-CITE-
    50 USC CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS        01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS

-HEAD-
               CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS           

-MISC1-
    Sec.                                                     
    2501.       Definition.                                           

                   SUBCHAPTER I - ORGANIZATIONAL MATTERS               
    2511.       Naval Nuclear Propulsion Program.                     
    2512.       Reorganization of field activities and management of
                 national security functions.                         
                  (a)  Limitation on delegation of authority.         
                  (b)  Requirement to consult with area offices.      
                  (c)  Requirement for direct communication from area
                        offices.                                      
                  (d)  Defense programs reorganization plan and
                        report.                                       
                  (e)  Defense Programs Management Council.           
                  (f)  Covered site operations.                       
                  (g)  Covered facilities and laboratories.           
    2513.       Restriction on licensing requirement for certain
                 defense activities and facilities.                   

             SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS         

           PART A - STOCKPILE STEWARDSHIP AND WEAPONS PRODUCTION       
    2521.       Stockpile stewardship program.                        
                  (a)  Establishment.                                 
                  (b)  Program elements.                              
                  (c)  Authorization of appropriations.               
    2522.       Report on stockpile stewardship criteria.             
                  (a)  Requirement for criteria.                      
                  (b)  Coordination with Secretary of Defense.        
                  (c)  Report.                                        
    2523.       Plan for stewardship, management, and certification of
                 warheads in the nuclear weapons stockpile.           
                  (a)  Plan requirement.                              
                  (b)  Plan elements.                                 
                  (c)  Annual submission of plan to Congress.         
    2524.       Nuclear weapons stockpile life extension program.     
                  (a)  Program required.                              
                  (b)  Administrative responsibility for program.     
    2524a.      Reliable Replacement Warhead program.                 
                  (a)  Program required.                              
                  (b)  Consultation.                                  
    2525.       Annual assessments and reports to the President and
                 Congress regarding the condition of the United States
                 nuclear weapons stockpile.                           
                  (a)  Annual assessments required.                   
                  (b)  Covered officials.                             
                  (c)  Use of teams of experts for assessments.       
                  (d)  Report on assessments.                         
                  (e)  Submittals to the President and Congress.      
                  (f)  Classified form.                               
                  (g)  Definitions.                                   
                  (h)  First submissions.                             
    2526.       Form of certifications regarding the safety or
                 reliability of the nuclear weapons stockpile.        
    2527.       Nuclear test ban readiness program.                   
                  (a)  Findings.                                      
                  (b)  Establishment of program.                      
                  (c)  Purposes of program.                           
                  (d)  Conduct of program.                            
    2528.       Study on nuclear test readiness postures.             
                  (a)  Report.                                        
                  (b)  Biennial update report.                        
    2528a.      Readiness posture for resumption by the United States
                 of underground nuclear weapons tests.                
                  (a)  Readiness posture required.                    
                  (b)  Description of requirement.                    
    2529.       Requirements for specific request for new or modified
                 nuclear weapons.                                     
                  (a)  Requirement for request for funds for
                        development.                                  
                  (b)  Budget request format.                         
                  (c)  Exception.                                     
                  (d)  Definitions.                                   
    2530.       Limitation on underground nuclear weapons tests.      
    2531.       Testing of nuclear weapons.                           
                  (a)  In general.                                    
                  (b)  Atmospheric testing of nuclear weapons.        
    2532.       Manufacturing infrastructure for refabrication and
                 certification of nuclear weapons stockpile.          
                  (a)  Manufacturing program.                         
                  (b)  Required capabilities.                         
                  (c)  Nuclear Posture Review.                        
                  (d)  Funding.                                       
                  (e)  Plan and report.                               
    2533.       Reports on critical difficulties at nuclear weapons
                 laboratories and nuclear weapons production plants.  
                  (a)  Reports by heads of laboratories and plants.   
                  (b)  Transmittal by Assistant Secretary.            
                  (c)  Omitted.                                       
                  (d)  Inclusion of reports in annual stockpile
                        certification.                                
                  (e)  Definitions.                                   

