
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5821]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
 
      SUBCHAPTER I--ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION
 
Sec. 5821. Annual authorization Acts


(a) General requirements; applicability to appropriations

    All appropriations made to the Energy Research and Development 
Administration or the Administrator shall, except as otherwise provided 
by law, be subject to annual authorization in accordance with section 
2017 of this title, section 5915 of this title, and section 5875 of this 
title. The provisions of this section shall apply with respect to 
appropriations made pursuant to the Act providing such authorization 
(hereinafter in this section referred to as ``annual authorization 
Acts'').

(b) Requirements and limitations respecting funds appropriated for 
        operating expenses

    (1) Funds appropriated pursuant to an annual authorization Act for 
``Operating expenses'' may be used for--
        (A) the construction or acquisition of any facilities, or major 
    items of equipment, which may be required at locations other than 
    installations of the Administration, for the performance of 
    research, development, and demonstration activities, and
        (B) grants to any organization for purchase or construction of 
    research facilities.

No such funds shall be used under this subsection for the acquisition of 
land. Fee title to all such facilities and items of equipment shall be 
vested in the United States, unless the Administrator or his designee 
determines in writing that the research, development, and demonstration 
authorized by such Act would best be implemented by permitting fee title 
or any other property interest to be vested in an entity other than the 
United States; but before approving the vesting of such title or 
interest in such entity, the Administrator shall (i) transmit such 
determination, together with all pertinent data, to the Committee on 
Science, Space, and Technology of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate and (ii) wait a 
period of thirty calendar days (not including any day in which either 
House of Congress is not in session because of adjournment of more than 
three calendar days to a day certain), unless prior to the expiration of 
such period each such committee has transmitted to the Administrator 
written notice to the effect that such committee has no objection to the 
proposed action.
    (2) No funds shall be used under paragraph (1) for any facility or 
major item of equipment, including collateral equipment, if the 
estimated cost to the Federal Government exceeds $5,000,000 in the case 
of such a facility or $2,000,000 in the case of such an item of 
equipment, unless such facility or item has been previously authorized 
by the appropriate committees of the House of Representatives and the 
Senate, or the Administrator--
        (A) transmit to the appropriate committees of the House of 
    Representatives and the Senate a report on such facility or item 
    showing its nature, purpose, and estimated cost, and
        (B) waits a period of thirty calendar days (not including any 
    day in which either House of Congress is not in session because of 
    adjournment of more than three calendar days to a day certain), 
    unless prior to the expiration of such period each such committee 
    has transmitted to the Administrator written notice to the effect 
    that such committee has no objection to the proposed action.

(c) Additional requirements and limitations respecting funds 
        appropriated for operating expenses

    (1) Not to exceed 1 per centum of all funds appropriated pursuant to 
any annual authorization Act for ``Operating expenses'' may be used by 
the Administrator to construct, expand, or modify laboratories and other 
facilities, including the acquisition of land, at any location under the 
control of the Administrator, if the Administrator determines that (A) 
such action would be necessary because of changes in the national 
programs authorized to be funded by such Act or because of new 
scientific or engineering developments, and (B) deferral of such action 
until the enactment of the next authorization Act would be inconsistent 
with the policies established by Congress for the Administration.
    (2) No funds may be obligated for expenditure or expended under 
paragraph (1) for activities described in such paragraph unless--
        (A) a period of thirty calendar days (not including any day in 
    which either House of Congress is not in session because of 
    adjournment of more than three calendar days to a day certain) has 
    passed after the Administrator has transmitted to the appropriate 
    committees of the House of Representatives and the Senate a written 
    report containing a full and complete statement concerning (i) the 
    nature of the construction, expansion, or modification involved, 
    (ii) the cost thereof, including the cost of any real estate action 
    pertaining thereto, and (iii) the reason why such construction, 
    expansion, or modification is necessary and in the national 
    interest, or
        (B) each such committee before the expiration of such period has 
    transmitted to the Administrator a written notice to the effect that 
    such committee has no objection to the proposed action;

except that this paragraph shall not apply to any project the estimated 
total cost of which does not exceed $50,000.

