee Nuclear Power Plant affirmed that the Act gives the federal government exclusive authority over safety at nuclear power plants. [40] This allowed Vermont Yankee to continue operating until it was voluntarily shut down by the owner for economic reasons in 2014. [41]
The Manhattan Project was a program of research and development undertaken during World War II to produce the first nuclear weapons. It was led by the United States in collaboration with the United Kingdom and Canada. From 1942 to 1946, the project was under the direction of Major General Leslie Groves of the U.S. Army Corps of Engineers. Nuclear physicist J. Robert Oppenheimer was the director of the Los Alamos Laboratory that designed the bombs. The Army program was designated the Manhattan District, as its first headquarters were in Manhattan; the name gradually superseded the official codename, Development of Substitute Materials, for the entire project. The project absorbed its earlier British counterpart, Tube Alloys. The Manhattan Project employed nearly 130,000 people at its peak and cost nearly US$2 billion, over 80 percent of which was for building and operating the plants that produced the fissile material. Research and production took place at more than 30 sites across the US, the UK, and Canada.
The United States Atomic Energy Commission (AEC) was an agency of the United States government established after World War II by the U.S. Congress to foster and control the peacetime development of atomic science and technology. President Harry S. Truman signed the McMahon/Atomic Energy Act on August 1, 1946, transferring the control of atomic energy from military to civilian hands, effective on January 1, 1947. This shift gave the members of the AEC complete control of the plants, laboratories, equipment, and personnel assembled during the war to produce the atomic bomb.
The Federation of American Scientists (FAS) is an American nonprofit global policy think tank with the stated intent of using science and scientific analysis to attempt to make the world more secure. FAS was founded in 1946 by scientists, including some who worked on the Manhattan Project, to develop the first atomic bombs. The Federation of American Scientists states that it aims to reduce the amount of nuclear weapons that are in use, and prevent nuclear and radiological terrorism. It says it aims to present high standards for nuclear energy's safety and security, illuminate government secrecy practices, as well as track and eliminate the global illicit trade of conventional, nuclear, biological and chemical weapons.
Brien McMahon was an American lawyer and politician who served in the United States Senate from 1945 to 1952. McMahon was a major figure in the establishment of the Atomic Energy Commission, through his authorship of the Atomic Energy Act of 1946.
The Quebec Agreement was a secret agreement between the United Kingdom and the United States outlining the terms for the coordinated development of the science and engineering related to nuclear energy and specifically nuclear weapons. It was signed by Winston Churchill and Franklin D. Roosevelt on 19 August 1943, during World War II, at the First Quebec Conference in Quebec City, Quebec, Canada.
The Interim Committee was a secret high-level group created in May 1945 by United States Secretary of War, Henry L. Stimson at the urging of leaders of the Manhattan Project and with the approval of President Harry S. Truman to advise on matters pertaining to nuclear energy. Composed of prominent political, scientific and industrial figures, the Interim Committee had broad terms of reference which included advising the President on wartime controls and the release of information, and making recommendations on post-war controls and policies related to nuclear energy, including legislation. Its first duty was to advise on the manner in which nuclear weapons should be employed against Japan. Later, it advised on legislation for the control and regulation of nuclear energy. It was named "Interim" in anticipation of a permanent body that would later replace it after the war, where the development of nuclear technology would be placed firmly under civilian control. The Atomic Energy Commission was enacted in 1946 to serve this function.
United States of America v. Progressive, Inc., Erwin Knoll, Samuel Day, Jr., and Howard Morland, 467 F. Supp. 990, was a lawsuit brought against The Progressive magazine by the United States Department of Energy (DOE) in 1979. A temporary injunction was granted against The Progressive to prevent the publication of an article written by activist Howard Morland that purported to reveal the "secret" of the hydrogen bomb. Though the information had been compiled from publicly available sources, the DOE claimed that it fell under the "born secret" clause of the Atomic Energy Act of 1954.
The US–UK Mutual Defense Agreement, or the 1958 UK–US Mutual Defence Agreement, is a bilateral treaty between the United States and the United Kingdom on nuclear weapons co-operation. The treaty's full name is Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland for Cooperation on the uses of Atomic Energy for Mutual Defense Purposes. It allows the US and the UK to exchange nuclear materials, technology and information. The US has nuclear co-operation agreements with other countries, including France and other NATO countries, but this agreement is by far the most comprehensive. Because of the agreement's strategic value to Britain, Harold Macmillan called it "the Great Prize".
Samuel King Allison was an American physicist, most notable for his role in the Manhattan Project, for which he was awarded the Medal for Merit. A professor who studied X-rays, he was director of the Metallurgical Laboratory from 1943 until 1944, and later worked at the Los Alamos Laboratory — where he "rode herd" on the final stages of the project as part of the "Cowpuncher Committee", and read the countdown for the detonation of the Trinity nuclear test. After the war, he returned to the University of Chicago to direct the Institute for Nuclear Studies and was involved in the "scientists' movement", lobbying for civilian control of nuclear weapons.
