42 U. S. C. 2203. Research assistance. and allowances, including special and incentive pays, or between his retired pay, and the compensation prescribed for the Chairman of the Military Liaison Committee. "SEC. 29. ADVISORY COMMITTEE ON REACTOR SAFEGUARDS.-There is hereby established an Advisory Committee on Reactor Safeguards consisting of a maximum of fifteen members appointed by the Commission for terms of four years each. The Committee shall review safety studies and facility license applications referred to it and shall make reports thereon, shall advise the Commission with regard to the hazards of proposed or existing reactor facilities and the adequacy of proposed reactor safety standards, and shall perform 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 compensation for each day spent in meetings or conferences, or other work of the Committee, and all members shall receive their necessary traveling or other expenses while engaged in the work of the Committee. The provisions of section 163 shall be applicable to the Committee.17 "CHAPTER 4. RESEARCH "SEC. 31. 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 18 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— (6 (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 uses, the generation of usable energy, and the demonstration of the practical value of utilization or production facilities for industrial or commercial purposes; and 17 Public Law 85-256 (71 Stat. 576) added sec. 29. 18 Public Law 84–1006 (70 Stat. 1069), sec. 2, added the words "and training." "(5) the protection of health and the promotion of safety during research and production activities. "b. The Commission is further authorized 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. 19 "c. The Commission may (1) make arrangements pursuant to this section, without regard to the provisions of section 3709 of the Revised Statutes, as amended, 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. 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. Grants for con struction of reactors, etc. 41 U. S. C. 5. Research by the "SEC. 32. RESEARCH BY THE COMMISSION.-The Commission is authorized and directed to conduct, through Commission. its own facilities, activities and studies of the types specified in section 31. Research for "SEC. 33. RESEARCH FOR OTHERS.-Where the Commission finds private facilities or laboratories are inadequate others. to the purpose, it is authorized to conduct for other persons, through its own facilities, such of those activities and studies of the types specified in section 31 as it deems appropriate to the development of atomic energy. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of such activities and studies. "CHAPTER 5. PRODUCTION OF SPECIAL NUCLEAR MATERIAL "SEC. 41. OWNERSHIP AND OPERATION OF PRODUCTION FACILITIES. "a. OWNERSHIP OF PRODUCTION FACILITIES.-The Commission, as agent of and on behalf of the United States, shall be the exclusive owner of all produc 19 Public Law 84-1006 (70 Stat. 1069), sec. 3, added subsec. 31b and redesignated former subsecs. 31b and c as subsecs. 31c and d, respectively. Ownership and operation of production facilities. Operation 41 U. &. C. & tion facilities other than facilities which (1) are useful in the conduct of research and development activities in the fields specified in section 31, 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; or (2) are licensed by the Commission pursuant to section 103 or 104. "b. OPERATION OF THE COMMISSION'S PRODUCTION FACILITIES.-The Commission is authorized and directed to produce or to provide for the production of special nuclear material in its own production facilities. To the extent deemed necessary, the Commission is authorized to make, or to continue in effect, contracts with persons obligating them to produce special nuclear material in facilities owned by the Commission. The Commission is also authorized to enter into research and development contracts authorizing the contractor to produce special nuclear material 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) prohibiting 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 inspection by employees of the Commission of all such activities, and (C) to comply with all safety and security regulations which may be prescribed by the Commission. Any contract made under the provisions of this paragraph may be made without regard to the provisions of section 3709 of the Revised Statutes, as amended, upon certification of 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. Partial and advance payments may be made under such contracts. The President shall determine in writing at least once each year the quantities of special nuclear material to be produced under this section and shall specify in such determination the quantities of special nuclear material to be available for distribution by the Commission pursuant to section 53 or 54. Operation of other facilities. "c. OPERATION OF OTHER PRODUCTION FACILITIES. Special nuclear material may be produced in the production facilities which under this section are not required to be owned by the Commission. "SEC. 42. IRRADIATION OF MATERIALS.