                             PART B - TRITIUM                         
    2541.       Tritium production program.                           
                  (a)  Establishment of program.                      
                  (b)  Funding.                                       
                  (c)  Location of tritium production facility.       
                  (d)  Cost-benefit analysis.                         
                  (e)  Report.                                        
                  (f)  Tritium targets.                               
    2542.       Tritium recycling.                                    
                  (a)  In general.                                    
                  (b)  Exception.                                     
    2543.       Tritium production.                                   
                  (a)  New tritium production facility.               
                  (b)  In-reactor tests.                              
    2544.       Modernization and consolidation of tritium recycling
                 facilities.                                          
                  (a)  In general.                                    
                  (b)  Funding.                                       
    2545.       Procedures for meeting tritium production
                 requirements.                                        
                  (a)  Production of new tritium.                     
                  (b)  Support.                                       
                  (c)  Design and engineering development.            

                  SUBCHAPTER III - PROLIFERATION MATTERS              
    2561.       International cooperative stockpile stewardship.      
                  (a)  Funding prohibition.                           
                  (b)  Exceptions.                                    
    2562.       Nonproliferation initiatives and activities.          
                  (a)  Initiative for Proliferation Prevention
                        program.                                      
                  (b)  Nuclear Cities Initiative.                     
                  (c)  Report.                                        
                  (d)  Nuclear Cities Initiative defined.             
    2563.       Annual report on status of Nuclear Materials
                 Protection, Control, and Accounting Program.         
                  (a)  Report required.                               
                  (b)  Contents.                                      
                  (c)  Limitation on use of certain funds.            
    2564.       Nuclear Cities Initiative.                            
                  (a)  In general.                                    
                  (b)  Funding for fiscal year 2001.                  
                  (c)  Limitation pending submission of agreement.    
                  (d)  Limitation pending implementation of project
                        review procedures.                            
                  (e)  Limitation pending certification and report.   
                  (f)  Plan for restructuring the Russian nuclear
                        complex.                                      
                  (g)  Encouragement of careers in nonproliferation.  
                  (h)  Definitions.                                   
    2565.       Authority to conduct program relating to fissile
                 materials.                                           
    2566.       Disposition of weapons-usable plutonium at Savannah
                 River Site.                                          
                  (a)  Plan for construction and operation of MOX
                        facility.                                     
                  (b)  Corrective actions.                            
                  (c)  Contingent requirement for removal of plutonium
                        and materials from Savannah River Site.       
                  (d)  Economic and impact assistance.                
                  (e)  Failure to complete planned disposition
                        program.                                      
                  (f)  Removal of mixed-oxide fuel upon completion of
                        operations of MOX facility.                   
                  (g)  Baseline.                                      
                  (h)  Definitions.                                   
    2567.       Disposition of surplus defense plutonium at Savannah
                 River Site, Aiken, South Carolina.                   
                  (a)  Consultation required.                         
                  (b)  Notice required.                               
                  (c)  Plan for disposition.                          
                  (d)  Plan for alternative disposition.              
                  (e)  Submission of plans.                           
                  (f)  Limitation on plutonium shipments.             
                  (g)  Rule of construction.                          
                  (h)  Annual report on funding for fissile materials
                        disposition activities.                       
    2568.       Authority to use international nuclear materials
                 protection and cooperation program funds outside the
                 former Soviet Union.                                 
                  (a)  Authority.                                     
                  (b)  Scope of authority.                            
                  (c)  Limitation on availability of funds.           
                  (d)  Additional limitations and requirements.       
                  (e)  Funds.                                         
    2569.       Acceleration of removal or security of fissile
                 materials, radiological materials, and related
                 equipment at vulnerable sites worldwide.             
                  (a)  Sense of Congress.                             
                  (b)  Program authorized.                            
                  (c)  Program elements.                              
                  (d)  Reports.                                       
                  (e)  Funding.                                       
                  (f)  Definitions.                                   
    2570.       Silk Road Initiative.                                 
                  (a)  Program authorized.                            
                  (b)  Silk Road nations defined.                     
                  (c)  Funding.                                       
    2571.       Nuclear Nonproliferation Fellowships for scientists
                 employed by United States and Russian Federation.    
                  (a)  In general.                                    
                  (b)  Definitions.                                   
                  (c)  Funding.                                       

      SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                                  MATTERS

