Pub. L. 83-428, tit. I, under "ATOMIC ENERGY COMMISSION"
ATOMIC ENERGY COMMISSION
ATOMIC ENERGY COMMISSION Operating expenses: For necessary operating expenses of the Commission in carrying out the purposes of the Atomic Energy Act of 1946, including the employment of aliens; rental in or near the District of Columbia only if no suitable Government-owned space is available in such area as determined by the General Services Administration; services authorized by section 15 of the Act of August 2, 1946 (5 U. S. C. 55a); maintenance and operation of aircraft; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms; purchase of newspapers and periodicals (not to exceed $5,000); official entertainment expenses (not to exceed $5,000); not to exceed $2,564,130 for expenses of travel; reimbursement of the General Services Administration for security guard services; not to exceed $37,232,900 for personal services; and hire of passenger motor vehicles; $1,098,962,300, together with the unexpended balances, as of June 30, 1954, of prior year appropriations made available under this head to the Atomic Energy Commission: Provided, That of such amounts $100,000 may be expended for objects of a confidential nature and in any such case the certificate of the Commission as to the amount of the expenditure and that it is deemed inadvisable to specify the nature thereof shall be deemed a sufficient voucher for the sum therein expressed to have been expended: Provided further, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred: Provided further, That no part of this appropriation shall be used to pay the salary of any officer or employee (except such officers and employees whose compensation is fixed by law, and scien-68 Stat. 276tific and technical personnel) whose position would be subject to the Classification Act of 1949, as amended, if such Act were applicable to such position, at a rate in excess of the rate payable under such Act for positions of equivalent difficulty or responsibility: Provided further, That no part of this appropriation shall be used in connection with the payment of a fixed fee to any contractor or firm of contractors engaged under a cost-plus-a-fixed-fee contract or contracts at any installation of the Commission, where that fee for community management is at a rate in excess of $90,000 per annum, or for the operation of a transportation system where that fee is at a rate in excess of $45,000 per annum. Plant and equipment: For expenses of the Commission in connection with the purchase and construction of plant and the acquisition of equipment and other expenses incidental thereto necessary in carrying out the purposes of the Atomic Energy Act of 1946, including purchase of land and interests in land; purchase of aircraft; purchase (not to exceed two hundred and fifty-eight for replacement only) and hire of passenger motor vehicles; $110,882,400, to remain available until expended: Provided, That the unexpended balances of prior year appropriations made available under this head shall be merged with this appropriation: Provided further, That in addition to funds allocated for research and development for reactors the Commission may expend from funds provided under this head such sum as may be necessary, not to exceed $7,000,000, for beginning of research or construction of such reactors, without regard to any other provision of this Act: Provided further, That no part of the foregoing appropriation shall be available for the construction of any office building, residence, warehouse or similar structure, utility, or other specific portion or unit of a project, unless funds are available for the completion of such building, utility, or other specific portion or unit of such project. The foregoing proviso shall not be construed to prevent the purchase of land for any project, the construction of any new building or procurement of any machinery, equipment or materials therefor, nor any utility nor any portion or unit of a specific project if the funds are available to pay the cost of such land, the cost of such building, machinery, equipment or materials, or the cost of such utility or the cost of any such specific portion or unit of such project: Provided further, That no part of this appropriation shall be used— (A) to start any new construction project for which an estimate was not included in the budget for the current fiscal year unless it be a substitute therefor within the limits of cost included in the budget; and (B) to start any new construction project the currently estimated cost of which exceeds by thirty-five per centum the estimated cost included therefor in such budget: Provided further, That not to exceed $2,500,000 of the funds herein provided may be transferred to the Bureau of Public Roads, Department of Commerce, for the construction or improvement of access roads in the United States to sources of uranium ore. No part of the appropriations herein made to the Atomic Energy Commission shall be available for payments under any contract hereafter negotiated without advertising by the Commission, except contracts with any foreign government or any agency thereof and contracts for source material with foreign producers, unless such contract includes a clause to the effect that the Comptroller General of the United States or any of his duly authorized representatives shall until the expiration of three years after final payment have access to and the right to examine any directly pertinent books, documents,68 Stat. 277 papers, and records of the contractor or any of his subcontractors engaged in the performance of and involving transactions related to such contracts or subcontracts: Provided, That no part of such appropriations shall be available for payments under any such contract which includes any provision precluding an audit by the General Accounting Office of any transaction under such contract. Any appropriation available under this Act or heretofore made to the Atomic Energy Commission may initially be used subject to limitations in this Act during the fiscal year 1955 to finance the procurement of materials, services, or other costs which are a part of work or activities for which funds have been provided in any other appropriation available to the Commission: Provided, That appropriate transfers or adjustments between such appropriations shall subsequently be made for such costs on the basis of actual application determined in accordance with generally accepted accounting principles. Not to exceed 5 per centum of any appropriation under this head may be transferred to any other such appropriation but no such appropriation shall be increased by more than 5 per centum by any such transfers, and any such transfers shall be reported promptly to the appropriations committees of the House and Senate. No part of any appropriation herein made to the Atomic Energy Commission shall be used to confer a fellowship on any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force or violence or with respect to whom the Commission finds, upon investigation and report by the Civil Service Commission on the character, associations, and loyalty of whom, that reasonable grounds exist for belief that such person is disloyal to the Government of the United States: Provided, That any person who advocates or who is a member of an organization or party that advocates the overthrow of the Government of the United States by force or violence and accepts employment or a fellowship the salary, wages, stipend, grant, or expenses for which are paid from any appropriation contained herein shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law.