The Manhattan Project was a research and development project that produced the first atomic bombs during World War II. It was led by the United States with the support of the United Kingdom and Canada. From 1942 to 1946, the project was under the direction of Major General Leslie Groves of the US Army Corps of Engineers. The Army component of the project was designated the Manhattan District; "Manhattan" gradually became the codename for the entire project. Along the way, the project absorbed its earlier British counterpart, Tube Alloys. The Manhattan Project began modestly in 1939, but grew to employ more than 130,000 people and cost nearly US$2 billion. Over 90% of the cost was for building factories and producing the fissionable materials, with less than 10% for development and production of the weapons.
The Report on the International Control of Atomic Energy was written by a committee chaired by Dean Acheson and David Lilienthal in 1946 and is generally known as the Acheson–Lilienthal Report or Plan. The report was an important American document that appeared just before the intensification of the early Cold War. It proposed the international control of nuclear weapons and the avoidance of future nuclear warfare. A version, the Baruch Plan, was vetoed by the Soviets at the United Nations.
The X-10 Graphite Reactor is a decommissioned nuclear reactor at Oak Ridge National Laboratory in Oak Ridge, Tennessee. Formerly known as the Clinton Pile and X-10 Pile, it was the world's second artificial nuclear reactor, and the first designed and built for continuous operation. It was built during World War II as part of the Manhattan Project.
The Joint Committee on Atomic Energy (JCAE) was a United States congressional committee that was tasked with exclusive jurisdiction over "all bills, resolutions, and other matters" related to civilian and military aspects of nuclear power from 1946 through 1977. It was established by the United States Atomic Energy Act of 1946, and was the overseer of the United States Atomic Energy Commission. It had been preceded by the Senate Special Committee on Atomic Energy, chaired by Senator Brien McMahon. For its broad powers, it is described as one of the most powerful congressional committees in U.S. history. It was the only permanent joint committee in modern times to have legislative authority.
Kenneth David Nichols CBE was an officer in the United States Army, and a civil engineer who worked on the secret Manhattan Project, which developed the atomic bomb during World War II. He served as Deputy District Engineer to James C. Marshall, and from 13 August 1943 as the District Engineer of the Manhattan Engineer District. Nichols led both the uranium production facility at the Clinton Engineer Works at Oak Ridge, Tennessee, and the plutonium production facility at Hanford Engineer Works in Washington state.
The Montreal Laboratory was a program established by the National Research Council of Canada during World War II to undertake nuclear research in collaboration with the United Kingdom, and to absorb some of the scientists and work of the Tube Alloys nuclear project in Britain. It became part of the Manhattan Project, and designed and built some of the world's first nuclear reactors.
The Armed Forces Special Weapons Project (AFSWP) was a United States military agency responsible for those aspects of nuclear weapons remaining under military control after the Manhattan Project was succeeded by the Atomic Energy Commission on 1 January 1947. These responsibilities included the maintenance, storage, surveillance, security and handling of nuclear weapons, as well as supporting nuclear testing. The AFSWP was a joint organization, staffed by the United States Army, United States Navy and United States Air Force; its chief was supported by deputies from the other two services. Major General Leslie R. Groves, the former head of the Manhattan Project, was its first chief.
Britain initiated the first research project to design an atomic bomb in 1941. Building on this work, Britain prompted the United States to recognise how important this type of research was, helped the U.S. to start the Manhattan Project in 1942, and supplied crucial expertise and materials that contributed to the project's successful completion in time to influence the end of the Second World War.
The British hydrogen bomb programme was the ultimately successful British effort to develop hydrogen bombs between 1952 and 1958. During the early part of the Second World War, Britain had a nuclear weapons project, codenamed Tube Alloys. At the Quebec Conference in August 1943, British prime minister Winston Churchill and United States president Franklin Roosevelt signed the Quebec Agreement, merging Tube Alloys into the American Manhattan Project, in which many of Britain's top scientists participated. The British government trusted that America would share nuclear technology, which it considered to be a joint discovery, but the United States Atomic Energy Act of 1946 ended technical cooperation. Fearing a resurgence of American isolationism, and the loss of Britain's great power status, the British government resumed its own development effort, which was codenamed "High Explosive Research".
High Explosive Research (HER) was the British project to develop atomic bombs independently after the Second World War. This decision was taken by a cabinet sub-committee on 8 January 1947, in response to apprehension of an American return to isolationism, fears that Britain might lose its great power status, and the actions by the United States to withdraw unilaterally from sharing of nuclear technology under the 1943 Quebec Agreement. The decision was publicly announced in the House of Commons on 12 May 1948.
In 1952, the United Kingdom was the third country to develop and test nuclear weapons, after the United States and Soviet Union. and is one of the five nuclear-weapon states under the Treaty on the Non-Proliferation of Nuclear Weapons.