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U.S. Code as of:
01/19/04
Section 5821. Annual authorization Acts
(a) General requirements; applicability to appropriations
All appropriations made to the Energy Research and Development
Administration or the Administrator shall, except as otherwise
provided by law, be subject to annual authorization in accordance
with section 2017 of this title, section 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 (hereinafter in this section referred
to as "annual authorization 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 facilities, or major
items of equipment, which may be required at locations other than
installations of the Administration, for the performance of
research, development, and demonstration activities, and
(B) grants to any organization for purchase or construction of
research facilities.
No such funds shall be used under this subsection for the
acquisition of land. Fee title to all such facilities and items of
equipment shall be vested in the United States, unless the
Administrator or his designee determines in writing that the
research, development, and demonstration 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 approving 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 Technology of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate and
(ii) wait a period of thirty calendar days (not including any day
in which either House of Congress is not in session because of
adjournment of more than three calendar days to a day certain),
unless prior to the expiration of such period each such committee
has transmitted to the Administrator written notice to the effect
that such committee has no objection to the proposed action.
(2) No funds shall be used under paragraph (1) for any facility
or major item of equipment, including 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 equipment, unless such facility or item has been previously
authorized by the appropriate committees of the House of
Representatives and the Senate, or the Administrator -
(A) transmit to the appropriate committees of the House of
Representatives and the Senate 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 adjournment of more than three calendar days to a day
certain), unless prior to the expiration of such period each such
committee has transmitted to the Administrator written notice to
the effect that such committee has no objection to the proposed
action.
(c) Additional requirements and limitations respecting funds
appropriated for operating expenses
(1) Not to exceed 1 per centum of all funds appropriated pursuant
to any annual authorization Act for "Operating expenses" may be
used by the Administrator to construct, expand, or modify
laboratories and other facilities, including the acquisition of
land, at any location under the control of the Administrator, if
the Administrator 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
developments, 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 including any day in
which either House of Congress is not in session because of
adjournment of more than three calendar days to a day certain)
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 involved, (ii) the cost thereof, including the cost
of any real estate action pertaining thereto, and (iii) the
reason why such construction, expansion, or modification is
necessary and in the national interest, or
(B) each such committee before the expiration of such period
has transmitted to the Administrator a written notice to the
effect that such committee has no objection to the proposed
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 appropriated in annual
appropriation Act for use in programs in excess of amount
actually authorized for use in program not presented to, or
requested of Congress; reduction in aggregate amount available
for categories of coal, etc., from sums appropriated
(1) Except as otherwise provided in the authorization Act
involved -
(A) no amount appropriated pursuant to any annual authorization
Act may be used for any program in excess of the amount actually
authorized 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 Congress 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 before the expiration of such period has transmitted 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 result of reprograming, be
decreased by more than 10 per centum of the total of the sums
appropriated pursuant to such Act for those categories.
(e) Requirements and limitations respecting merger of amounts
appropriated for operating 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
appropriation Act, amounts appropriated pursuant to any annual
authorization Act for "Operating expenses" or for "Plant and
capital equipment" may be merged with any other amounts
appropriated for like purposes pursuant to any other Act
authorizing appropriations for the Administration: Provided, That
no such amounts appropriated for "Plant and capital equipment" may
be merged with amounts appropriated for "Operating expenses".
(f) Availability until expended of amounts appropriated 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 administration construction project whenever (1)
such construction project has been included in a proposed
authorization bill transmitted to the Congress by the
Administration, and (2) the Administration 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
enactment 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, notwithstanding the
provisions of section 3302(b) of title 31; except that -
(1) this subsection shall not apply with respect to sums
received from disposal of property 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
specific purpose of offsetting costs incurred by the
Administration in providing uranium enrichment 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
authorization 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.
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