42 U.S.C. § 2038 — Appointment of Army, Navy, or Air Force

Page 5395 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2038 Subsec. (c). Pub. L. 88–426, § 306(f)(6), struck out provi- sions which prescribed compensation of Director of In- spection Division. Subsec. (d). Pub. L. 88–426, § 306(f)(7), struck out provi- sions which prescribed compensation of executive man- agement positions. 1957—Pub. L. 85–287 substituted ‘‘Divisions, offices, and positions’’ for ‘‘Divisions and offices’’ in section catchline. Subsec. (a). Pub. L. 85–287 increased compensation of Director from $16,000 to $19,000 per annum. Subsec. (b). Pub. L. 85–287 increased compensation of General Counsel from $16,000 to $19,500 per annum. Subsec. (c). Pub. L. 85–287 increased compensation of Director from $16,000 to $19,000 per annum. Subsec. (d). Pub. L. 85–287 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT 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. TRANSFER OF FUNCTIONS Divisions of Military Application and Naval Reactors, both established under this section, transferred to De- partment of Energy by section 7158 of this title, with such organizational units to be deemed organizational units established by chapter 84 (§ 7101 et seq.) of this title. Energy Research and Development Administra- tion terminated pursuant to sections 7151(a) and 7293 of this title. Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. Divi- sions of Military Application and Naval Reactors estab- lished under this section transferred to Energy Re- search and Development Administration and functions of Atomic Energy Commission with respect thereto transferred to Administrator by section 5814(d) of this title. See also Transfer of Functions notes set out under sections 5814 and 5841 of this title. § 2036. Repealed. Pub. L. 95–91, title VII, § 709(c)(1), Aug. 4, 1977, 91 Stat. 608 Section, act Aug. 1, 1946, ch. 724, § 26, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 926, established a General Ad- visory Committee to advise the Atomic Energy Com- mission on scientific and technical matters relating to materials, production, and research and development. Provisions similar to this section were contained in section 1802(b) of this title prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2037. Repealed. Pub. L. 99–661, div. C, title I, § 3137(c), Nov. 14, 1986, 100 Stat. 4066 Section, act Aug. 1, 1946, ch. 724, § 27, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 926; amended Aug. 14, 1964, Pub. L. 88–426, title III, § 305(10)(B), 78 Stat. 423, related to Military Liaison Committee, its composition and du- ties, and authority of Defense Department to make rec- ommendations to Committee. § 2038. Appointment of Army, Navy, or Air Force officer as Assistant General Manager for Military Application; Chairman of Military Liaison Committee; compensation Notwithstanding the provisions of any other law, the officer of the Army, Navy, or Air Force serving as Assistant General Manager for Mili- tary Application shall serve without prejudice to his commissioned status as such officer. Any such officer serving as Assistant General Man- ager for Military Application shall receive in ad- dition to his pay and allowances, including spe- cial and incentive pays, for which pay and allow- ances the Commission shall reimburse his serv- ice, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation estab- lished for this position. Notwithstanding the provisions of any other law, any active or re- tired officer of the Army, Navy, or Air Force may serve as Chairman of the Military Liaison Committee without prejudice to his active or re- tired status as such officer. Any such active offi- cer serving as Chairman of the Military Liaison Committee shall receive, in addition to his pay and allowances, including special and incentive pays, an amount equal to the difference between such pay and allowances, including special and incentive pays, and the compensation fixed for such Chairman. Any such retired officer serving as Chairman of the Military Liaison Committee shall receive the compensation fixed for such Chairman and his retired pay. (Aug. 1, 1946, ch. 724, title I, § 28, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 926; amended Pub. L. 88–426, title III, § 306(f)(8), Aug. 14, 1964, 78 Stat. 430; Pub. L. 88–448, title IV, § 401(f), Aug. 19, 1964, 78 Stat. 490; Pub. L. 90–190, § 6, Dec. 14, 1967, 81 Stat. 577; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 107–107, div. A, title X, § 1048(i)(11), Dec. 28, 2001, 115 Stat. 1230.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1802(d) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 2001—Pub. L. 107–107 struck out ‘‘, subject to section 201 of the Dual Compensation Act’’ before period at end. 1967—Pub. L. 90–190 substituted ‘‘the officer of the Army, Navy, or Air Force serving’’ for ‘‘any active offi- cer of the Army, Navy, or Air Force may serve’’ and ‘‘Assistant General Manager for Military Application’’ for ‘‘Director of the Division of Military Application’’ wherever appearing, provided for reimbursement by the Commission to the service of the Assistant General Manager for the pay and allowances received by him from his service while he is serving as Assistant Gen- eral Manager, and struck out references to sections 2211 and 2213 of former title 5. 1964—Pub. L. 88–448 substituted provisions permitting a retired officer serving as Chairman of the Military Liaison Committee to receive the compensation fixed for such Chairman and his retired pay, subject to sec- tion 3102 of former title 5, for provisions which per- mitted a retired officer serving as Chairman to receive in addition to his retired pay, an amount equal to the difference between his retired pay and the compensa- tion prescribed for the Chairman. Pub. L. 88–426 substituted ‘‘and the compensation es- tablished for this position pursuant to section 2211 or 2213 of title 5’’ for ‘‘and the compensation prescribed in section 2035 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENTS Amendment by Pub. L. 88–448 effective on first day of first month which begins later than the ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88–448. 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