42 U.S.C. § 2017 — Authorization of appropriations

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 Repealed.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- Page 5370 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2017a viso to (a)(1), added (a)(2), by designating second sen- tence as subsec. (b), and struck out former sentence which provided that ‘‘Funds appropriated to the Com- mission shall, if obligated by contract during the fiscal year for which appropriated, remain available for ex- penditure 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, July 22, 1963, 77 Stat. 88, provided that the amendment made by that section is effective Jan. 1, 1964. § 2017a. Omitted Editorial Notes CODIFICATION Section, act Sept. 26, 1962, Pub. L. 87–701, § 103, 76 Stat. 601, which authorized appropriations for the Atomic Energy Commission for advance planning, con- struction design, and architectural services in connec- tion with certain projects, was from an Act authorizing appropriations for the Atomic Energy Commission, and was not enacted as part of the Atomic Energy Act of 1954 which comprises this chapter. See section 2017a–1 of this title. Similar provisions were contained in the following prior appropriation authorization acts: Sept. 26, 1961, Pub. L. 87–315, § 103, 75 Stat. 678. May 13, 1960, Pub. L. 86–457, § 103, 74 Stat. 121. June 23, 1959, Pub. L. 86–50, § 103, 73 Stat. 83. Aug. 4, 1958, Pub. L. 85–590, § 103, 72 Stat. 493. Aug. 21, 1957, Pub. L. 85–162, title I, § 103, 71 Stat. 406. May 3, 1956, ch. 233, § 103, 70 Stat. 129. July 11, 1955, ch. 304, § 103, 69 Stat. 293. § 2017a–1. Omitted Editorial Notes CODIFICATION Section, Pub. L. 95–39, title III, § 304, June 3, 1977, 91 Stat. 189, which authorized the Administrator of the Energy Research and Development Administration to perform construction design services for any Adminis- tration construction project whenever the Adminis- trator made certain determinations, was from an Act authorizing appropriations for fiscal year 1977 to the Energy Research and Development Administration, and was not enacted as part of the Atomic Energy Act of 1954 which comprises this chapter. See section 5821(g) of this title. Similar provisions were contained in the following prior appropriation authorization acts: Pub. L. 94–187, title III, § 301, Dec. 31, 1975, 89 Stat. 1073. Pub. L. 93–276, title I, § 103, May 10, 1974, 88 Stat. 118. Pub. L. 93–60, § 103, July 6, 1973, 87 Stat. 144. Pub. L. 92–314, title I, § 103, June 16, 1972, 86 Stat. 225. Pub. L. 92–84, title I, § 103, Aug. 11, 1971, 85 Stat. 306. Pub. L. 91–273, § 103, June 2, 1970, 84 Stat. 300. Pub. L. 91–44, § 103, July 11, 1969, 83 Stat. 47. Pub. L. 90–289, § 103, Apr. 19, 1968, 82 Stat. 97. Pub. L. 90–56, § 103, July 26, 1967, 81 Stat. 125. Pub. L. 89–428, § 103, May 21, 1966, 80 Stat. 163. Pub. L. 89–32, § 103, June 2, 1965, 79 Stat. 122. Pub. L. 88–332, § 104, June 30, 1964, 78 Stat. 229. § 2017b. Omitted Editorial Notes CODIFICATION Section, act Sept. 26, 1962, Pub. L. 87–701, § 104, 76 Stat. 601, which authorized appropriations for the Atomic Energy Commission for restoration or replace- ment of facilities, was from an Act authorizing appro- priations for the Atomic Energy Commission, and was not enacted as part of the Atomic Energy Act of 1954 which comprises this chapter. See section 2017(c) of this title. Similar provisions were contained in the following prior appropriation authorization acts: Sept. 26, 1961, Pub. L. 87–315, § 104, 75 Stat. 678. May 13, 1960, Pub. L. 86–457, § 104, 74 Stat. 122. June 23, 1959, Pub. L. 86–50, § 104, 73 Stat. 83. Aug. 4, 1958, Pub. L. 85–590, 72 Stat. 493. Aug. 21, 1957, Pub. L. 85–162, title I, § 104, 71 Stat. 406. May 3, 1956, ch. 233, § 104, 70 Stat. 129. July 11, 1955, ch. 304, § 104, 69 Stat. 293. § 2018. Agency jurisdiction Nothing in this chapter shall be construed to affect the authority or regulations of any Fed- eral, State, or local agency with respect to the generation, sale, or transmission of electric power produced through the use of nuclear fa- cilities licensed by the Commission: Provided, That this section shall not be deemed to confer upon any Federal, State, or local agency any au- thority to regulate, control, or restrict any ac- tivities of the Commission. (Aug. 1, 1946, ch. 724, title I, § 271, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960; amended Pub. L. 89–135, Aug. 24, 1965, 79 Stat. 551; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 1965—Pub. L. 89–135 inserted ‘‘produced through the use of nuclear facilities licensed by the Commission: Provided, That this section shall not be deemed to con- fer upon any Federal, State, or local agency any au- thority to regulate, control, or restrict any activities of the Commission.’’ § 2019. Applicability of Federal Power Act Every licensee under this chapter who holds a license from the Commission for a utilization or production facility for the generation of com- mercial electric energy under section 2133 of this title and who transmits such electric energy in interstate commerce or sells it at wholesale in interstate commerce shall be subject to the reg- ulatory provisions of the Federal Power Act [16 U.S.C. 791a et seq.]. (Aug. 1, 1946, ch. 724, title I, § 272, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as