42 U.S.C. § 5821 — Annual authorization Acts

Page 6602 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5821 affected agencies and departments, shall cooper- ate fully with the Administrator in establishing and maintaining such programs, and in estab- lishing appropriate interagency agreements to develop cooperative programs and to avoid un- necessary duplication. (Pub. L. 93–438, title I, § 110, Oct. 11, 1974, 88 Stat. 1242.) 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. RESEARCH APPLIED TO NATIONAL NEEDS; COORDINATION OF ENERGY RESEARCH AND DEVELOPMENT ACTIVITIES Pub. L. 94–471, § 2(e)(3), Oct. 11, 1976, 90 Stat. 2053, pro- vided that: ‘‘In the conduct of the energy research and development activities under the ‘Research Applied to National Needs’ category, the National Science Foun- dation shall coordinate all new energy research project awards with the Administrator of the Energy Research and Development Administration or his designee.’’ Similar provisions were contained in Pub. L. 94–86, § 5, Aug. 9, 1975, 89 Stat. 430. § 5821. Annual authorization Acts (a) General requirements; applicability to appro- priations All appropriations made to the Energy Re- search and Development Administration or the Administrator shall, except as otherwise pro- vided by law, be subject to annual authorization in accordance with section 2017 of this title, sec- tion 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 (herein- after in this section referred to as ‘‘annual au- thorization 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 fa- cilities, or major items of equipment, which may be required at locations other than in- stallations of the Administration, for the per- formance of research, development, and dem- onstration activities, and (B) grants to any organization for purchase or construction of research facilities. No such funds shall be used under this sub- section for the acquisition of land. Fee title to all such facilities and items of equipment shall be vested in the United States, unless the Ad- ministrator or his designee determines in writ- ing that the research, development, and dem- onstration 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 approv- ing 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 Tech- nology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and (ii) wait a period of thirty cal- endar days (not including any day in which ei- ther House of Congress is not in session because of adjournment of more than three calendar days to a day certain), unless prior to the expi- ration of such period each such committee has transmitted to the Administrator written notice to the effect that such committee has no objec- tion to the proposed action. (2) No funds shall be used under paragraph (1) for any facility or major item of equipment, in- cluding 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 equip- ment, unless such facility or item has been pre- viously authorized by the appropriate commit- tees of the House of Representatives and the Senate, or the Administrator— (A) transmit to the appropriate committees of the House of Representatives and the Sen- ate 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 ad- journment of more than three calendar days to a day certain), unless prior to the expiration of such period each such committee has trans- mitted to the Administrator written notice to the effect that such committee has no objec- tion to the proposed action. (c) Additional requirements and limitations re- specting funds appropriated for operating expenses (1) Not to exceed 1 per centum of all funds ap- propriated pursuant to any annual authorization Act for ‘‘Operating expenses’’ may be used by the Administrator to construct, expand, or mod- ify laboratories and other facilities, including the acquisition of land, at any location under the control of the Administrator, if the Admin- istrator 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 develop- ments, 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 in- cluding any day in which either House of Con- gress is not in session because of adjournment of more than three calendar days to a day cer- tain) 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 in- volved, (ii) the cost thereof, including the cost of any real estate action pertaining thereto, and (iii) the reason why such construction, ex- pansion, or modification is necessary and in the national interest, or Page 6603 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5821 (B) each such committee before the expira- tion of such period has transmitted to the Ad- ministrator a written notice to the effect that such committee has no objection to the pro- posed 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 appro- priated in annual appropriation Act for use in programs in excess of amount actually au- thorized for use in program not presented to, or requested of Congress; reduction in aggre- gate amount available for categories of coal, etc., from sums appropriated (1) Except as otherwise provided in the author- ization Act involved— (A) no amount appropriated pursuant to any annual authorization Act may be used for any program in excess of the amount actually au- thorized 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 Con- gress 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 be- fore the expiration of such period has trans- mitted 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 re- sult of reprograming, be decreased by more than 10 per centum of the total of the sums appro- priated pursuant to such Act for those cat- egories. (e) Requirements and limitations respecting merger of amounts appropriated for