Atomic Energy Act of 1946
Encyclopedia
Nuclear technology
Nuclear technology is technology that involves the reactions of atomic nuclei. Among the notable nuclear technologies are nuclear power, nuclear medicine, and nuclear weapons...
it had jointly developed with its wartime allies (Britain and Canada). Most significantly, the Act ruled that nuclear weapon
Nuclear weapon
A nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission or a combination of fission and fusion. Both reactions release vast quantities of energy from relatively small amounts of matter. The first fission bomb test released the same amount...
development and nuclear power
Nuclear power
Nuclear power is the use of sustained nuclear fission to generate heat and electricity. Nuclear power plants provide about 6% of the world's energy and 13–14% of the world's electricity, with the U.S., France, and Japan together accounting for about 50% of nuclear generated electricity...
management would be under civilian, rather than military control, and it established the United States Atomic Energy Commission
United States Atomic Energy Commission
The United States Atomic Energy Commission was an agency of the United States government established after World War II by Congress to foster and control the peace time development of atomic science and technology. President Harry S...
for this purpose. It was sponsored by Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Brien McMahon
Brien McMahon
Brien McMahon, born James O'Brien McMahon was an American lawyer and politician who served in the United States Senate from 1945 to 1952...
, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
from Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, 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.
Through voice vote
Voice vote
A voice vote is a voting method used by deliberative assemblies in which a vote is taken on a topic or motion by responding verbally....
and by the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
265–79, the Senate passed the Act unanimously. It was signed by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Harry Truman on August 1, 1946 and it went into effect on January 1, 1947.
Factors in formulating the act
The Senate's Special Committee on Atomic Energy met about six months after the bombing of NagasakiNagasaki
is the capital and the largest city of Nagasaki Prefecture on the island of Kyushu in Japan. Nagasaki was founded by the Portuguese in the second half of the 16th century on the site of a small fishing village, formerly part of Nishisonogi District...
and Hiroshima
Hiroshima
is the capital of Hiroshima Prefecture, and the largest city in the Chūgoku region of western Honshu, the largest island of Japan. It became best known as the first city in history to be destroyed by a nuclear weapon when the United States Army Air Forces dropped an atomic bomb on it at 8:15 A.M...
, where it held its first public hearing, and later became the Atomic Energy Act of 1946.
Two commonly held beliefs at the time the bomb was dropped on Nagasaki
Nagasaki
is the capital and the largest city of Nagasaki Prefecture on the island of Kyushu in Japan. Nagasaki was founded by the Portuguese in the second half of the 16th century on the site of a small fishing village, formerly part of Nishisonogi District...
and Hiroshima
Hiroshima
is the capital of Hiroshima Prefecture, and the largest city in the Chūgoku region of western Honshu, the largest island of Japan. It became best known as the first city in history to be destroyed by a nuclear weapon when the United States Army Air Forces dropped an atomic bomb on it at 8:15 A.M...
did much to influence and shape the formation of the Act. The first was that by keeping the secret believed to be held by the United States, the country's military forces were essentially invincible. The second was that the only feasible means of application of this new technology were restricted to the military.
In The Bulletin of Atomic Scientists, Byron S. Miller discusses four factors that made the legislative process unusual. The first is the military's control of the atomic bomb. Byron states, "The military and political significance of the A-bomb and the political, social, and economic significance of its civilian counterpart, atomic energy
Atomic energy
Atomic energy is energy produced by atoms.*Nuclear energy, the energy resulting from potential differences in the nuclear force*Nuclear reaction, a process in which nuclei or nuclear particles interact, resulting in products different from the initial ones; see also nuclear fission and nuclear...
, were problems enough; but they were almost eclipsed by the engulfing emotions of fear and awe which then surrounded the subject." It was this fear and pressure of the majority that made the legislation pass this bill.
The second factor Miller addressed was the "newness of the subject." With rising public interest, the discussion carried far across public venues. Many new voices arose, which would have otherwise been unheard.
The presence and involvement of the scientists responsible for creating the bomb greatly rose in the political sphere. Normally uninvolved people were being forced into involvement due to the very nature of the scientists' creation.
The fourth factor was the "post-war attitude toward the armed forces." The American people were split: one side trusted the armed forces and the other held a mistrusting view.
Control of information and allies' reaction
"SEC. 10. (a) Policy-It shall be the policy of the Commission to control the dissemination of restricted data in such a manner as to assure the common defense and security. Consistent with such policy, the Commission shall be guided by the following principles.
(1) The term “restricted data” as used in this section means all data concerning the manufacture or utilization of atomic weapons, the production of fissionable material, or the use of fissionable material in the production of power, but shall not include any data which the Commission from time to time determines may be published without adversely affecting the common defense and security."
The new control of "restricted data" excluded the United State's allies from receiving any information or data. This displeased the British and Canadian governments, whose countries, before contributing technology and manpower to the Manhattan Project
Manhattan Project
The Manhattan Project was a research and development program, led by the United States with participation from the United Kingdom and Canada, that produced the first atomic bomb during World War II. From 1942 to 1946, the project was under the direction of Major General Leslie Groves of the US Army...
