U.S. Code » Title 42 » Chapter CHAPTER 23— DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Division Division A— Atomic Energy › Subchapter SUBCHAPTER III— RESEARCH

42 U.S.C. § 2051

Research and development assistance

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(a) Contracts and loans for research activitiesThe Commission is directed to exercise its powers in such manner as to insure the continued 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 authorized and directed to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities relating to—(1) nuclear processes;(2) the theory and production of atomic energy, including processes, materials, and devices related to such production;(3) utilization of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes;(4) utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial or commercial uses, the generation of usable energy, and the demonstration of advances in the commercial or industrial application of atomic energy;(5) the protection of health and the promotion of safety during research and production activities; and(6) the preservation and enhancement of a viable environment by developing more efficient methods to meet the Nation’s energy needs.(b) Grants and contributionsThe 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 eleemosynary 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 institutions 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 environmental protection, or any other field that 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 certification by the Commission that such action is necessary in the interest of the common defense and security, or upon a showing by the Commission that advertising is not reasonably practicable; (2) make partial and advance payments under such arrangements; and (3) make available for use in connection therewith such of its equipment and facilities as it may deem desirable.

(d) Prevention of dissemination of information prohibited; other conditions of agreements

The arrangements made pursuant to this section shall contain such provisions (1) to protect health, (2) to minimize danger to life or property, and (3) to require the reporting and to permit the inspection of work performed thereunder, 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 NotesCodification

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 Contracts.

Prior Provisions

Provisions similar to this section were contained in section 1803(a) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954.

Amendments

2005—Subsec. (b). Pub. L. 109–58 inserted heading, inserted 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 commercial uses as an additional purpose and substituted “demonstration of advances in the commercial or industrial application of atomic energy” for “demonstration 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 SubsidiariesThree Mile Island Nuclear Station, Pa.; Feasibility of Epidemiological Research on Health Effects of Low-Level Radiation; Report to Congress

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 options for Federal epidemiological research on the health effects of low-level ionizing radiation, set out below, the Nuclear Regulatory Commission and the Environmental 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 Pennsylvania, 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, decommission, or repair such facility, with the report required 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 amended 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 Commission 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 effects of low-level ionizing radiation, within thirty days after Nov. 6, 1978, the Commission and the Environmental Protection Agency submit to the Congress a memorandum of understanding to delineate their responsibilities in the conduct of the planning studies, on or before Apr. 1, 1979, the Commission and the Environmental Protection Agency submit a report to the Congress containing an assessment of the capabilities and research needs of such agencies in the area of health effects 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 feasibility of such options.

Notes of Decisions
Cited in 24 cases, 1960–2001 · leading case: Saul E. Bramer v. United States, 595 F.2d 1141 (9th Cir. 1979).
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Saul E. Bramer v. United States, 595 F.2d 1141 (9th Cir. 1979). · cites it 5× “1 As authorized under its statutory mandate to insure the continued conduct of research, development and training in various nuclear energy fields, 42 U.S.C. § 2051 (a), 2 the AEC contracted with the University of California (University) for the management and operation of LASL.”
Vera Zabala Clemente v. United States, 567 F.2d 1140 (1st Cir. 1978). · cites it 2× “§ 701 (b) made no specific reference to safety, other cases in accord with the holding of Kirk concern Atomic Energy Commission contracts and research under 42 U.S.C. § 2051 , see Blaber v. United States, 332 F.”
Maltais v. United States, 546 F. Supp. 96 (N.D.N.Y. 1982). · cites it 4× “It is the Government’s position that, in the con *99 tract awarding GE the operation of KAPL, ERDA delegated to GE the responsibility to take reasonable safety precautions in the performance of the work under the contract.”
Allen v. United States, 588 F. Supp. 247 (D. Utah 1984). · cites it 2× “927 codified at 42 U.S.C. § 2051 (d) (1976 ed.). 94 On prior occasions the federal courts have held that the decision to conduct a nuclear testing program, including the decision to detonate a particular device at a particular location, is largely a matter of agency discretion…”
Crowther v. Seaborg, 312 F. Supp. 1205 (D. Colo. 1970). · cites it 4× “§ 2013 Purpose of chapter It is the purpose of this chapter to effectuate the policies set forth above by providing for— (d) a program to encourage widespread participation in the development and utilization of atomic energy for peaceful purposes to the maximum extent consistent…”
United States v. Boyd, 378 U.S. 39 (1964). · cites it 2× “919 , 927-928, 42 U. S. C. §§ 2051 (a), 2052. In order to utilize the skill, technical know-how, knowledge and experience of American industry, the Government has, since the inception of the atomic energy program, generally chosen private companies to conduct the various and…”
Bramer v. United States, 412 F. Supp. 569 (C.D. Cal. 1976). · cites it 4× “Congress specifically dealt with the health and safety aspects of AEC contracts in 42 U.S.C. § 2051 (a) which states in pertinent part: “(a) The Commission [AEC] is directed to exercise its powers in such manner as to insure the continued conduct of research and development and…”
Morgan v. Brush Wellman, Inc., 165 F. Supp. 2d 704 (E.D. Tenn. 2001). “42 U.S.C. §§ 2051 (d), 2061(b)(2)(B) and (C), 2201(1)(3) and 7274(m).”
Irene H. Allen v. United States, 816 F.2d 1417 (10th Cir. 1987). “§ 1421 (FAA safety duty) with 42 U.S.C. § 2051 (d) (AEC safety duty). We cannot say that what was protected by the Supreme Court in Varig is now subject to liability.”
Barnson v. United States, 816 F.2d 549 (10th Cir. 1987). · cites it 2× “Research assistance (a) The Commission is directed to exercise its powers in such manner as to insure the continued 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…”
J. D. Williams v. Fenix & Scisson, Inc., 608 F.2d 1205 (9th Cir. 1979). “The contract between the AEC and the University contained the same safety clause as the contract between the AEC and F&S.”
Good Fund, Ltd.-1972 v. Church, 540 F. Supp. 519 (D. Colo. 1982). “The court was called upon to review whether the AEG was acting in excess of statutory authority, specifically, whether the project contained provisions to protect health and minimize danger to life or property, as required by 42 U.S.C. § 2051 (d). The court upheld the AEC’s…”
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