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Title 42 — The Public Health and Welfare

Chapter 23 — Development and Control of Atomic Energy

§ 2017. Authorization of appropriations

Statutory text

(a)

Congressional authorization

No appropriation shall be made to the Commission, nor shall the Commission waive charges for the use of materials under the Cooperative Power Reactor Demonstration Program, unless previously authorized by legislation enacted by the Congress.

(b)

Accounting

Any Act appropriating funds to the Commission may appropriate specified portions thereof to be accounted for upon the certification of the Commission only.

(c)

Restoration or replacement of facilities

Notwithstanding the provisions of subsection (a), funds are hereby authorized to be appropriated for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes.

(d)

Substituted construction projects

Funds authorized to be appropriated for any construction project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another construction project not otherwise authorized if the substituted construction project is within the limit of cost of the construction project for which substitution is to be made, and the Commission certifies that—

(1)

the substituted project is essential to the common defense and security;

(2)

the substituted project is required by changes in weapon characteristics or weapon logistic operations; and

(3)

the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 83–724 · 68 Stat. 998

    Enacted · 42 U.S.C. § 2017

    Aug. 1, 1946, ch. 724, title I, § 261, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960

    Source evidence

    Code source credit
    Aug. 1, 1946, ch. 724, title I, § 261, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960

  2. Pub. L. 85–79 § 1 · 71 Stat. 274

    1. Amended · 42 U.S.C. § 2017

      Pub. L. 85–79 designated first sentence as introductory clause of subsec. (a) and as (a)(1)

    2. Inserted · 42 U.S.C. § 2017

      Pub. L. 85–79 inserted proviso to (a)(1)

    3. Added · 42 U.S.C. § 2017

      Pub. L. 85–79 added (a)(2), by designating second sentence as subsec. (b)

    4. Struck · 42 U.S.C. § 2017

      Pub. L. 85–79 struck out former sentence which provided that “Funds appropriated to the Commission shall, if obligated by contract during the fiscal year for which appropriated, remain available for expenditure for four years following the expiration of the fiscal year for which appropriated.”

    Source evidence

    Code amendment note
    Pub. L. 85–79 designated first sentence as introductory clause of subsec. (a) and as (a)(1), inserted proviso to (a)(1), added (a)(2), by designating second sentence as subsec. (b), and struck out former sentence which provided that “Funds appropriated to the Commission shall, if obligated by contract during the fiscal year for which appropriated, remain available for expenditure for four years following the expiration of the fiscal year for which appropriated.”

  3. Pub. L. 87–615 § 8 · 76 Stat. 409

    Added · 42 U.S.C. § 2017(c); 42 U.S.C. § 2017(d)

    Pub. L. 87–615 added subsecs. (c) and (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 87–615 added subsecs. (c) and (d).

    Enacted provision · exact public law section
    Sec. 8. Section 261 of the Atomic Energy Act of 1954 is amended 71 Stat. 274. 42 USC 2017. by adding thereto the following new subsections: “c. Funds are hereby authorized to be appropriated for advance Appropriation. planning, construction design, and architectural services in connection with any plant or facility not otherwise authorized, and for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes. “d. Funds hereafter authorized to be appropriated for any project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another project not otherwise authorized if the substituted project is within the limit of cost of the project for which substitution is to be made, and the Commission certifies that— “(1) the substituted project is essential to the common defense and security; “(2) the substituted project is required by changes in weapon characteristics or weapon logistic operations; and “(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project.”

  4. Pub. L. 88–72 § 107 · 77 Stat. 84

    Changed · 42 U.S.C. § 2017(a)

    Pub. L. 88–72 required legislative authorization of appropriations to the Commission and waiver of charges for use of materials under the Cooperative Power Reactor Demonstration Program. Former provisions of subsec. (a) authorized appropriations necessary and appropriate to carry out the provisions and purposes of this chapter, excepting in par. (1) sums necessary for acquisition of real property or facility acquisition, construction or expansion (and deeming under certain conditions a nonmilitary experimental reactor to be a facility) and in par. (2) sums necessary to carry out cooperative programs for development and construction of reactors for demonstration of their use in production of electrical power or process heat, or for propulsion, or for commercial provision of byproduct material, irradiation or other special service, for civilian use, by arrangements providing for payment of funds, rendering of services and undertaking of research and development without full reimbursement, the waiver of charges accompanying such arrangement or the provision of other financial assistance pursuant to such arrangement or the acquisition of real property or facility acquisition, construction or expansion undertaken by the Commission as part of such arrangement

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 88–72 required legislative authorization of appropriations to the Commission and waiver of charges for use of materials under the Cooperative Power Reactor Demonstration Program. Former provisions of subsec. (a) authorized appropriations necessary and appropriate to carry out the provisions and purposes of this chapter, excepting in par. (1) sums necessary for acquisition of real property or facility acquisition, construction or expansion (and deeming under certain conditions a nonmilitary experimental reactor to be a facility) and in par. (2) sums necessary to carry out cooperative programs for development and construction of reactors for demonstration of their use in production of electrical power or process heat, or for propulsion, or for commercial provision of byproduct material, irradiation or other special service, for civilian use, by arrangements providing for payment of funds, rendering of services and undertaking of research and development without full reimbursement, the waiver of charges accompanying such arrangement or the provision of other financial assistance pursuant to such arrangement or the acquisition of real property or facility acquisition, construction or expansion undertaken by the Commission as part of such arrangement.