(d) Requirements respecting amounts appropriated in annual appropriation 
        Act for use in programs in excess of amount actually authorized 
        for use in program not presented to, or requested of Congress; 
        reduction in aggregate amount available for categories of coal, 
        etc., from sums appropriated

    (1) Except as otherwise provided in the authorization Act involved--
        (A) no amount appropriated pursuant to any annual authorization 
    Act may be used for any program in excess of the amount actually 
    authorized for that particular program by such Act, and
        (B) no amount appropriated pursuant to any annual authorization 
    Act may be used for any program which has not been presented to, or 
    requested of the Congress,

unless (i) a period of thirty calendar days (not including any day in 
which either House of Congress is not in session because of adjournment 
of more than three calendar days to a day certain) has passed after the 
receipt by the appropriate committees of the House of Representatives 
and the Senate of notice given by the Administrator containing a full 
and complete statement of the action proposed to be taken and the facts 
and circumstances relied upon in support of such proposed action, or 
(ii) each such committee before the expiration of such period has 
transmitted to the Administrator written notice to the effect that such 
committee has no objection to the proposed action.
    (2) Notwithstanding any other provision of this section or the 
authorization Act involved, the aggregate amount available for use 
within the categories of coal, petroleum and natural gas, oil shale, 
solar, geothermal, nuclear energy (non-weapons), environment and safety, 
and conservation from sums appropriated pursuant to an annual 
authorization Act may not, as a result of reprograming, be decreased by 
more than 10 per centum of the total of the sums appropriated pursuant 
to such Act for those categories.

(e) Requirements and limitations respecting merger of amounts 
        appropriated for operating expenses or for plant and capital 
        equipment

    Subject to the applicable requirements and limitations of this 
section and the authorization Act involved, when so specified in an 
appropriation Act, amounts appropriated pursuant to any annual 
authorization Act for ``Operating expenses'' or for ``Plant and capital 
equipment'' may be merged with any other amounts appropriated for like 
purposes pursuant to any other Act authorizing appropriations for the 
Administration: Provided, That no such amounts appropriated for ``Plant 
and capital equipment'' may be merged with amounts appropriated for 
``Operating expenses''.

(f) Availability until expended of amounts appropriated for operating 
        expenses or for plant and capital equipment

    When so specified in an appropriation Act, amounts appropriated 
pursuant to any annual authorization Act for ``Operating expenses'' or 
for ``Plant and capital equipment'' may remain available until expended.

(g) Performance of construction design services by Administrator

    The Administrator is authorized to perform construction design 
services for any administration construction project whenever (1) such 
construction project has been included in a proposed authorization bill 
transmitted to the Congress by the Administration, and (2) the 
Administration determines that the project is of such urgency in order 
to meet the needs of national defense or protection of life and property 
or health and safety that construction of the project should be 
initiated promptly upon enactment of legislation appropriating funds for 
its construction.

(h) Retention and use for operating expenses, and availability until 
        expended, of moneys received by Administration; exceptions

    When so specified in appropriation Acts, any moneys received by the 
Administration may be retained and used for operating expenses, and may 
remain available until expended, notwithstanding the provisions of 
section 3302(b) of title 31; except that--
        (1) this subsection shall not apply with respect to sums 
    received from disposal of property under the Atomic Energy Community 
    Act of 1955 [42 U.S.C. 2301 et seq.] or the Strategic and Critical 
    Materials Stockpiling Act, as amended [50 U.S.C. 98 et seq.], or 
    with respect to fees received for tests or investigations under the 
    Act of May 16, 1910, as amended (30 U.S.C. 7); and
        (2) revenues received by the Administration from the enrichment 
    of uranium shall (when so specified) be retained and used for the 
    specific purpose of offsetting costs incurred by the Administration 
    in providing uranium enrichment service activities.

(i) Requirements respecting transfers of sums appropriated for operating 
        expenses to other Government agencies; merger of transferred 
        sums

    When so specified in an appropriation Act, transfers of sums from 
the ``Operating expenses'' appropriation made pursuant to an annual 
authorization Act may be made to other agencies of the Government for 
the performance of the work for which the appropriation is made, and in 
such cases the sums so transferred may be merged with the appropriations 
to which they are transferred.

(Pub. L. 93-438, title I, Sec. 111, as added Pub. L. 95-238, title II, 
Sec. 201, Feb. 25, 1978, 92 Stat. 56; amended Pub. L. 103-437, 
Sec. 15(c)(7), Nov. 2, 1994, 108 Stat. 4592.)