oper- ating 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 appropria- tion Act, amounts appropriated pursuant to any annual authorization Act for ‘‘Operating ex- penses’’ or for ‘‘Plant and capital equipment’’ may be merged with any other amounts appro- priated for like purposes pursuant to any other Act authorizing appropriations for the Adminis- tration: Provided, That no such amounts appro- priated for ‘‘Plant and capital equipment’’ may be merged with amounts appropriated for ‘‘Oper- ating expenses’’. (f) Availability until expended of amounts appro- priated 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 administra- tion construction project whenever (1) such con- struction project has been included in a pro- posed authorization bill transmitted to the Con- gress by the Administration, and (2) the Admin- istration 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 enact- ment 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, notwith- standing the provisions of section 3302(b) of title 31; except that— (1) this subsection shall not apply with re- spect to sums received from disposal of prop- erty 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 spe- cific purpose of offsetting costs incurred by the Administration in providing uranium en- richment 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 au- thorization 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, § 111, as added Pub. L. 95–238, title II, § 201, Feb. 25, 1978, 92 Stat. 56; amended Pub. L. 103–437, § 15(c)(7), Nov. 2, 1994, 108 Stat. 4592.) Editorial Notes 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. Page 6604 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5841 472, which is classified principally to chapter 24 (§ 2301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 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, § 2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (§ 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, which en- acted 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, § 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 sec- tion were contained in the following appropriation au- thorization acts, formerly classified to section 2017a–1 of this title. Pub. L. 95–39, title III, § 304, June 3, 1977, 91 Stat. 189. 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. AMENDMENTS 1994—Subsec. (b)(1). Pub. L. 103–437 substituted ‘‘Com- mittee on Science, Space, and Technology’’ for ‘‘Com- mittee on Science and Technology’’. Statutory Notes and Related Subsidiaries NONAPPLICABILITY OF TITLE II OF PUB. L. 95–238 TO ANY AUTHORIZATION OR APPROPRIATION FOR MILI- TARY APPLICATION OF NUCLEAR ENERGY, ETC.; DEFI- NITIONS Pub. L. 95–238, title II, § 209, Feb. 25, 1978, 92 Stat. 76, 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 authoriza- tion or appropriation for any military application of nuclear energy, for research and development in sup- port of the Armed Forces, or for the common defense and security of the United States. ‘‘(b)(1) The term ‘military application’ means any ac- tivity 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].’’ SUBCHAPTER II—NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER PROTECTION § 5841. Establishment and transfers (a) Composition; Chairman; Acting Chairman; quorum; official spokesman; seal; functions of Chairman and Commission (1) There is established an independent regu- latory commission to be known as the Nuclear Regulatory Commission which shall be com- posed of five members, each of whom shall be a citizen of the United States. The President shall designate one member of the Commission as Chairman thereof to serve as such during the pleasure of the President. The Chairman may from time to time designate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all meetings of the Commission and a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have equal responsibility and authority in all decisions and actions of the Commission, shall have full access to all information relating to the performance of his duties or responsibilities, and shall have one vote. Action of the Commis- sion shall be determined by a majority vote of the members present. The Chairman (or Acting Chairman in the absence of the Chairman) shall be the official spokesman of the Commission in its relations with the Congress, Government agencies, persons, or the public, and, on behalf of the Commission, shall see to the faithful exe- cution of the policies and decisions of the Com- mission, and shall report thereon to the Com- mission from time to time or as the Commission may direct. The Commission shall have an offi- cial seal which shall be judicially noticed. (2) The Chairman of the Commission shall be the principal executive officer of the Commis- sion, and he shall exercise all of the executive and administrative functions of the Commis- sion, including functions of the Commission with respect to (a) the appointment and super- vision of personnel employed under the Commis- sion (other than personnel employed regularly and full time in the immediate offices of com- missioners other than the Chairman, and except as otherwise provided in this chapter), (b) the distribution of business among such personnel and among administrative units of the Commis- sion, and (c) the use and expenditure of funds. (3) In carrying out any of his functions under the provisions of this section the Chairman shall be governed by general policies of the Commis- sion and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (4) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission. (5) There are hereby reserved to the Commis- sion its functions with respect to revising budg-