    Enacted provision · exact public law section
    Sec. 107. Section 261 of the Atomic Energy Act of 1954, as amended, is amended to read as follows effective January 1, 1964: “Sec. 261. Appropriations.— “a. No appropriation shall be made to the Commission, nor shall the Commission waive charges for the use of materials under the Cooperative Power Reactor Demonstration Program, unless previously authorized by legislation enacted by the Congress. “b. Any Act appropriating funds to the Commission may appropriate specified portions thereof to be accounted for upon the certification of the Commission only. “c. Notwithstanding the provisions of subsection a., funds are hereby authorized to be appropriated for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes. “d. Funds authorized to be appropriated for any construction project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another construction project not otherwise authorized if the substituted construction project is within the limit of cost of the construction project for which substitution is to be made, and the Commission certifies that— “(1) the substituted project is essential to the common defense and security; “(2) the substituted project is required by changes in weapon characteristics or weapon logistic operations; and “(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project.”

    Effective date note
    Pub. L. 88–72, § 107, July 22, 1963, 77 Stat. 88, provided that the amendment made by that section is effective Jan. 1, 1964.

  5. Pub. L. 88–72 § 107 · 77 Stat. 84

    Substituted · 42 U.S.C. § 2017(b)

    Pub. L. 88–72 substituted “Any act appropriating funds to the Commission” for “The acts appropriating such sums.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 88–72 substituted “Any act appropriating funds to the Commission” for “The acts appropriating such sums.”

    Enacted provision · exact public law section
    Sec. 107. Section 261 of the Atomic Energy Act of 1954, as amended, is amended to read as follows effective January 1, 1964: “Sec. 261. Appropriations.— “a. No appropriation shall be made to the Commission, nor shall the Commission waive charges for the use of materials under the Cooperative Power Reactor Demonstration Program, unless previously authorized by legislation enacted by the Congress. “b. Any Act appropriating funds to the Commission may appropriate specified portions thereof to be accounted for upon the certification of the Commission only. “c. Notwithstanding the provisions of subsection a., funds are hereby authorized to be appropriated for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes. “d. Funds authorized to be appropriated for any construction project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another construction project not otherwise authorized if the substituted construction project is within the limit of cost of the construction project for which substitution is to be made, and the Commission certifies that— “(1) the substituted project is essential to the common defense and security; “(2) the substituted project is required by changes in weapon characteristics or weapon logistic operations; and “(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project.”

    Effective date note
    Pub. L. 88–72, § 107, July 22, 1963, 77 Stat. 88, provided that the amendment made by that section is effective Jan. 1, 1964.

  6. Pub. L. 88–72 § 107 · 77 Stat. 84

    Struck and inserted · 42 U.S.C. § 2017(c)

    Pub. L. 88–72 struck out authorization of funds provision for advance planning, construction design and architectural services in connection with any plant or facility and inserted “Notwithstanding” phrase

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 88–72 struck out authorization of funds provision for advance planning, construction design and architectural services in connection with any plant or facility and inserted “Notwithstanding” phrase.

    Enacted provision · exact public law section
    Sec. 107. Section 261 of the Atomic Energy Act of 1954, as amended, is amended to read as follows effective January 1, 1964: “Sec. 261. Appropriations.— “a. No appropriation shall be made to the Commission, nor shall the Commission waive charges for the use of materials under the Cooperative Power Reactor Demonstration Program, unless previously authorized by legislation enacted by the Congress. “b. Any Act appropriating funds to the Commission may appropriate specified portions thereof to be accounted for upon the certification of the Commission only. “c. Notwithstanding the provisions of subsection a., funds are hereby authorized to be appropriated for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes. “d. Funds authorized to be appropriated for any construction project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another construction project not otherwise authorized if the substituted construction project is within the limit of cost of the construction project for which substitution is to be made, and the Commission certifies that— “(1) the substituted project is essential to the common defense and security; “(2) the substituted project is required by changes in weapon characteristics or weapon logistic operations; and “(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project.”

    Effective date note
    Pub. L. 88–72, § 107, July 22, 1963, 77 Stat. 88, provided that the amendment made by that section is effective Jan. 1, 1964.

