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Title 42, The Public Health and WelfareRelease 119-110

§2017 Authorization of Appropriations

Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER I — GENERAL PROVISIONS › § 2017

Last updated Sep 22, 2026|Official source

Summary

Money cannot be given to the Commission, nor can the Commission cancel fees for materials under the Cooperative Power Reactor Demonstration Program, unless Congress first passes a law allowing it. A law that gives money to the Commission can say that parts of that money are only spent after the Commission certifies it. Money may be provided to repair or replace a plant or facility that is destroyed or badly damaged, and the Commission may use its available funds for that. Money meant for a weapons-related construction project may be used for a different project if it stays within the original cost and the Commission certifies three things: (1) the new project is essential to defense and security, (2) it is needed because weapon design or logistics changed, and (3) the Commission cannot get the needed product or service from a private contractor on acceptable terms.

Full Legal Text

Title 42, §2017

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Congressional authorization
No appropriation shall be made to the Commission, nor shall the Commission waive charges for the use of materials under the Cooperative Power Reactor Demonstration Program, unless previously authorized by legislation enacted by the Congress.
(b)Accounting
Any Act appropriating funds to the Commission 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 appropriated for the restoration or replacement of any plant or facility destroyed or otherwise seriously damaged, and the Commission is authorized 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 construction 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 satisfactory to it to furnish from a privately owned plant or facility the product or services to be provided by the new project.

Legislative History

Notes & Related Subsidiaries

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 Cooperative Power Reactor Demonstration Program. Former provisions of subsec. (a) authorized appropriations necessary and appropriate to carry out the provisions and purposes of this chapter, excepting in par. (1) sums necessary for acquisition of real property or facility acquisition,

Construction

or expansion (and deeming under certain conditions a nonmilitary experimental reactor to be a facility) and in par. (2) sums necessary to carry out cooperative programs for development 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 service, for civilian use, by arrangements providing for payment 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 undertaken by the Commission as part of such arrangement. Subsec. (b). Pub. L. 88–72 substituted “Any act appropriating funds to the Commission” for “The acts appropriating such sums.” Subsec. (c). Pub. L. 88–72 struck out authorization of funds provision for advance planning,

Construction

design 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 introductory clause of subsec. (a) and as (a)(1), inserted proviso to (a)(1), added (a)(2), by designating second sentence as subsec. (b), and struck out former sentence which provided that “Funds appropriated to the Commission shall, if obligated by contract during the fiscal year for which appropriated, remain available for expenditure 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2017

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110