-The Commis- Irradiation of sion and persons lawfully producing or utilizing special nuclear material are authorized to expose materials of any kind to the radiation incident to the processes of producing or utilizing special nuclear material. materials. Acquisition of production "SEC. 43. ACQUISITION OF PRODUCTION FACILITIES. The Commission is authorized to purchase any interest facilities. in facilities for the production of special nuclear materials, or in real property on which such facilities are located, without regard to the provisions of section 3709 41 U. S. C. 5. of the Revised Statutes, as amended, 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. Partial and advance payments may be made under contracts for such purposes. The Commission is further authorized to requisition, condemn, or otherwise acquire any interest in such production facilities, or to condemn or otherwise acquire such real property, and just compensation shall be made therefor. "SEC. 44. DISPOSITION OF ENERGY.-If is energy produced at production facilities of the Commission or is produced in experimental utilization facilities of the Commission, such energy may be used by the Commission, or transferred to other Government agencies, or sold to publicly, cooperatively, or privately owned utilities or users at reasonable and nondiscriminatory prices. If the energy produced is electric energy, the price shall be subject to regulation by the appropriate agency having jurisdiction. In contracting for the disposal of such energy, the Commission shall give preference and priority to public bodies and cooperatives or to privately owned utilities providing electric utility services to high cost areas not being served by public bodies or cooperatives. Nothing in this Act shall be construed to authorize the Commission to engage in the sale or distribution of energy for commercial use except such energy as may be produced by the Commission incident to the operation of research and development facilities of the Commission, or of production facilities of the Commission. "CHAPTER 6. SPECIAL NUCLEAR MATERIAL Disposition of energy. materials. "SEC. 51. SPECIAL NUCLEAR MATERIAL.-The Commis- Special nuclear sion may determine from time to time that other material is special nuclear material in addition to that specified in the definition as special nuclear material. Before making any such determination, the Commission Government ownership of all special nuclear material. Domestic distribution of special nuclear material. Licenses. must find that such material is capable of releasing substantial quantities of atomic energy and must find that the determination that such material is special nuclear material is in the interest of the common defense and security, and the President must have expressly assented in writing to the determination. The Commission's determination, together with the assent of the President, shall be submitted to the Joint Committee and a period of thirty days shall elapse while Congress is in session (in computing such thirty days, there shall be excluded the days on which either House is not in session because of an adjournment for more than three days) before the determination of the Commission may become effective: Provided, however, That the Joint Committee, after having received such determination, may by resolution in writing, waive the conditions of or all or any portion of such thirty-day period. "SEC. 52. GOVERNMENT OWNERSHIP OF ALL SPECIAL NUCLEAR MATERIAL.-All rights, title, and interest in or to any special nuclear material within or under the jurisdiction of the United States, now or hereafter produced, shall be the property of the United States and shall be administered and controlled by the Commission as agent of and on behalf of the United States by virtue of this Act. Any person owning any interest in any special nuclear material at the time when such material is hereafter determined to be a special nuclear material shall be paid just compensation therefor. Any person who lawfully produces any special nuclear material, except pursuant to a contract with the Commission under the provisions of section 31 or 41, shall be paid a fair price, determined pursuant to section 56, for producing such material. "SEC. 53. DOMESTIC DISTRIBUTION OF SPECIAL NUCLEAR MATERIAL. "a. The Commission is authorized to issue licenses for the possession of, to make available for the period of the license, and to distribute special nuclear material within the United States to qualified applicants requesting such material "(1) for the conduct of research and development activities of the types specified in section 31; "(2) for use in the conduct of research and development activities or in medical therapy under a license issued pursuant to section 104; "(3) for use under a license issued pursuant to section 103; "(4) for such other uses as the Commission determines to be appropriate to carry out the purposes of this Act.20 "b. The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for 20 Public Law 85–681 (72 Stat. 632), sec. 1, added clause (4). |