42 U.S.C. § 2206 — Comptroller General audit

Page 5495 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2208 behalf of any contractor performing such con- tract for profit. (Aug. 1, 1946, ch. 724, title I, § 165, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 951; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Atomic Energy Act of 1946, as amended, referred to in subsec. (b), is act Aug. 1, 1946, ch. 724, 60 Stat. 755, which was classified generally to chapter 14 (§ 1801 et seq.) of this title prior to the general amendment by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. The act of Aug. 1, 1946, ch. 724, is now known as the Atomic En- ergy Act of 1954, and is classified principally to this chapter. § 2205a. Repealed. Pub. L. 97–375, title I, § 115, Dec. 21, 1982, 96 Stat. 1821 Section, Pub. L. 95–601, § 11, Nov. 6, 1978, 92 Stat. 2953, directed Commission to report to Congress on Jan. 1, 1979, and annually thereafter on use of contractors, consultants, and National Laboratories by Commission, and that such report include, for each contract issued, in progress or completed during fiscal year 1978, infor- mation on bidding procedure, nature of work, amount and duration of contract, progress of work, relation to previous contracts, and relation between amount of contract and amount actually spent. § 2206. Comptroller General audit No moneys appropriated for the purposes of this chapter shall be available for payments under any contract with the Commission, nego- tiated without advertising, except contracts with any foreign government or any agency thereof and contracts with foreign producers, unless such contract includes a clause to the ef- fect that the Comptroller General of the United States or any of his duly authorized representa- tives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, docu- ments, papers, and records of the contractor or any of his subcontractors engaged in the per- formance of, and involving transactions related to such contracts or subcontracts: Provided, however, That no moneys so appropriated shall be available for payment under such contract which includes any provision precluding an audit by the Government Accountability Office of any transaction under such contract: And pro- vided further, That nothing in this section shall preclude the earlier disposal of contractor and subcontractor records in accordance with records disposal schedules agreed upon between the Commission and the Government Account- ability Office. (Aug. 1, 1946, ch. 724, title I, § 166, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 951; amended Pub. L. 85–681, § 8, Aug. 19, 1958, 72 Stat. 634; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in two places. 1958—Pub. L. 85–681 inserted proviso relating to records disposal. § 2207. Claim settlements; reports to Congress The Commission, acting on behalf of the United States, is authorized to consider, ascer- tain, adjust, determine, settle, and pay, any claim for money damage of $5,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property resulting from any detonation, explosion, or ra- diation produced in the conduct of any program undertaken by the Commission involving the detonation of an explosive device, where such claim is presented to the Commission in writing within one year after the accident or incident out of which the claim arises: Provided, however, That the damage to or loss of property, or bodily injury or death, shall not have been caused in whole or in part by any negligence or wrongful act on the part of the claimant, his agents, or employees. Any such settlement under the au- thority of this section shall be final and conclu- sive for all purposes, notwithstanding any other provision of law to the contrary. If the Commis- sion considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, the Commission may report the facts and circumstances thereof to the Congress for its consideration. (Aug. 1, 1946, ch. 724, title I, § 167, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 952; amended Pub. L. 87–206, § 14, Sept. 6, 1961, 75 Stat. 478; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes AMENDMENTS 1961—Pub. L. 87–206 substituted ‘‘any program under- taken by the Commission involving the detonation of an explosive device’’ for ‘‘the Commission’s program for testing atomic weapons’’ and authorized the Com- mission to report meritorious claims in excess of $5,000 to the Congress. § 2208. Payments in lieu of taxes In order to render financial assistance to those States and localities in which the activities of the Commission are carried on, and in which the Commission has acquired property previously subject to State and local taxation, the Commis- sion is authorized to make payments to State and local governments in lieu of property taxes. Such payments may be in the amounts, at the times, and upon the terms the Commission deems appropriate, but the Commission shall be