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Title 42 — The Public Health and Welfare

Chapter 24 — Disposal of Atomic Energy Communities

§ 2394. Contract to make payments

Statutory text

The Administrator is authorized, without regard to sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31, to enter into a contract with any governmental or other entity to which payments are authorized to be made pursuant to section 2391 of this title, obligating the Administrator to make to such entity the payments directed or authorized to be made by section 2391 of this title: Provided, however, That the term of such contracts, in the case of the cities of Oak Ridge, Tennessee, and Richland, Washington, and the Richland School District, shall not extend beyond ; and in the case of the Los Alamos School Board shall not extend beyond ; and in the case of the county of Los Alamos, New Mexico, shall not extend beyond . The authority to enter into a contract under the preceding sentence with the Los Alamos School Board and with the county of Los Alamos, New Mexico, shall be effective with respect to a period before , only to the extent or in such amounts as are provided in appropriation Acts.

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. Aug. 4, 1955, ch. 543, ch. 9, § 94, 69 Stat. 482 · 69 Stat. 482

    Enacted · 42 U.S.C. § 2394

    Aug. 4, 1955, ch. 543, ch. 9, § 94, 69 Stat. 482

    Source evidence

    Code source credit
    Aug. 4, 1955, ch. 543, ch. 9, § 94, 69 Stat. 482

  2. Pub. L. 90–190 § 3 · 81 Stat. 575

    Inserted · 42 U.S.C. § 2394

    Pub. L. 90–190 inserted proviso, and “or authorized” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 90–190 inserted proviso, and “or authorized” wherever appearing.

    Enacted provision · exact public law section
    Sec. 3. Section 94 of the Atomic Energy Community Act of 1955, 42 USC 2394. as amended, is amended to read as follows: “Sec. 94. Commission Contracts.— The Commission is authorized, 31 USC 665. without regard to section 3679 of the Revised Statutes, to enter into a contract with any governmental or other entity to which payments are required or authorized to be made pursuant to section 91, obligating the Commission to make to such entity the payments directed or authorized to be made by section 91: Provided, however, That the term of such contracts, in the case of the Cities of Oak Ridge, Tennessee, and Richland, Washington, and the Richland School District, shall not extend beyond June 30, 1979.”

  3. Pub. L. 94–187 title VI § 601(1) · 89 Stat. 1063

    1. Substituted · 42 U.S.C. § 2394

      Pub. L. 94–187 substituted “Administrator” for “Commission” in two places

    2. Inserted · 42 U.S.C. § 2394

      Pub. L. 94–187 inserted provision that the term of such contracts shall not extend beyond June 30, 1986, in the case of Anderson County and Roane County, Tennessee. The latter amendment was executed in this section, rather than to section 2393, as the probable intent of Congress

    Source evidence

    Code amendment note
    Pub. L. 94–187 substituted “Administrator” for “Commission” in two places and inserted provision that the term of such contracts shall not extend beyond June 30, 1986, in the case of Anderson County and Roane County, Tennessee. The latter amendment was executed in this section, rather than to section 2393, as the probable intent of Congress.

    Enacted provision · exact public law section
    (1) by striking out “Commission” each time it appears in sections 91 and 94, the first time it appears in section 92, and where 42 USC 2391, 2394, 2392. 42 USC 2393. it appears in section 93, and inserting in each instance in lieu thereof the following: “Administrator”;

  4. Department of Energy Act of 1978—Civilian Applications

    Pub. L. 95–238 title II § 205(b) · 92 Stat. 47

    1. Inserted · 42 U.S.C. § 2394

      Pub. L. 95–238 inserted provisions for applicability to the Los Alamos School Board and the county of Los Alamos, New Mexico

    2. Substituted · 42 U.S.C. § 2394

      Pub. L. 95–238 substituted “payments are authorized” for “payments are required or authorized”

    3. Struck · 42 U.S.C. § 2394

      Pub. L. 95–238 struck out applicability of provisions to Anderson and Roane Counties, Tennessee, for contracts not beyond June 30, 1986

    Source evidence

    Code amendment note
    Pub. L. 95–238 inserted provisions for applicability to the Los Alamos School Board and the county of Los Alamos, New Mexico, substituted “payments are authorized” for “payments are required or authorized”, and struck out applicability of provisions to Anderson and Roane Counties, Tennessee, for contracts not beyond June 30, 1986.

