64 



during the war. National control of weapons production and disclos- 

 ure of information necessary for this purpose posed controversy. In 

 addition, consideration was given to the role of U.S. domestic control 

 in relation to international negotiations and control. 



DOMESTIC CONTROL 



The congressional controversy over domestic control of atomic en- 

 ergy occurred during the early stages of formulation of U.S. policy 

 on international control and during the first months of the negotia- 

 tions in the United Nations. A prominent issue in the vigorous public 

 debate concerned the extent of the military role in U.S. atomic energy 

 programs. Proposals ranged from a military-dominated commission 

 responsible for U.S. development of atomic energy to complete ex- 

 clusion of the military. Equally difficult was the issue of the kind of 

 control to be placed on the release of information on industrial appli- 

 cations, that is, data which could apply to weapons production as well, 

 without obstructing the exchange of information within the scien- 

 tific community necessary to foster maximum development of atomic 

 energy. 



The Atomic Energy Act of 1946, approved July 26, provided for a 

 full-time civilian Atomic Energy Commission whose members were 

 to be appointed by the President with the advice and consent of the 

 Senate. It also established the Joint Committee on Atomic Energy 

 of the Congress to oversee atomic energy matters. Provision was made 

 for consultations with and recommendations from a Military Liaison 

 Committee on "'matters relating to military applications," 9 but final 

 decisions were left to the civilian Commission. As far as dissemina- 

 tion of information was concerned, the law set up a category called 

 "restricted data,"" which included primarily data associated with 

 atomic weapons and fissionable materials. The law then set down the 

 nature of the punishments to be used against those convicted of trans- 

 mitting restricted data for the purpose of injuring the United States 

 or for granting an advantage to a foreign country. Exchange of in- 

 formation with foreign countries on the use of atomic energy for in- 

 dustrial purposes was forbidden until Congress declared "by joint 

 resolution that effective and enforceable international safeguards 

 against the use of atomic energy for destructive purposes have been 

 established." 10 



One section of the law was devoted to the relationship between do- 

 mestic control and any international control arrangements which 

 might be concluded. The law defined "international arrangement" as 

 a t reaty approved by t he Senate or ( )ongress, and recognized the possi- 

 bility t hat portions of the U.S. law might be inconsistent with such an 

 arrangement. If this should be the case, according to the law, the pro- 

 visions of the international arrangement would take precedence as 

 long as the agreement was in force. Moreover, tin- Commission was to 

 "give maximum effect to the policies contained in any such interna- 

 t ional arrangement." " 



The Atomic Energy Act of 1946 may have had some effect on foreign 

 perceptions of ih<> U.S. position in the negotiations on international 



" Sec. •_'(<■). nil Stat. 757. 



"■ Sec 10(a)(1). «;<> stat. 7<;<; 



" Soc 8(C), 00 Stat. 765 