  7. Pub. L. 88–72 § 107 · 77 Stat. 84

    Struck and inserted · 42 U.S.C. § 2017(d)

    Pub. L. 88–72 struck out “hereafter” after “Funds” and inserted “construction” before “project” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 88–72 struck out “hereafter” after “Funds” and inserted “construction” before “project” wherever appearing.

    Enacted provision · exact public law section
    Sec. 107. Section 261 of the Atomic Energy Act of 1954, as amended, is amended to read as follows effective January 1, 1964: “Sec. 261. Appropriations.— “a. No appropriation shall be made to the Commission, nor shall the Commission waive charges for the use of materials under the Cooperative Power Reactor Demonstration Program, unless previously authorized by legislation enacted by the Congress. “b. Any Act appropriating funds to the Commission may appropriate specified portions thereof to be accounted for upon the certification of the Commission only. “c. Notwithstanding the provisions of subsection a., funds are hereby authorized to be appropriated for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized to use available funds for such purposes. “d. Funds authorized to be appropriated for any construction project to be used in connection with the development or production of special nuclear material or atomic weapons may be used to start another construction project not otherwise authorized if the substituted construction project is within the limit of cost of the construction project for which substitution is to be made, and the Commission certifies that— “(1) the substituted project is essential to the common defense and security; “(2) the substituted project is required by changes in weapon characteristics or weapon logistic operations; and “(3) the Commission is unable to enter into a contract with any person on terms satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project.”

    Effective date note
    Pub. L. 88–72, § 107, July 22, 1963, 77 Stat. 88, provided that the amendment made by that section is effective Jan. 1, 1964.

5 of 10 references resolved to an enrolled provision · 5 partial

Editorial Notes

Prior Provisions

Provisions similar to those comprising this section were contained in section 19 of act Aug. 1, 1946, ch. 724, 60 Stat. 775, which was classified to section 1819 of this title, prior to the general amendment and renumbering of act , by act .

Amendments1957–1963 · 3 rounds

1963

Subsec. (a). Pub. L. 88–72 required legislative authorization of appropriations to the Commission and waiver of charges for use of materials under the Cooperative Power Reactor Demonstration Program. Former provisions of subsec. (a) authorized appropriations necessary and appropriate to carry out the provisions and purposes of this chapter, excepting in par. (1) sums necessary for acquisition of real property or facility acquisition, construction or expansion (and deeming under certain conditions a nonmilitary experimental reactor to be a facility) and in par. (2) sums necessary to carry out cooperative programs for development and construction of reactors for demonstration of their use in production of electrical power or process heat, or for propulsion, or for commercial provision of byproduct material, irradiation or other special service, for civilian use, by arrangements providing for payment of funds, rendering of services and undertaking of research and development without full reimbursement, the waiver of charges accompanying such arrangement or the provision of other financial assistance pursuant to such arrangement or the acquisition of real property or facility acquisition, construction or expansion undertaken by the Commission as part of such arrangement.

Subsec. (b). Pub. L. 88–72 substituted “Any act appropriating funds to the Commission” for “The acts appropriating such sums.”

Subsec. (c). Pub. L. 88–72 struck out authorization of funds provision for advance planning, construction design and architectural services in connection with any plant or facility and inserted “Notwithstanding” phrase.

Subsec. (d). Pub. L. 88–72 struck out “hereafter” after “Funds” and inserted “construction” before “project” wherever appearing.

1962

Subsecs. (c), (d). Pub. L. 87–615 added subsecs. (c) and (d).

1957

Pub. L. 85–79 designated first sentence as introductory clause of subsec. (a) and as (a)(1), inserted proviso to (a)(1), added (a)(2), by designating second sentence as subsec. (b), and struck out former sentence which provided that “Funds appropriated to the Commission shall, if obligated by contract during the fiscal year for which appropriated, remain available for expenditure for four years following the expiration of the fiscal year for which appropriated.”

Statutory Notes and Related Subsidiaries

Effective Date of 1963 Amendment

Pub. L. 88–72, § 107, , 77 Stat. 88, provided that the amendment made by that section is effective .

Credits

1946–1992 · 5 acts
  1. 1946Aug. 1, 1946, ch. 724, title I, § 261, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960
  2. 1957amended Pub. L. 85–79, § 1, , 71 Stat. 274
  3. 1962Pub. L. 87–615, § 8, , 76 Stat. 411
  4. 1963Pub. L. 88–72, § 107, , 77 Stat. 88
  5. 1992renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944.
Show as published

(Aug. 1, 1946, ch. 724, title I, § 261, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960; amended Pub. L. 85–79, § 1, , 71 Stat. 274; Pub. L. 87–615, § 8, , 76 Stat. 411; Pub. L. 88–72, § 107, , 77 Stat. 88; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s2017