42 U.S.C. § 2053 — Research for others; charges

Page 5397 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2053 the Commission determines to be critical to the regulatory mission of the Commission. (c) Purchase of supplies without advertising The Commission may (1) make arrangements pursuant to this section, without regard to the provisions of section 6101 of title 41, upon certifi- cation by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commis- sion that advertising is not reasonably prac- ticable; (2) make partial and advance payments under such arrangements; and (3) make avail- able for use in connection therewith such of its equipment and facilities as it may deem desir- able. (d) Prevention of dissemination of information prohibited; other conditions of agreements The arrangements made pursuant to this sec- tion shall contain such provisions (1) to protect health, (2) to minimize danger to life or prop- erty, and (3) to require the reporting and to per- mit the inspection of work performed there- under, as the Commission may determine. No such arrangement shall contain any provisions or conditions which prevent the dissemination of scientific or technical information, except to the extent such dissemination is prohibited by law. (Aug. 1, 1946, ch. 724, title I, § 31, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 927; amended Aug. 6, 1956, ch. 1015, §§ 2, 3, 70 Stat. 1069; Pub. L. 91–560, § 1, Dec. 19, 1970, 84 Stat. 1472; Pub. L. 92–84, title II, § 201(a), Aug. 11, 1971, 85 Stat. 307; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 109–58, title VI, § 651(c)(1), Aug. 8, 2005, 119 Stat. 801.) Editorial Notes CODIFICATION In subsec. (c)(1), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes, as amended’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. PRIOR PROVISIONS Provisions similar to this section were contained in section 1803(a) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 2005—Subsec. (b). Pub. L. 109–58 inserted heading, in- serted par. (1) designation before ‘‘to make grants’’, in introductory provisions substituted ‘‘authorized—’’ for ‘‘further authorized’’, and added par. (2). 1971—Subsec. (a)(6). Pub. L. 92–84 added par. (6). 1970—Subsec. (a)(4). Pub. L. 91–560 inserted commer- cial uses as an additional purpose and substituted ‘‘demonstration of advances in the commercial or in- dustrial application of atomic energy’’ for ‘‘demonstra- tion of the practical value of utilization or production facilities for industrial or commercial purposes’’. 1956—Subsec. (a). Act Aug. 6, 1956, § 2, inserted ‘‘and training’’ after ‘‘development’’ in first sentence. Subsecs. (b) to (d). Act Aug. 6, 1956, § 3, added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Statutory Notes and Related Subsidiaries THREE MILE ISLAND NUCLEAR STATION, PA.; FEASI- BILITY OF EPIDEMIOLOGICAL RESEARCH ON HEALTH EFFECTS OF LOW-LEVEL RADIATION; REPORT TO CON- GRESS Pub. L. 96–295, title III, § 308(a), June 30, 1980, 94 Stat. 792, provided that in the conduct of the study required by Pub. L. 95–601, § 5(d), Nov. 6, 1978, 92 Stat. 2949, on op- tions for Federal epidemiological research on the health effects of low-level ionizing radiation, set out below, the Nuclear Regulatory Commission and the En- vironmental Protection Agency, in consultation with the Secretary of Health and Human Services, evaluate the feasibility of epidemiological research on the health effects of low-level ionizing radiation exposure to licensee, contractor, and subcontractor employees as a result of the accident of March 28, 1979, at unit two of the Three Mile Island Nuclear Station in Pennsyl- vania, the efforts to stabilize such facility or reduce or prevent radioactive unplanned offsite releases in excess of allowable limits for normal operation established by the Commission, or efforts to decontaminate, decom- mission, or repair such facility, with the report re- quired by such section 5(d) of Pub. L. 95–601 to include the results of this evaluation. STUDY ON HEALTH EFFECTS OF LOW-LEVEL RADIATION; REPORT TO CONGRESS Pub. L. 95–601, § 5, Nov. 6, 1978, 92 Stat. 2949, as amend- ed by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96–295, title III, § 308(b), June 30, 1980, 94 Stat. 792, provided that the Nuclear Regulatory Com- mission and the Environmental Protection Agency, in consultation with the Secretary of Health and Human Services, conduct preliminary planning and design studies for epidemiological research on the health ef- fects of low-level ionizing radiation, within thirty days after Nov. 6, 1978, the Commission and the Environ- mental Protection Agency submit to the Congress a memorandum of understanding to delineate their re- sponsibilities in the conduct of the planning studies, on or before Apr. 1, 1979, the Commission and the Environ- mental Protection Agency submit a report to the Con- gress containing an assessment of the capabilities and research needs of such agencies in the area of health ef- fects of low-level ionizing radiation, and on or before Sept. 30, 1980, the Commission and the Environmental Protection Agency, in consultation with the Secretary of Health and Human Services, submit a report to the Congress which includes a study of options for Federal epidemiological research on the health effects of low- level ionizing radiation with evaluations of the feasi- bility of such options. § 2052. Research by Commission The Commission is authorized and directed to conduct, through its own facilities, activities and studies of the types specified in section 2051 of this title. (Aug. 1, 1946, ch. 724, title I, § 32, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 928; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1803(b) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2053. Research for others; charges In