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COMPTROLLER GENERAL OF THE UNITED STATES
WASHINGTON, D.C. 20548
IN REPLY
REFERTO: B-16410
December 5, 1977
The Honorable Olin E. Teague, Chairman
Committee on Science and Technology
House of Representatives
Dear Mr. Chairman:
5
This replies to your letter of November 23, 1977,
requesting our opinion as to the purposes for which funds
contained in H.R. 9375 for the Clinch River Breeder Re-
actor Project might be used should the bill be enacted
into law. In essence, the question is whether the President
may properly use such funds to terminate the project or
carry it forward on a basis different from that prescribed
in the initial authorizing legislation.
The bill, making supplemental appropriations for fiscal
year 1978, provides simply that:
[of the amount appropriated] $80,000,000
shall be for the Clinch River Breeder Reactor
Project.n
There is no existing legislation authorizing the appro-
priation of any sum for the project. The project itself was
authorized, however, by section 106 of P.L. 91-273, as
amended by section 103(d) of P.L. 94-187. In conjunction
with authorization of the project, section 106 authorized
appropriations for its implementation, but only through Septem-
ber 30, 1976.
Section 106 specifies stringent conditions governing the
manner in which funds appropriated for the Clinch River proj-
ect must be used. We have previously considered the extent
to which section 106 constrains the purposes for which funds
appropriated to carry out the project may be used and have
concluded that the provisions of the section are controlling.
See our letter of June 23, 1977, to Senator Henry M. Jackson
as Vice Chairman of the Joint Committee on Atomic Energy,
copy enclosed, in which we conclude that by reason of the
provisions of section 106, the President may not curtail or
terminate the Clinch River project.
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