          PART A - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT      
    2581.       Defense Environmental Restoration and Waste Management
                 Account.                                             
                  (a)  Establishment.                                 
                  (b)  Amounts in Account.                            
    2582.       Requirement to develop future use plans for
                 environmental management programs.                   
                  (a)  Authority to develop future use plans.         
                  (b)  Requirement to develop future use plans.       
                  (c)  Citizen advisory board.                        
                  (d)  Requirement to consult with citizen advisory
                        board.                                        
                  (e)  50-year planning period.                       
                  (f)  Deadlines.                                     
                  (g)  Report.                                        
                  (h)  Savings provisions.                            
    2583.       Integrated fissile materials management plan.         
                  (a)  Plan.                                          
                  (b)  Submittal to Congress.                         
    2584.       Baseline environmental management reports.            
                  (a)  Annual environmental restoration reports.      
                  (b)  Biennial waste management reports.             
                  (c)  Contents of reports.                           
                  (d)  Biennial status and variance reports.          
                  (e)  Compliance tracking.                           
                  (f)  Public participation in development of
                        information.                                  
    2585.       Accelerated schedule for environmental restoration and
                 waste management activities.                         
                  (a)  Accelerated cleanup.                           
                  (b)  Consideration of factors.                      
                  (c)  Report.                                        
                  (d)  Savings provision.                             
    2586.       Defense waste cleanup technology program.             
                  (a)  Establishment of program.                      
                  (b)  Coordination of research activities.           
                  (c)  Definitions.                                   
    2587.       Report on environmental restoration expenditures.     
    2588.       Public participation in planning for environmental
                 restoration and waste management at defense nuclear
                 facilities.                                          
    2589.       Policy of Department of Energy regarding future
                 defense environmental management matters.            
                  (a)  Policy required.                               
                  (b)  Reflection in budget.                          
                  (c)  Consultation.                                  
                  (d)  Report.                                        

                      PART B - CLOSURE OF FACILITIES                  
    2601.       Projects to accelerate closure activities at defense
                 nuclear facilities.                                  
                  (a)  In general.                                    
                  (b)  Purpose.                                       
                  (c)  Eligible projects.                             
                  (d)  Program administration.                        
                  (e)  Selection of projects.                         
                  (f)  Multiyear contracts.                           
                  (g)  Funding.                                       
                  (h)  Annual report.                                 
                  (i)  Duration of program.                           
                  (j)  Savings provision.                             
    2602.       Reports in connection with permanent closures of
                 Department of Energy defense nuclear facilities.     
                  (a)  Training and job placement services plan.      
                  (b)  Closure report.                                

                          PART C - PRIVATIZATION                      
    2611.       Defense environmental management privatization
                 projects.                                            
                  (a)  Authority to enter into contracts.             
                  (b)  Notice and wait.                               
                  (c)  Cost variations.                               
                  (d)  Use of funds for termination of contract.      
                  (e)  Annual report on contracts.                    
                  (f)  Assessment of contracting without sufficient
                        appropriations.                               

                 PART D - HANFORD RESERVATION, WASHINGTON             
    2621.       Safety measures for waste tanks at Hanford Nuclear
                 Reservation.                                         
                  (a)  Identification and monitoring of tanks.        
                  (b)  Action plans.                                  
                  (c)  Prohibition.                                   
                  (d)  Report.                                        
    2622.       Hanford waste tank cleanup program reforms.           
                  (a)  Establishment of Office of River Protection.   
                  (b)  Management and responsibilities of Office.     
                  (c)  Department responsibilities.                   
                  (d)  Report.                                        
                  (e)  Report.                                        
                  (f)  Termination.                                   
    2623.       River Protection Project.                             
    2624.       Funding for termination costs of River Protection
                 Project, Richland, Washington.                       

               PART E - SAVANNAH RIVER SITE, SOUTH CAROLINA           
    2631.       Accelerated schedule for isolating high-level nuclear
                 waste at the Defense Waste Processing Facility,
                 Savannah River Site.                                 
    2632.       Multi-year plan for clean-up.                         
    2633.       Continuation of processing, treatment, and disposal of
                 legacy nuclear materials.                            
    2634.       Continuation of processing, treatment, and disposition
                 of legacy nuclear materials.                         
    2635.       Continuation of processing, treatment, and disposition
                 of legacy nuclear materials.                         
    2636.       Continuation of processing, treatment, and disposal of
                 legacy nuclear materials.                            
    2637.       Continuation of processing, treatment, and disposal of
                 legacy nuclear materials.                            
    2638.       Limitation on use of funds for decommissioning
                 F-canyon facility.                                   

              SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS          

                     PART A - SAFEGUARDS AND SECURITY                 
    2651.       Prohibition on international inspections of Department
                 of Energy facilities unless protection of restricted
                 data is certified.                                   
                  (a)  Prohibition on inspections.                    
                  (b)  Omitted.                                       
                  (c)  Restricted data defined.                       
    2652.       Restrictions on access to national laboratories by
                 foreign visitors from sensitive countries.           
                  (a)  Background review required.                    
                  (b)  Moratorium pending certification.              
                  (c)  Waiver of moratorium.                          
                  (d)  Exception to moratorium for certain
                        individuals.                                  
                  (e)  Exception to moratorium for certain programs.  
                  (f)  Sense of Congress regarding background reviews.
                  (g)  Definitions.                                   
    2653.       Background investigations of certain personnel at
                 Department of Energy facilities.                     
                  (a)  In general.                                    
                  (b)  Compliance.                                    
                  (c)  Definitions.                                   
    2654.       Department of Energy counterintelligence polygraph
                 program.                                             
                  (a)  New counterintelligence polygraph program
                        required.                                     
                  (b)  Authorities and limitations.                   
                  (c)  Omitted.                                       
                  (d)  Report on further enhancement of personnel
                        security program.                             
                  (e)  Polygraph Review defined.                      
    2655.       Counterintelligence polygraph program.                
                  (a)  Program required.                              
                  (b)  Covered persons.                               
                  (c)  High-risk programs.                            
                  (d)  Initial testing and consent.                   
                  (e)  Additional testing.                            
                  (f)  Counterintelligence polygraph examination.     
                  (g)  Regulations.                                   
                  (h)  Plan for extension of program.                 
    2656.       Notice to congressional committees of certain security
                 and counterintelligence failures within nuclear
                 energy defense programs.                             
                  (a)  Required notification.                         
                  (b)  Significant nuclear defense intelligence
                        losses.                                       
                  (c)  Manner of notification.                        
                  (d)  Procedures.                                    
                  (e)  Statutory construction.                        
    2657.       Submittal of annual report on status of security
                 functions at nuclear weapons facilities.             
    2658.       Report on counterintelligence and security practices
                 at national laboratories.                            
                  (a)  In general.                                    
                  (b)  Content of report.                             
                  (c)  National laboratory defined.                   
    2659.       Report on security vulnerabilities of national
                 laboratory computers.                                
                  (a)  Report required.                               
                  (b)  Preparation of report.                         
                  (c)  Submission of report to Secretary of Energy and
                        to FBI Director.                              
                  (d)  Forwarding to congressional committees.        
                  (e)  First report.                                  
                  (f)  National laboratory defined.                   

                      PART B - CLASSIFIED INFORMATION                  
    2671.       Review of certain documents before declassification
                 and release.                                         
                  (a)  In general.                                    
                  (b)  Limitation on declassification.                
                  (c)  Restricted data defined.                       
    2672.       Protection against inadvertent release of Restricted
                 Data and Formerly Restricted Data.                   
                  (a)  Plan for protection against release.           
                  (b)  Plan elements.                                 
                  (c)  Limitation on declassification of certain
                        records.                                      
                  (d)  Submission of plan.                            
                  (e)  Submission of reviews.                         
                  (f)  Report and notification regarding inadvertent
                        releases.                                     
                  (g)  Definition.                                    
    2673.       Supplement to plan for declassification of Restricted
                 Data and Formerly Restricted Data.                   
                  (a)  Supplement to plan.                            
                  (b)  Contents of supplement.                        
                  (c)  Limitation on declassification of records.     
                  (d)  Submission of supplement.                      
    2674.       Protection of classified information during
                 laboratory-to-laboratory exchanges.                  
                  (a)  Provision of training.                         
                  (b)  Countering of espionage and
                        intelligence-gathering abroad.                
    2675.       Identification in budget materials of amounts for
                 declassification activities and limitation on
                 expenditures for such activities.                    
                  (a)  Amounts for declassification of records.       
                  (b)  Certification required with respect to
                        automatic declassification of records.        
                  (c)  Report on automatic declassification of
                        Department of Energy records.                 