this section, with respect to international research projects, the term ‘‘private facilities or Page 5398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2061 laboratories’’ means facilities or laboratories lo- cated in the United States. Where the Commis- sion finds private facilities or laboratories are inadequate for the purpose, it is authorized to conduct for other persons, through its own fa- cilities, such of those activities and studies of the types specified in section 2051 of this title as it deems appropriate to the development of en- ergy. To the extent the Commission determines that private facilities or laboratories are inad- equate for the purpose, and that the Commis- sion’s facilities, or scientific or technical re- sources have the potential of lending significant assistance to other persons in the fields of pro- tection of public health and safety, the Commis- sion may also assist other persons in these fields by conducting for such persons, through the Commission’s own facilities, research and devel- opment or training activities and studies. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of the activities and studies referred to in this section. (Aug. 1, 1946, ch. 724, title I, § 33, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 928; amended Pub. L. 90–190, § 7, Dec. 14, 1967, 81 Stat. 577; Pub. L. 92–84, title II, § 201(b), Aug. 11, 1971, 85 Stat. 307; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 115–246, title III, § 307(g), formerly § 307(f), Sept. 28, 2018, 132 Stat. 3149, renumbered § 307(g), Pub. L. 116–260, div. Z, title II, § 2008(a)(1), Dec. 27, 2020, 134 Stat. 2474.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–246 inserted ‘‘In this section, with respect to international research projects, the term ‘private facilities or laboratories’ means facilities or laboratories located in the United States.’’ before ‘‘Where the Commission’’. 1971—Pub. L. 92–84 substituted provisions authorizing the Commission to conduct research for other persons for the development of energy, for provisions author- izing the Commission to conduct research for other per- sons for the development of atomic energy. 1967—Pub. L. 90–190 inserted provision which author- ized the Commission, to the extent the Commission made certain determinations, to assist other persons on the fields of protection of public health and safety by conducting for such persons, through the facilities of the Commission, research and development or training activities and studies, and substituted ‘‘the activities and studies referred to in this section’’ for ‘‘such activi- ties and studies’’. SUBCHAPTER IV—PRODUCTION OF SPECIAL NUCLEAR MATERIAL § 2061. Production facilities (a) Ownership The Commission, as agent of and on behalf of the United States, shall be the exclusive owner of all production facilities other than facilities which (1) are useful in the conduct of research and development activities in the fields speci- fied in section 2051 of this title, and do not, in the opinion of the Commission, have a potential production rate adequate to enable the user of such facilities to produce within a reasonable period of time a sufficient quantity of special nuclear material to produce an atomic weapon; (2) are licensed by the Commission under this di- vision; or (3) are owned by the United States En- richment Corporation. (b) Operation of Commission’s facilities The Commission is authorized and directed to produce or to provide for the production of spe- cial nuclear material in its own production fa- cilities. To the extent deemed necessary, the Commission is authorized to make, or to con- tinue in effect, contracts with persons obli- gating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into re- search and development contracts authorizing the contractor to produce special nuclear mate- rial in facilities owned by the Commission to the extent that the production of such special nuclear material may be incident to the conduct of research and development activities under such contracts. Any contract entered into under this section shall contain provisions (1) prohib- iting the contractor from subcontracting any part of the work he is obligated to perform under the contract, except as authorized by the Commission; and (2) obligating the contractor (A) to make such reports pertaining to activities under the contract to the Commission as the Commission may require, (B) to submit to in- spection by employees of the Commission of all such activities, and (C) to comply with all safety and security regulations which may be pre- scribed by the Commission. Any contract made under the provisions of this subsection may be made without regard to the provisions of section 6101 of title 41, upon certification by the Com- mission that such action is necessary in the in- terest of the common defense and security, or upon a showing by the Commission that adver- tising is not reasonably practicable. Partial and advance payments may be made under such con- tracts. (c) Operation of other facilities Special nuclear material may be produced in the facilities which under this section are not required to be owned by the Commission. (Aug. 1, 1946, ch. 724, title I, § 41, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 928; amended Pub. L. 90–190, § 8, Dec. 14, 1967, 81 Stat. 577; Pub. L. 101–575, § 5(c), Nov. 15, 1990, 104 Stat. 2835; renum- bered title I and amended Pub. L. 102–486, title IX, § 902(a)(2), (8), Oct. 24, 1992, 106 Stat. 2943, 2944.) Editorial Notes CODIFICATION In subsec. (b), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes, as amended’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 4 of act Aug. 1, 1946, ch. 724, 60 Stat. 759, which was classified to section 1804 of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.