    Enacted provision · exact public law section
    (b) Chapter 9 of such Act is further amended by striking out section Contract authority. 42 USC 2394. 94 and inserting in lieu thereof the following: “Sec. 94. Contracts.— The Administrator is authorized, without regard to section 3679 of the Revised Statutes, to enter into a contract 31 USC 665. with any governmental or other entity to which payments are authorized to be made pursuant to section 91, obligating the Administrator to 42 USC 2391. make to such entity the payments directed or authorized to be made by section 91: Provided, however, That the term of such contracts, in the case of the cities of Oak Ridge, Tennessee, and Richland, Washington, and the Richland School District, shall not extend beyond June 30, 1979; and in the case of the Los Alamos School Board shall not extend beyond June 30, 1986; and in the case of the county of Los Alamos, New Mexico, shall not extend beyond June 30, 1987.”.

  5. Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987

    Pub. L. 99–661 § 3138(a) · 100 Stat. 3816

    1. Substituted · 42 U.S.C. § 2394

      Pub. L. 99–661, § 3138(a), substituted “Los Alamos School Board shall not extend beyond June 30, 1996” for “Los Alamos School Board shall not extend beyond June 30, 1986”

    2. Substituted · 42 U.S.C. § 2394

      Pub. L. 99–661, § 3138(a), substituted “New Mexico, shall not extend beyond June 30, 1996” for “New Mexico, shall not extend beyond June 30, 1987”

    Source evidence

    Code amendment note
    Pub. L. 99–661, § 3138(a), substituted “Los Alamos School Board shall not extend beyond June 30, 1996” for “Los Alamos School Board shall not extend beyond June 30, 1986” and “New Mexico, shall not extend beyond June 30, 1996” for “New Mexico, shall not extend beyond June 30, 1987”.

    Enacted provision · exact public law section
    (a) Extension.— Section 94 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2394) is amended by striking out “June 30, 1986” and “June 30, 1987” and inserting in lieu thereof “June 30, 1996” in both places.

    Effective date note
    Pub. L. 99–661, div. C, title I, § 3138(b)(2), Nov. 14, 1986, 100 Stat. 4066, provided that: “The amendment made by paragraph (1) [amending this section] shall not apply with respect to a contract with the county of Los Alamos, New Mexico, to the extent that it covers the period before July 1, 1987.”

  6. Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987

    Pub. L. 99–661 § 3138(b)(1) · 100 Stat. 3816

    Inserted · 42 U.S.C. § 2394

    Pub. L. 99–661, § 3138(b)(1), inserted at end “The authority to enter into a contract under the preceding sentence with the Los Alamos School Board and with the county of Los Alamos, New Mexico, shall be effective with respect to a period before July 1, 1996, only to the extent or in such amounts as are provided in appropriation Acts.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–661, § 3138(b)(1), inserted at end “The authority to enter into a contract under the preceding sentence with the Los Alamos School Board and with the county of Los Alamos, New Mexico, shall be effective with respect to a period before July 1, 1996, only to the extent or in such amounts as are provided in appropriation Acts.”

    Enacted provision · exact public law section
    (1) Such section is further amended by adding at the end the following new sentence: “The authority to enter into a contract under the preceding sentence with the Los Alamos School Board and with the county of Los Alamos, New Mexico, shall be effective with respect to a period before July 1, 1996, only to the extent or in such amounts as are provided in appropriation Acts.”.

    Effective date note
    Pub. L. 99–661, div. C, title I, § 3138(b)(2), Nov. 14, 1986, 100 Stat. 4066, provided that: “The amendment made by paragraph (1) [amending this section] shall not apply with respect to a contract with the county of Los Alamos, New Mexico, to the extent that it covers the period before July 1, 1987.”