                       References in Text

    The Atomic Energy Community Act of 1955, referred to in subsec. 
(h)(1), is act Aug. 4, 1955, ch. 543, 69 Stat. 472, as amended, which is 
classified principally to chapter 24 (Sec. 2301 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2301 of this title and Tables.
    The Strategic and Critical Materials Stockpiling Act, as amended, 
referred to in subsec. (h)(1), is act June 7, 1939, ch. 190, as revised 
generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319, which 
is classified generally to subchapter III (Sec. 98 et seq.) of chapter 5 
of Title 50, War and National Defense. For complete classification of 
this Act to the Code, see section 98 of Title 50 and Tables.
    Act of May 16, 1910, as amended, referred to in subsec. (h)(1), is 
act May 16, 1910, ch. 240, 36 Stat. 369, as amended, which enacted 
sections 1, 3, and 5 to 7 of Title 30, Mineral Lands and Mining. For 
complete classification of this Act to the Code, see Tables.

                          Codification

    In subsec. (h), ``section 3302(b) of title 31'' substituted for 
``section 3617 of the Revised Statutes (31 U.S.C. 484)'' on authority of 
Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first 
section of which enacted Title 31, Money and Finance.


                            Prior Provisions

    Provisions similar to those in subsec. (g) of this section were 
contained in the following appropriation authorization acts, formerly 
classified to section 2017a-1 of this title.
    Pub. L. 95-39, title III, Sec. 304, June 3, 1977, 91 Stat. 189.
    Pub. L. 94-187, title III, Sec. 301, Dec. 31, 1975, 89 Stat. 1073.
    Pub. L. 93-276, title I, Sec. 103, May 10, 1974, 88 Stat. 118.
    Pub. L. 93-60, Sec. 103, July 6, 1973, 87 Stat. 144.
    Pub. L. 92-314, title I, Sec. 103, June 16, 1972, 86 Stat. 225.
    Pub. L. 92-84, title I, Sec. 103, Aug. 11, 1971, 85 Stat. 306.
    Pub. L. 91-273, Sec. 103, June 2, 1970, 84 Stat. 300.
    Pub. L. 91-44, Sec. 103, July 11, 1969, 83 Stat. 47.
    Pub. L. 90-289, Sec. 103, Apr. 19, 1968, 82 Stat. 97.
    Pub. L. 90-56, Sec. 103, July 26, 1967, 81 Stat. 125.
    Pub. L. 89-428, Sec. 103, May 21, 1966, 80 Stat. 163.
    Pub. L. 89-32, Sec. 103, June 2, 1965, 79 Stat. 122.
    Pub. L. 88-332, Sec. 104, June 30, 1964, 78 Stat. 229.


                               Amendments

    1994--Subsec. (b)(1). Pub. L. 103-437 substituted ``Committee on 
Science, Space, and Technology'' for ``Committee on Science and 
Technology''.

                         Change of Name

    Committee on Science, Space, and Technology of House of 
Representatives treated as referring to Committee on Science of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.


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

    Section 209 of title II of Pub. L. 95-238 provided that:
    ``(a) Nothing in this title [enacting this section and sections 
5556a and 5919 of this title, amending sections 2391, 2394, 5905, 5906, 
and 5914 of this title, and enacting provisions set out as notes under 
section 7256 of this title and section 2429 of Title 22, Foreign 
Relations and Intercourse] shall apply with respect to any authorization 
or appropriation for any military application of nuclear energy, for 
research and development in support of the Armed Forces, or for the 
common defense and security of the United States.
    ``(b)(1) The term `military application' means any activity 
authorized or permitted by chapter 9 of the Atomic Energy Act of 1954, 
as amended (Public Law 83-703, as amended; 42 U.S.C. 2121, 2122).
    ``(2) The term `research and development' as used in this section, 
is defined by section 11 x., of the Atomic Energy Act of 1954, as 
amended (Public Law 83-703, as amended; 42 U.S.C. 2014).
    ``(3) The term `common defense and security' means the common 
defense and security of the United States as used in the Atomic Energy 
Act of 1954, as amended (Public Law 83-703, as amended) [section 2011 et 
seq. of this title].''