                        PART C - EMERGENCY RESPONSE                    
    2691.       Responsibility for Defense Programs Emergency Response
                 Program.                                             

                     SUBCHAPTER VI - PERSONNEL MATTERS                 

                       PART A - PERSONNEL MANAGEMENT                   
    2701.       Authority for appointment of certain scientific,
                 engineering, and technical personnel.                
                  (a)  Authority.                                     
                  (b)  OPM review.                                    
                  (c)  Termination.                                   
    2702.       Whistleblower protection program.                     
                  (a)  Program required.                              
                  (b)  Covered individuals.                           
                  (c)  Protected disclosures.                         
                  (d)  Persons and entities to which disclosures may
                        be made.                                      
                  (e)  Official capacity of persons to whom
                        information is disclosed.                     
                  (f)  Assistance and guidance.                       
                  (g)  Regulations.                                   
                  (h)  Notification to covered individuals.           
                  (i)  Complaint by covered individuals.              
                  (j)  Investigation by Office of Hearings and
                        Appeals.                                      
                  (k)  Remedial action.                               
                  (l)  Relationship to other laws.                    
                  (m)  Annual report.                                 
                  (n)  Implementation report.                         
    2703.       Employee incentives for employees at closure project
                 facilities.                                          
                  (a)  Authority to provide incentives.               
                  (b)  Eligible employees.                            
                  (c)  Closure facility defined.                      
                  (d)  Incentives.                                    
                  (e)  Agreement.                                     
                  (f)  Violation of agreement.                        
                  (g)  Report.                                        
                  (h)  Omitted.                                       
                  (i)  Authority with respect to voluntary
                        separations.                                  
                  (j)  Termination.                                   
    2704.       Department of Energy defense nuclear facilities
                 workforce restructuring plan.                        
                  (a)  In general.                                    
                  (b)  Consultation.                                  
                  (c)  Objectives.                                    
                  (d)  Implementation.                                
                  (e)  Plan updates.                                  
                  (f)  Submittal to Congress.                         
                  (g)  Department of Energy defense nuclear facility
                        defined.                                      
    2705.       Authority to provide certificate of commendation to
                 Department of Energy and contractor employees for
                 exemplary service in stockpile stewardship and
                 security.                                            
                  (a)  Authority to present certificate of
                        commendation.                                 
                  (b)  Certificate.                                   
                  (c)  Department of Energy defined.                  

                      PART B - EDUCATION AND TRAINING                  
    2721.       Executive management training in Department of Energy.
                  (a)  Establishment of training program.             
                  (b)  Training provisions.                           
    2722.       Stockpile stewardship recruitment and training
                 program.                                             
                  (a)  Conduct of program.                            
                  (b)  Support of dual-use programs.                  
                  (c)  Establishment of retiree corps.                
                  (d)  Report.                                        
    2723.       Fellowship program for development of skills critical
                 to the Department of Energy nuclear weapons complex. 
                  (a)  In general.                                    
                  (b)  Eligible individuals.                          
                  (c)  Covered facilities.                            
                  (d)  Administration.                                
                  (e)  Allocation of funds.                           
                  (f)  Agreement.                                     

                          PART C - WORKER SAFETY                      
    2731.       Worker protection at nuclear weapons facilities.      
                  (a)  Training grant program.                        
                  (b)  Enforcement of employee safety standards.      
                  (c)  Regulations.                                   
                  (d)  Definitions.                                   
                  (e)  Funding.                                       
    2732.       Safety oversight and enforcement at defense nuclear
                 facilities.                                          
                  (a)  Safety at defense nuclear facilities.          
                  (b)  Report.                                        
    2733.       Program to monitor Department of Energy workers
                 exposed to hazardous and radioactive substances.     
                  (a)  In general.                                    
                  (b)  Implementation of program.                     
                  (c)  Agreement with Secretary of Health and Human
                        Services.                                     
                  (d)  Definitions.                                   
    2734.       Programs for persons who may have been exposed to
                 radiation released from Hanford Nuclear Reservation. 
                  (a)  Funding.                                       
                  (b)  Programs.                                      
                  (c)  Plan and reports.                              
                  (d)  Prohibition on disclosure of exposure
                        information.                                  

         SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS     

       PART A - RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS   
    2741.       Definitions.                                          
    2742.       Reprogramming.                                        
                  (a)  In general.                                    
                  (b)  Exception where notice-and-wait given.         
                  (c)  Report.                                        
                  (d)  Computation of days.                           
                  (e)  Limitations.                                   
    2743.       Minor construction projects.                          
                  (a)  Authority.                                     
                  (b)  Annual report.                                 
                  (c)  Cost variation reports to congressional
                        committees.                                   
                  (d)  Minor construction project defined.            
    2744.       Limits on construction projects.                      
                  (a)  Construction cost ceiling.                     
                  (b)  Exception where notice-and-wait given.         
                  (c)  Computation of days.                           
                  (d)  Exception for minor projects.                  
    2745.       Fund transfer authority.                              
                  (a)  Transfer to other Federal agencies.            
                  (b)  Transfer within Department of Energy.          
                  (c)  Limitations.                                   
                  (d)  Notice to Congress.                            
    2746.       Conceptual and construction design.                   
                  (a)  Conceptual design.                             
                  (b)  Construction design.                           
    2747.       Authority for emergency planning, design, and
                 construction activities.                             
                  (a)  Authority.                                     
                  (b)  Limitation.                                    
                  (c)  Specific authority.                            
    2748.       Scope of authority to carry out plant projects.       
    2749.       Availability of funds.                                
                  (a)  In general.                                    
                  (b)  Exception for program direction funds.         
    2750.       Transfer of defense environmental management funds.   
                  (a)  Transfer authority for defense environmental
                        management funds.                             
                  (b)  Limitations.                                   
                  (c)  Exemption from reprogramming requirements.     
                  (d)  Notification.                                  
                  (e)  Definitions.                                   
    2751.       Transfer of weapons activities funds.                 
                  (a)  Transfer authority for weapons activities
                        funds.                                        
                  (b)  Limitations.                                   
                  (c)  Exemption from reprogramming requirements.     
                  (d)  Notification.                                  
                  (e)  Definitions.                                   
    2752.       Funds available for all national security programs of
                 the Department of Energy.                            

                            PART B - PENALTIES                        
    2761.       Restriction on use of funds to pay penalties under
                 environmental laws.                                  
                  (a)  Restriction.                                   
                  (b)  Exception.                                     
    2762.       Restriction on use of funds to pay penalties under
                 Clean Air Act.                                       

                          PART C - OTHER MATTERS                      
    2771.       Single request for authorization of appropriations for
                 common defense and security programs.                

                 SUBCHAPTER VIII - ADMINISTRATIVE MATTERS             

                            PART A - CONTRACTS                        
    2781.       Costs not allowed under covered contracts.            
                  (a)  In general.                                    
                  (b)  Regulations; costs of information provided to
                        Congress or State legislatures and related
                        costs.                                        
                  (c)  "Covered contract" defined.                    
                  (d)  Effective date.                                
    2782.       Prohibition and report on bonuses to contractors
                 operating defense nuclear facilities.                
                  (a)  Prohibition.                                   
                  (b)  Report on Rocky Flats bonuses.                 
                  (c)  "Department of Energy defense nuclear facility"
                        defined.                                      
                  (d)  Regulations.                                   
    2783.       Contractor liability for injury or loss of property
                 arising out of atomic weapons testing programs.      
                  (a)  Short title.                                   
                  (b)  Federal remedies applicable; exclusiveness of
                        remedies.                                     
                  (c)  Procedure.                                     
                  (d)  Actions covered.                               
                  (e)  "Contractor" defined.                          

