Page:United States Statutes at Large Volume 65.djvu/304

 270

Transfer of funds.

Salary restriction.

63 Stat. 954. 5 U.S.C. § 1071 note. Construction projects, limitations.

Nonapplicability of limitations.

Reports.

Technical and production facilities.

Payment of a fixed fee, restrictions.

PUBLIC LAW 137—AUG. 31, 1951

[65

STAT.

Administration for security guard services; and payment of obligations incurred under prior year contract authorizations; $1,139,932,750, of which not more than $25,135,000 shall be available for personal services, together with the unexpended balances, as of June 30, 1951, of prior year appropriations to the Atomic Energy Commission, of which 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; from which 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, 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 scientific and technical personnel) whose position would be subject to the Classification Act of 1949, 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— (A) to start any new construction project for which an estimate was not included in the budget for the current fiscal year; (B) to start any new construction project the currently estimated cost of which exceeds the estimated cost included therefor in such budget; or (C) to continue any community facility construction project whenever the currently estimated cost thereof exceeds the estimated cost included therefor in such budget; unless the Director of the Bureau of the Budget specifically approves the start of such construction project or its continuation and a detailed explanation thereof is submitted forthwith by the Director to the Appropriations Committees of the Senate and the House of Representatives and the Joint Committee on Atomic Energy; the limitations contained in this proviso shall not apply to any construction project the total estimated cost of which does not exceed $500,000; and, as used herein, the term "construction project" includes the purchase, alteration, or improvement of buildings, and the term "budget" includes the detailed justification supporting the budget estimates: Provided further, That whenever the current estimate to complete any construction project (except community facilities) exceeds by 15 per centum the estimated cost included therefor in such budget or the estimated cost of a construction project covered by clause (A) of the foregoing proviso which has been approved by the Director, the Commission shall forthwith submit a detailed explanation thereof to the Director of the Bureau of the Budget and the Committees on Appropriations of the Senate and of the House of Representatives and the Joint Committee on Atomic Energy: Provided further, That the two foregoing provisos shall have no application with respect to technical and production facilities (1) if the Commission certifies to the Director of the Bureau of the Budget that immediate construction or immediate continuation of construction is necessary to the national defense and security, and (2) if the Director agrees that such certification is justified: Provided further, That no part of the foregoing 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

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