42 U.S.C. § 2016 — Repealed. Pub. L. 105–85, div. C, title

Page 5369 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2017 (2) Historically Black college and university The term ‘‘historically Black college or uni- versity’’ has the meaning given the term ‘‘part B institution’’ in section 1061 of title 20. (3) Tribal college The term ‘‘Tribal college’’ has the meaning given the term ‘‘tribally controlled college or university’’ in section 1801(a) of title 25. (b) Partnership program The Commission may establish and partici- pate in activities relating to research, men- toring, instruction, and training with institu- tions of higher education, including Hispanic- serving institutions, historically Black colleges or universities, and Tribal colleges, to strength- en the capacity of the institutions— (1) to educate and train students (including present or potential employees of the Commis- sion); and (2) to conduct research in the field of science, engineering, or law, or any other field that the Commission determines is important to the work of the Commission. (Aug. 1, 1946, ch. 724, title I, § 244, as added Pub. L. 109–58, title VI, § 651(c)(4)(A), Aug. 8, 2005, 119 Stat. 802; amended Pub. L. 110–315, title IX, § 941(k)(2)(L), Aug. 14, 2008, 122 Stat. 3467.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(3). Pub. L. 110–315 made technical amendment to reference in original act which appears in text as reference to section 1801(a) of title 25. § 2016. Repealed. Pub. L. 105–85, div. C, title XXXI, § 3152(a)(1), Nov. 18, 1997, 111 Stat. 2042 Section, act Aug. 1, 1946, ch. 724, title I, § 251, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960; amended June 11, 1959, Pub. L. 86–43, 73 Stat. 73; renumbered title I, Oct. 24, 1992, Pub. L. 102–486, title IX, § 902(a)(8), 106 Stat. 2944, required Commission to submit to Congress an- nual report on its activities. § 2017. Authorization of appropriations (a) Congressional authorization No appropriation shall be made to the Com- mission, nor shall the Commission waive charges for the use of materials under the Coop- erative Power Reactor Demonstration Program, unless previously authorized by legislation en- acted by the Congress. (b) Accounting Any Act appropriating funds to the Commis- sion 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 appro- priated for the restoration or replacement of any plant or facility destroyed or otherwise seri- ously damaged, and the Commission is author- ized 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 con- struction 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 satisfac- tory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project. (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, July 3, 1957, 71 Stat. 274; Pub. L. 87–615, § 8, Aug. 29, 1962, 76 Stat. 411; Pub. L. 88–72, § 107, July 22, 1963, 77 Stat. 88; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) 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 Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 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 Coop- erative Power Reactor Demonstration Program. Former provisions of subsec. (a) authorized appropria- tions necessary and appropriate to carry out the provi- sions and purposes of this chapter, excepting in par. (1) sums necessary for acquisition of real property or facil- ity acquisition, construction or expansion (and deem- ing under certain conditions a nonmilitary experi- mental reactor to be a facility) and in par. (2) sums necessary to carry out cooperative programs for devel- opment 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 serv- ice, for civilian use, by arrangements providing for pay- ment 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 un- dertaken by the Commission as part of such arrange- ment. Subsec. (b). Pub. L. 88–72 substituted ‘‘Any act appro- priating funds to the Commission’’ for ‘‘The acts appro- priating such sums.’’ Subsec. (c). Pub. L. 88–72 struck out authorization of funds provision for advance planning, construction de- sign 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 intro- ductory clause of subsec. (a) and as (a)(1), inserted pro-