                     PART B - RESEARCH AND DEVELOPMENT                 
    2791.       Laboratory-directed research and development programs.
                  (a)  Authority.                                     
                  (b)  Regulations.                                   
                  (c)  Funding.                                       
                  (d)  "Laboratory-directed research and development"
                        defined.                                      
    2791a.      Laboratory-directed research and development.         
    2792.       Limitations on use of funds for laboratory directed
                 research and development purposes.                   
                  (a)  General limitations.                           
                  (b)  Limitation in fiscal year 1998 pending
                        submittal of annual report.                   
                  (c)  Omitted.                                       
                  (d)  Assessment of funding level for laboratory
                        directed research and development.            
                  (e)  "Laboratory directed research and development"
                        defined.                                      
    2793.       Limitation on use of funds for certain research and
                 development purposes.                                
                  (a)  Limitation.                                    
                  (b)  Annual report.                                 
    2794.       Critical technology partnerships.                     
                  (a)  Partnerships.                                  
                  (b)  Definitions.                                   
    2795.       University-based research collaboration program.      
                  (a)  Findings.                                      
                  (b)  Program.                                       
                  (c)  Funding.                                       

                      PART C - FACILITIES MANAGEMENT                  
    2811.       Transfers of real property at certain Department of
                 Energy facilities.                                   
                  (a)  Transfer regulations.                          
                  (b)  Indemnification.                               
                  (c)  Conditions.                                    
                  (d)  Authority of Secretary of Energy.              
                  (e)  Relationship to other law.                     
                  (f)  Definitions.                                   
    2812.       Engineering and manufacturing research, development,
                 and demonstration by plant managers of certain
                 nuclear weapons production plants.                   
                  (a)  Authority for programs at nuclear weapons
                        productions facilities.                       
                  (b)  Projects and activities.                       
                  (c)  Funding.                                       
                  (d)  Report.                                        
                  (e)  Definition.                                    
    2813.       Pilot program relating to use of proceeds of disposal
                 or utilization of certain Department of Energy
                 assets.                                              
                  (a)  Purpose.                                       
                  (b)  Use of proceeds to defray costs.               
                  (c)  Covered transactions.                          
                  (d)  Applicability of disposal authority.           
                  (e)  Report.                                        

                          PART D - OTHER MATTERS                      
    2821.       Semiannual reports on local impact assistance.        
    2822.       Payment of costs of operation and maintenance of
                 infrastructure at Nevada Test Site.                  

-End-

-CITE-
    50 USC Sec. 2501                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS

-HEAD-
    Sec. 2501. Definition

-STATUTE-
      In this chapter, the term "congressional defense committees"
    means - 
        (1) the Committee on Armed Services and the Committee on
      Appropriations of the Senate; and
        (2) the Committee on Armed Services and the Committee on
      Appropriations of the House of Representatives.

-SOURCE-
    (Pub. L. 107-314, div. D, Sec. 4002, as added Pub. L. 108-136, div.
    C, title XXXI, Sec. 3141(c)(2), Nov. 24, 2003, 117 Stat. 1756.)

-MISC1-
                                SHORT TITLE                            
      Pub. L. 107-314, div. D, Sec. 4001(a), formerly div. C, title
    XXXVI, Sec. 3601, Dec. 2, 2002, 116 Stat. 2756, renumbered div. D,
    Sec. 4001, and amended by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(c)(1)(A)-(D)(ii), Nov. 24, 2003, 117 Stat. 1753, provided
    that: "This division [enacting this chapter] may be cited as the
    'Atomic Energy Defense Act'."

     TRANSFER AND CONSOLIDATION OF RECURRING AND GENERAL PROVISIONS ON
              DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
      Pub. L. 108-136, div. C, title XXXI, Sec. 3141(a), Nov. 24, 2003,
    117 Stat. 1752, provided that:
      "(1) In general. - The purpose of this section [see Tables for
    classification] is to assemble together, without substantive
    amendment but with technical and conforming amendments of a non-
    substantive nature, recurring and general provisions of law on
    Department of Energy national security programs that remain in
    force in order to consolidate and organize such provisions of law
    into a single Act intended to comprise general provisions of law on
    such programs.
      "(2) Construction of transfers. - The transfer of a provision of
    law by this section shall not be construed as amending, altering,
    or otherwise modifying the substantive effect of such provision.
      "(3) Treatment of satisfied requirements. - Any requirement in a
    provision of law transferred under this section (including a
    requirement that an amendment to law be executed) that has been
    fully satisfied in accordance with the terms of such provision of
    law as of the date of transfer under this section shall be treated
    as so fully satisfied, and shall not be treated as being revived
    solely by reason of transfer under this section.
      "(4) Classification. - The provisions of the Atomic Energy
    Defense Act [Pub. L. 107-314, div. D, 50 U.S.C. 2501 et seq.], as
    amended by this section, shall be classified to the United States
    Code as a new chapter of title 50, United States Code."

