42 U.S.C. § 2393 — Payments in anticipation of services;

Page 5601 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2394 etc., see section 209 of Pub. L. 95–238, Feb. 25, 1978, 92 Stat. 76, set out as a note under section 5821 of this title. § 2392. Reduction of payments Any payment which becomes due under sec- tion 2391 of this title prior to the transfer of all municipal installations at the community may be reduced by such amount as the Administrator determines to be equitable based on the munic- ipal services then being performed by the En- ergy Research and Development Administration, and the municipal services then being performed by such governmental entity. (Aug. 4, 1955, ch. 543, ch. 9, § 92, 69 Stat. 482; Pub. L. 94–187, title VI, § 601(1), (8), Dec. 31, 1975, 89 Stat. 1077, 1078.) Editorial Notes AMENDMENTS 1975—Pub. L. 94–187 substituted ‘‘Administrator’’ for ‘‘Commission’’ where appearing first time and ‘‘Energy Research and Development Administration’’ for ‘‘Com- mission’’ where appearing second time. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. § 2393. Payments in anticipation of services; withholding of payments The payments made pursuant to section 2391 of this title to transferees of municipal installa- tions are in anticipation that the respective re- cipients of those payments furnish, or have fur- nished, for the community, the school, hospital, or other municipal services in respect of which the payments are made. Any such payment may be withheld, in whole or in part, if the Adminis- trator finds that the recipient is not furnishing such services for any part of the area so des- ignated. (Aug. 4, 1955, ch. 543, ch. 9, § 93, 69 Stat. 482; Pub. L. 94–187, title VI, § 601(1), Dec. 31, 1975, 89 Stat. 1077.) Editorial Notes AMENDMENTS 1975—Pub. L. 94–187 substituted ‘‘Administrator’’ for ‘‘Commission’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Energy Research and Development Administration terminated and functions vested by law in Adminis- trator thereof transferred to Secretary of Energy (un- less otherwise specifically provided) by sections 7151(a) and 7293 of this title. § 2394. Contract to make payments The Administrator is authorized, without re- gard to sections 1341, 1342, and 1349–1351 and sub- chapter II of chapter 15 of title 31, to enter into a contract with any governmental or other enti- ty 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 June 30, 1979; and in the case of the Los Alamos School Board shall not extend beyond June 30, 1997; and in the case of the county of Los Alamos, New Mexico, shall not extend beyond June 30, 1997. The authority to enter into a contract under the preceding sen- tence 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, 1997, only to the extent or in such amounts as are provided in appropriation Acts. (Aug. 4, 1955, ch. 543, ch. 9, § 94, 69 Stat. 482; Pub. L. 90–190, § 3, Dec. 14, 1967, 81 Stat. 576; Pub. L. 94–187, title VI, § 601(1), (9), Dec. 31, 1975, 89 Stat. 1077, 1078; Pub. L. 95–238, title II, § 205(b), Feb. 25, 1978, 92 Stat. 61; Pub. L. 99–661, div. C, title I, § 3138(a), (b)(1), Nov. 14, 1986, 100 Stat. 4066; Pub. L. 104–106, div. C, title XXXI, § 3161(d), Feb. 10, 1996, 110 Stat. 627.) 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 author- ity of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1996—Pub. L. 104–106 substituted ‘‘June 30, 1997’’ for ‘‘June 30, 1996’’ in two places and ‘‘July 1, 1997’’ for ‘‘July 1, 1996’’. 1986—Pub. L. 99–661, § 3138(a), substituted ‘‘Los Ala- mos 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 ex- tend beyond June 30, 1996’’ for ‘‘New Mexico, shall not extend beyond June 30, 1987’’. Pub. L. 99–661, § 3138(b)(1), inserted at end ‘‘The au- thority 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 effec- tive with respect to a period before July 1, 1996, only to the extent or in such amounts as are provided in appro- priation Acts.’’ 1978—Pub. L. 95–238 inserted provisions for applica- bility 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 be- yond June 30, 1986. 1975—Pub. L. 94–187 substituted ‘‘Administrator’’ for ‘‘Commission’’ in two places and inserted provision that the term of such contracts shall not extend be- yond 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. 1967—Pub. L. 90–190 inserted proviso, and ‘‘or author- ized’’ wherever appearing.