42 U.S.C. § 2051 — Research and development assistance

Page 5396 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2039 Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426, title V, Aug. 14, 1964, 78 Stat. 435. § 2039. Advisory Committee on Reactor Safe- guards; composition; tenure; duties; com- pensation There is established an Advisory Committee on Reactor Safeguards consisting of a maximum of fifteen members appointed by the Commis- sion for terms of four years each. The Com- mittee shall review safety studies and facility li- cense applications referred to it and shall make reports thereon, shall advise the Commission with regard to the hazards of proposed or exist- ing reactor facilities and the adequacy of pro- posed reactor safety standards, and shall per- form such other duties as the Commission may request. One member shall be designated by the Committee as its Chairman. The members of the Committee shall receive a per diem compensa- tion for each day spent in meetings or con- ferences, or other work of the Committee, and all members shall receive their necessary trav- eling or other expenses while engaged in the work of the Committee. The provisions of sec- tion 2203 of this title shall be applicable to the Committee. (Aug. 1, 1946, ch. 724, title I, § 29, as added Pub. L. 85–256, § 5, Sept. 2, 1957, 71 Stat. 579; amended Pub. L. 95–209, § 5, Dec. 13, 1977, 91 Stat. 1483; re- numbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105–362, title XII, § 1201(a), Nov. 10, 1998, 112 Stat. 3292.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–362 struck out at end ‘‘In addition to its other duties under this section, the committee, making use of all available sources, shall undertake a study of reactor safety research and prepare and sub- mit annually to the Congress a report containing the results of such study. The first such report shall be sub- mitted to the Congress not later than December 31, 1977.’’ 1977—Pub. L. 95–209 inserted provisions which called for a study of reactor safety research and an annual re- port on results of study. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organiza- tion and Employees. § 2040. Fellowship program of Advisory Com- mittee on Reactor Safeguards; selection of fellowships To assist the Advisory Committee on Reactor Safeguards in carrying out its function, the committee shall establish a fellowship program under which persons having appropriate engi- neering or scientific expertise are assigned par- ticular tasks relating to the functions of the committee. Such fellowship shall be for 2-year periods and the recipients of such fellowships shall be selected pursuant to such criteria as may be established by the committee. (Pub. L. 95–209, § 6, Dec. 13, 1977, 91 Stat. 1483.) Editorial Notes CODIFICATION Section was not enacted as part of the Atomic En- ergy Act of 1954. SUBCHAPTER III—RESEARCH § 2051. Research and development assistance (a) Contracts and loans for research activities The Commission is directed to exercise its powers in such manner as to insure the contin- ued conduct of research and development and training activities in the fields specified below, by private or public institutions or persons, and to assist in the acquisition of an ever-expanding fund of theoretical and practical knowledge in such fields. To this end the Commission is au- thorized and directed to make arrangements (in- cluding contracts, agreements, and loans) for the conduct of research and development activi- ties relating to— (1) nuclear processes; (2) the theory and production of atomic en- ergy, including processes, materials, and de- vices related to such production; (3) utilization of special nuclear material and radioactive material for medical, biologi- cal, agricultural, health, or military purposes; (4) utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or produc- tion of atomic energy or such material for all other purposes, including industrial or com- mercial uses, the generation of usable energy, and the demonstration of advances in the com- mercial or industrial application of atomic en- ergy; (5) the protection of health and the pro- motion of safety during research and produc- tion activities; and (6) the preservation and enhancement of a viable environment by developing more effi- cient methods to meet the Nation’s energy needs. (b) Grants and contributions The Commission is authorized— (1) to make grants and contributions to the cost of construction and operation of reactors and other facilities and other equipment to colleges, universities, hospitals, and eleemosy- nary or charitable institutions for the conduct of educational and training activities relating to the fields in subsection (a); and (2) to provide grants, loans, cooperative agreements, contracts, and equipment to in- stitutions of higher education (as defined in section 1002 of title 20) to support courses, studies, training, curricula, and disciplines pertaining to nuclear safety, security, or envi- ronmental protection, or any other field that 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