--- kind: "section" citation: "42 U.S.C. § 2017" title: "42" title_heading: "The Public Health and Welfare" number: "2017" heading: "Authorization of appropriations" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/2017" units: - "Chapter 23 — Development and Control of Atomic Energy" - "Division A — Atomic Energy" - "Subchapter I — General Provisions" --- # §2017. Authorization of appropriations - (a) **Congressional authorization—** No appropriation shall be made to the [Commission](/usc/42/2014.md?p=f), nor shall the [Commission](/usc/42/2014.md?p=f) 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](/usc/42/2014.md?p=f) may appropriate specified portions thereof to be accounted for upon the certification of the [Commission](/usc/42/2014.md?p=f) only. - (c) **Restoration or replacement of facilities—** Notwithstanding the provisions of [subsection (a)](#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](/usc/42/2014.md?p=f) is authorized to use available funds for such purposes. - (d) **Substituted construction projects—** Funds authorized to be appropriated for any [construction](/usc/42/300s–3.md?p=7) [project](/usc/42/13641.md?p=2) to be used in connection with the development or production of [special nuclear material](/usc/42/2014.md?p=aa) or [atomic weapons](/usc/42/2014.md?p=d) may be used to start another [construction](/usc/42/300s–3.md?p=7) [project](/usc/42/13641.md?p=2) not otherwise authorized if the substituted [construction](/usc/42/300s–3.md?p=7) [project](/usc/42/13641.md?p=2) is within the limit of cost of the [construction](/usc/42/300s–3.md?p=7) [project](/usc/42/13641.md?p=2) for which substitution is to be made, and the [Commission](/usc/42/2014.md?p=f) certifies that— - (1) the substituted [project](/usc/42/13641.md?p=2) is essential to the [common defense and security](/usc/42/2014.md?p=g); - (2) the substituted [project](/usc/42/13641.md?p=2) is required by changes in weapon characteristics or weapon logistic operations; and - (3) the [Commission](/usc/42/2014.md?p=f) is unable to enter into a contract with any [person](/usc/42/2014.md?p=s) 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](/usc/42/13641.md?p=2). ## Source credit (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.) ## Notes ### 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.