US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 5821

Annual authorization Acts

(a)

General requirements; applicability to appropriations

section 2017 of this titlesection 5915 of this titlesection 5875 of this titleAll 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 , , and . 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

ProvidedSubject 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: , 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

section 3302(b) of title 31When 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 ; except that—
(1)
42 U.S.C. 230150 U.S.C. 9830 U.S.C. 7 this subsection shall not apply with respect to sums received from disposal of property under the Atomic Energy Community Act of 1955 [ et seq.] or the Strategic and Critical Materials Stockpiling Act, as amended [ et seq.], or with respect to fees received for tests or investigations under the Act of , as amended (); 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.

Pub. L. 93–438, title I, § 111Pub. L. 95–238, title II, § 20192 Stat. 56Pub. L. 103–437, § 15(c)(7)108 Stat. 4592(, as added , , ; amended , , .)

Editorial Notes

References in Text

act Aug. 4, 1955, ch. 54369 Stat. 472section 2301 of this titleThe Atomic Energy Community Act of 1955, referred to in subsec. (h)(1), is , , 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 and Tables.

act June 7, 1939, ch. 190Pub. L. 96–41, § 293 Stat. 319section 98 of Title 50The Strategic and Critical Materials Stockpiling Act, as amended, referred to in subsec. (h)(1), is , as revised generally by , , , 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 and Tables.

act May 16, 1910, ch. 24036 Stat. 369Act of , as amended, referred to in subsec. (h)(1), is , , which enacted 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

section 3302(b) of title 3131 U.S.C. 484Pub. L. 97–258, § 4(b)96 Stat. 1067In subsec. (h), “” substituted for “section 3617 of the Revised Statutes ()” on authority of , , , the first section of which enacted Title 31, Money and Finance.

Prior Provisions

section 2017a–1 of this titleProvisions similar to those in subsec. (g) of this section were contained in the following appropriation authorization acts, formerly classified to .

Pub. L. 95–39, title III, § 30491 Stat. 189, , .

Pub. L. 94–187, title III, § 30189 Stat. 1073, , .

Pub. L. 93–276, title I, § 10388 Stat. 118, , .

Pub. L. 93–60, § 10387 Stat. 144, , .

Pub. L. 92–314, title I, § 10386 Stat. 225, , .

Pub. L. 92–84, title I, § 10385 Stat. 306, , .

Pub. L. 91–273, § 10384 Stat. 300, , .

Pub. L. 91–44, § 10383 Stat. 47, , .

Pub. L. 90–289, § 10382 Stat. 97, , .

Pub. L. 90–56, § 10381 Stat. 125, , .

Pub. L. 89–428, § 10380 Stat. 163, , .

Pub. L. 89–32, § 10379 Stat. 122, , .

Pub. L. 88–332, § 10478 Stat. 229, , .

Amendments

Pub. L. 103–4371994—Subsec. (b)(1). substituted “Committee on Science, Space, and Technology” for “Committee on Science and Technology”.

Statutory Notes and Related Subsidiaries

Pub. L. 95–238Nonapplicability of Title II of to Any Authorization or Appropriation for Military Application of Nuclear Energy, Etc.; Definitions

Pub. L. 95–238, title II, § 20992 Stat. 76

“(a)
section 7256 of this titlesection 2429 of Title 22 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 and , Foreign Relations and Intercourse] shall apply with respect to any authorization or appropriation for any military application of nuclear energy, for research and development in support of the Armed Forces, or for the common defense and security of the United States.
“(b)
(1)
Public Law 83–70342 U.S.C. 2121 The term ‘military application’ means any activity authorized or permitted by chapter 9 of the Atomic Energy Act of 1954, as amended (, as amended; , 2122).
“(2)
Public Law 83–70342 U.S.C. 2014 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 (, as amended; ).
“(3)
Public Law 83–703 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 (, as amended) [section 2011 et seq. of this title].”
, , , provided that: