### §5852. Availability of funds

#### (a) Appropriations for salaries and expenses; additional purposes

Funds appropriated for "Nuclear Regulatory Commission—Salaries and Expenses" shall be available to the Commission for the following additional purposes:

(1) Employment of aliens.

(2) Services authorized by section 3109 of title 5.

(3) Publication and dissemination of atomic information.

(4) Purchase, repair, and cleaning of uniforms.

(5) Reimbursements to the General Services Administration for security guard services.

(6) Hire of passenger motor vehicles and aircraft.

(7) Transfers of funds to other agencies of the Federal Government for the performance of the work for which such funds are appropriated, and such transferred funds may be merged with the appropriations to which they are transferred.

(8) Transfers to the Office of Inspector General of the Commission, not to exceed an additional amount equal to 5 percent of the amount otherwise appropriated to the Office for the fiscal year. Notice of such transfers shall be submitted to the Committees on Appropriations.

#### (b) Appropriations for Office of Inspector General; additional purposes

Funds appropriated for "Nuclear Regulatory Commission—Office of Inspector General" shall be available to the Office for the additional purposes described in paragraphs (2) and (7) of subsection (a).

#### (c) Use of program funds for salaries and expenses

Moneys received by the Commission for the cooperative nuclear research program, services rendered to State governments, foreign governments, and international organizations, and the material and information access authorization programs, including criminal history checks under section 2169 of this title 1 may be retained and used for salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, and shall remain available until expended.

#### (d) Use of funds to provide voluntary separation incentive payments

Notwithstanding section 663(c)(2)(D) of Public Law 104–208, and to facilitate targeted workforce downsizing and restructuring, the Chairman of the Nuclear Regulatory Commission may use funds appropriated in this Act to exercise the authority provided by section 663 of that Act with respect to employees who voluntarily separate from October 7, 1998, through December 31, 2000. All of the requirements in section 663 of Public Law 104–208, except for section 663(c)(2)(D), apply to the exercise of authority under this section.

#### (e) Fiscal year applicability

Subsections (a), (b), and (c) of this section shall apply to fiscal year 1999 and each succeeding fiscal year.

(Pub. L. 105–245, title V, §506, Oct. 7, 1998, 112 Stat. 1856.)

#### **Editorial Notes**

#### References in Text

Section 663 of Public Law 104–208, referred to in subsec. (d), is section 663 of Pub. L. 104–208, div. A, title I, §101(f) [title VI], Sept. 30, 1996, 110 Stat. 3009–314, 3009–383, which is set out as a note under section 5597 of Title 5, Government Organization and Employees.

This Act, referred to in subsec. (d), is Pub. L. 105–245, Oct. 7, 1998, 112 Stat. 1838, known as the Energy and Water Development Appropriations Act, 1999. For complete classification of this Act to the Code, see Tables.

#### Codification

Section was enacted as part of the Energy and Water Development Appropriations Act, 1999, and not as part of the Energy Reorganization Act of 1974 which comprises this chapter.

#### **Statutory Notes and Related Subsidiaries**

#### Similar Provisions

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 105–62, title IV, Oct. 13, 1997, 111 Stat. 1336.

Pub. L. 104–206, title IV, Sept. 30, 1996, 110 Stat. 3000.

Pub. L. 104–46, title IV, Nov. 13, 1995, 109 Stat. 417.

Pub. L. 103–316, title IV, Aug. 26, 1994, 108 Stat. 1721.

Pub. L. 103–126, title IV, Oct. 28, 1993, 107 Stat. 1332.

Pub. L. 102–377, title IV, Oct. 2, 1992, 106 Stat. 1340.

Pub. L. 102–104, title IV, Aug. 17, 1991, 105 Stat. 534.

Pub. L. 101–514, title IV, Nov. 5, 1990, 104 Stat. 2096.

Pub. L. 101–101, title IV, Sept. 29, 1989, 103 Stat. 664.

Pub. L. 100–371, title IV, July 19, 1988, 102 Stat. 872.

Pub. L. 100–202, §101(d) [title IV], Dec. 22, 1987, 101 Stat. 1329–104, 1329–128.

Pub. L. 99–500, §101(e) [title IV], Oct. 18, 1986, 100 Stat. 1783–194, 1783–211, and Pub. L. 99–591, §101(e) [title IV], Oct. 30, 1986, 100 Stat. 3341–194, 3341–211.

Pub. L. 99–141, title IV, Nov. 1, 1985, 99 Stat. 577.

Pub. L. 98–360, title IV, July 16, 1984, 98 Stat. 419.

Pub. L. 98–50, title IV, July 14, 1983, 97 Stat. 260.

Pub. L. 97–88, title IV, Dec. 4, 1981, 95 Stat. 1147.

Pub. L. 96–367, title IV, Oct. 1, 1980, 94 Stat. 1344.

Pub. L. 96–69, title IV, Sept. 25, 1979, 93 Stat. 449.

1 So in original. Probably should be followed by a comma.