, had made agreements with the United States about the post-war sharing of nuclear technology. Those agreements were formalized in the 1943 Quebec Agreement
Quebec Agreement
The Quebec Agreement is an Anglo-Canadian-American document outlining the terms of nuclear nonproliferation between the United Kingdom and the United States, and signed by Winston Churchill and Franklin Delano Roosevelt on August 19, 1943, two years before the end of World War II, in Quebec City,...
. In the case of the United Kingdom, these were developed further in the 1944 Hyde Park Agreement, which was signed by Winston Churchill
Winston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
and Franklin Roosevelt.
The provisions of the Act were substantially modified by the Atomic Energy Act of 1954
Atomic Energy Act of 1954
The Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., is a United States federal law that is, according to the Nuclear Regulatory Commission, "the fundamental U.S...
.
Purpose of the act
Reasons for implementing this act are detailed in section 1 of the "Declaration of Policy" released by the Bulletin of the Atomic ScientistsBulletin of the Atomic Scientists
The Bulletin of the Atomic Scientists is a nontechnical online magazine that covers global security and public policy issues, especially related to the dangers posed by nuclear and other weapons of mass destruction...
: "Accordingly, it is hereby declared to be the policy of the people of the United States that, subject at all times to the paramount objective of assuring the common defense and security, the development and utilization of atomic energy shall, so far as practicable, be directed toward improving the public welfare, increasing the standard of living, strengthening free competition in private enterprise, and promoting world peace."
"Born secret"
Section 9 of the bill was titled “Dissemination of Information.” It called for release of nuclear technology information “with the utmost liberality as freely as may be consistent with the foreign and domestic policies established by the President.”
However, by August 1, 1946, when the Atomic Energy Act reached President Truman for signature, the second purpose was revised to state, “(2) A program for the control of scientific and technical information...,” and Section 9 was removed and replaced by a new Section 10, “Control of Information.” This new section contained the novel doctrine later described as “born secret
Born secret
"Born secret" and "born classified" are both terms which refer to a policy of information being classified from the moment of its inception, usually regardless of where it was being created, usually in reference to specific laws in the United States that are related to information that describes...
” or “classified at birth.” It defined a new legal term, “restricted data
Restricted Data
Restricted Data is a category of classified information in the United States. Specifically, it is defined by the Atomic Energy Act of 1954 as:The concept was initially introduced, with similar wording, in the Atomic Energy Act of 1946...
”, as “all data concerning the manufacture or utilization of atomic weapons, the production of fissionable material, or the use of fissionable material in the production of power,” unless the information has been declassified. The phrase “all data” included every suggestion, speculation, scenario, or rumor—past, present, or future, regardless of its source, or even of its accuracy—unless it was specifically declassified.
This restriction on free speech, covering an entire subject matter, is unique in American law and it is still in force.
Consequences of secrecy
Implementing the McMahon Act created a substantial rift between United States and British relations. In 1943, Winston ChurchillWinston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
had to face the decision that the British, along with Canada, would create an atomic program separate from the US. The McMahon Act fueled resentment from British scientists, and Churchill.
The "wall of secrecy" set up by the Act compromised the public debate characteristic to a democracy, and confined research and development within the country and government. It is argued that, at the time, this was the furthest reaching monopoly of the US.
NATO's military command structure
The stipulations contained in the Act have 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 AtlanticSupreme Allied Commander Atlantic
The Supreme Allied Commander Atlantic was one of two supreme commanders of the North Atlantic Treaty Organisation , the other being the Supreme Allied Commander Europe . The SACLANT led Allied Command Atlantic, based at Norfolk, Virginia...
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. 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. The Act was also probably a factor in the American refusal to allow a French officer to take command of Allied Forces Southern Europe in 1997.
Analysis
Once the Atomic Energy Act of 1946 became law, the Bulletin of the Atomic ScientistsBulletin of the Atomic Scientists
The Bulletin of the Atomic Scientists is a nontechnical online magazine that covers global security and public policy issues, especially related to the dangers posed by nuclear and other weapons of mass destruction...
released an analysis revealing the propositions contained within the scope of the legislation on September 1, 1946. The propositions explain the consequences of violating this legislation and the power held by the Atomic Energy Commission
Atomic Energy Commission
Many countries have or have had an Atomic Energy Commission. These include:* Australian Atomic Energy Commission * Bangladesh Atomic Energy Commission * Commissariat à l'Énergie Atomique...
.
Among the ten propositions outlined in the analysis are the Commission's right to seize "any real property containing deposits of uranium or thorium, and with the consent of the President it may seize and take over, through condemnation proceedings, any real property containing any other material determined by the Commission to be peculiarly essential to the production of fissionable materials." And the fourth proposition stating, "It may be a crime for any American company to have a foreign affiliate, as for example in England, engage in the production of fissionable material."
One of the main clarifications provided by the analysis is the definition of "fissionable material" ("plutonium, enriched uranium, and any other material which the Commission determines to be capable of releasing substantial quantities of energy through nuclear chain reaction of the material, or any material artificially enriched by any of the foregoing; but does not include
source materials.”
This analysis and propositions were designed to allow as much freedom as possible for citizens, scientists, and commercial industries while maintaining control. The Commission owned fissionable material and wanted to make it available for developmental work and private research.
External links
- Text of the passed McMahon Act (PDF, scanned from the Congressional Record)
- Text of the submitted McMahon Bill (re-typed as HTML)