  7. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. C title XXXI § 3161(d) · 110 Stat. 186

    1. Substituted · 42 U.S.C. § 2394

      Pub. L. 104–106 substituted “June 30, 1997” for “June 30, 1996”

    2. Substituted · 42 U.S.C. § 2394

      Pub. L. 104–106 substituted “July 1, 1997” for “July 1, 1996”

    Source evidence

    Code amendment note
    Pub. L. 104–106 substituted “June 30, 1997” for “June 30, 1996” in two places and “July 1, 1997” for “July 1, 1996”.

    Enacted provision · exact public law section
    (d) Contract To Make Payments.— Section 94 of such Act (42 U.S.C. 2394) is amended— (1) by striking out “June 30, 1996” each place it appears in the proviso in the first sentence and inserting in lieu thereof “June 30, 1997”; and (2) by striking out “July 1, 1996” in the second sentence and inserting in lieu thereof “July 1, 1997”.

11 of 12 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

“Sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31” substituted in text for “section 3679 of the Revised Statutes [31 U.S.C. 665]” on authority of Pub. L. 97–258, § 4(b), , 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments1967–1996 · 5 rounds

1996

Pub. L. 104–106 substituted “” for “” in two places and “” for “”.

1986

Pub. L. 99–661, § 3138(a), substituted “Los Alamos School Board shall not extend beyond ” for “Los Alamos School Board shall not extend beyond ” and “New Mexico, shall not extend beyond ” for “New Mexico, shall not extend beyond ”.

Pub. L. 99–661, § 3138(b)(1), inserted at end “The authority to enter into a contract under the preceding sentence with the Los Alamos School Board and with the county of Los Alamos, New Mexico, shall be effective with respect to a period before , only to the extent or in such amounts as are provided in appropriation Acts.”

1978

Pub. L. 95–238 inserted provisions for applicability to the Los Alamos School Board and the county of Los Alamos, New Mexico, substituted “payments are authorized” for “payments are required or authorized”, and struck out applicability of provisions to Anderson and Roane Counties, Tennessee, for contracts not beyond .

1975

Pub. L. 94–187 substituted “Administrator” for “Commission” in two places and inserted provision that the term of such contracts shall not extend beyond , in the case of Anderson County and Roane County, Tennessee. The latter amendment was executed in this section, rather than to section 2393, as the probable intent of Congress.

1967

Pub. L. 90–190 inserted proviso, and “or authorized” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–661, div. C, title I, § 3138(b)(2), , 100 Stat. 4066, provided that: “The amendment made by paragraph (1) [amending this section] shall not apply with respect to a contract with the county of Los Alamos, New Mexico, to the extent that it covers the period before .”

Transfer of Functions

Energy Research and Development Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of this title.

Nonapplicability of Title II of Pub. L. 95–238 to Any Authorization or Appropriation for Military Application of Nuclear Energy, Etc.; Definitions

Nonapplicability of provisions of title II of Pub. L. 95–238 with respect to any authorization or appropriation for any military application of nuclear energy, etc., see section 209 of Pub. L. 95–238, , 92 Stat. 76, set out as a note under section 5821 of this title.

Credits

1955–1996 · 6 acts
  1. 1955Aug. 4, 1955, ch. 543, ch. 9, § 94, 69 Stat. 482
  2. 1967Pub. L. 90–190, § 3, , 81 Stat. 576
  3. 1975Pub. L. 94–187, title VI, § 601(1), (9), , 89 Stat. 1077, 1078
  4. 1978Pub. L. 95–238, title II, § 205(b), , 92 Stat. 61
  5. 1986Pub. L. 99–661, div. C, title I, § 3138(a), (b)(1), , 100 Stat. 4066
  6. 1996Pub. L. 104–106, div. C, title XXXI, § 3161(d), , 110 Stat. 627.
Show as published

(Aug. 4, 1955, ch. 543, ch. 9, § 94, 69 Stat. 482; Pub. L. 90–190, § 3, , 81 Stat. 576; Pub. L. 94–187, title VI, § 601(1), (9), , 89 Stat. 1077, 1078; Pub. L. 95–238, title II, § 205(b), , 92 Stat. 61; Pub. L. 99–661, div. C, title I, § 3138(a), (b)(1), , 100 Stat. 4066; Pub. L. 104–106, div. C, title XXXI, § 3161(d), , 110 Stat. 627.)

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USLM identifier /us/usc/t42/s2394