-End-

-CITE-
    50 USC SUBCHAPTER I - ORGANIZATIONAL MATTERS                01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER I - ORGANIZATIONAL MATTERS

-HEAD-
                   SUBCHAPTER I - ORGANIZATIONAL MATTERS               

-End-

-CITE-
    50 USC Sec. 2511                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER I - ORGANIZATIONAL MATTERS

-HEAD-
    Sec. 2511. Naval Nuclear Propulsion Program

-STATUTE-
      The provisions of Executive Order Numbered 12344, dated February
    1, 1982, pertaining to the Naval Nuclear Propulsion Program, shall
    remain in force until changed by law.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLI, Sec. 4101, formerly Pub. L. 98-
    525, title XVI, Sec. 1634, Oct. 19, 1984, 98 Stat. 2649;
    renumbered Pub. L. 107-314, div. D, title XLI, Sec. 4101, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(d)(2), Nov.
    24, 2003, 117 Stat. 1757.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order Numbered 12344, referred to in text, is set out
    as a note below.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7158 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      All national security functions and activities performed
    immediately before Oct. 5, 1999, by the Office of Naval Reactors
    transferred to the Administrator for Nuclear Security of the
    National Nuclear Security Administration of the Department of
    Energy, and the Deputy Administrator for Naval Reactors of the
    Administration to be assigned the responsibilities, authorities,
    and accountability for all functions of the Office of Naval
    Reactors under Executive Order No. 12344, set out below, see
    sections 2406 and 2481 of this title.

-MISC1-
               EXECUTIVE ORDER NO. 12344 TO REMAIN IN FORCE           
      Except as otherwise specified in section 2406 of this title and
    notwithstanding any other provision of title XXXII of Pub. L. 106-
    65 (see Short Title note set out under section 2401 of this
    title), the provisions of Executive Order No. 12344 (set out below)
    to remain in full force and effect until changed by law, see
    section 2406 of this title.

-EXEC-
           EX. ORD. NO. 12344. NAVAL NUCLEAR PROPULSION PROGRAM       
      Ex. Ord. No. 12344, Feb. 1, 1982, 47 F.R. 4979, provided:
      By the authority vested in me as President and as Commander in
    Chief of the Armed Forces of the United States of America, with
    recognition of the crucial importance to national security of the
    Naval Nuclear Propulsion Program, and for the purpose of preserving
    the basic structure, policies, and practices developed for this
    Program in the past and assuring that the Program will continue to
    function with excellence, it is hereby ordered as follows:
      Section 1. The Naval Nuclear Propulsion Program is an integrated
    program carried out by two organizational units, one in the
    Department of Energy and the other in the Department of the Navy.
      Sec. 2. Both organizational units shall be headed by the same
    individual so that the activities of each may continue in practice
    under common management. This individual shall direct the Naval
    Nuclear Propulsion Program in both departments. The director shall
    be qualified by reason of technical background and experience in
    naval nuclear propulsion. The director may be either a civilian or
    an officer of the United States Navy, active or retired.
      Sec. 3. The Secretary of the Navy (through the Secretary of
    Defense) and the Secretary of Energy shall obtain the approval of
    the President to appoint the director of the Naval Nuclear
    Propulsion Program for their respective Departments. The director
    shall be appointed to serve a term of eight years, except that the
    Secretary of Energy and the Secretary of the Navy may, with mutual
    concurrence, terminate or extend the term of the respective
    appointments.
      Sec. 4. An officer of the United States Navy appointed as
    director shall be nominated for the grade of Admiral. A civilian
    serving as director shall be compensated at a rate to be specified
    at the time of appointment.
      Sec. 5. Within the Department of Energy, the Secretary of Energy
    shall assign to the director the responsibility of performing the
    functions of the Division of Naval Reactors transferred to the
    Department of Energy by Section 309(a) of the Department of Energy
    Organization Act (42 U.S.C. 7158), including assigned civilian
    power reactor programs, and any naval nuclear propulsion functions
    of the Department of Energy, including:
      (a) direct supervision over the Bettis and Knolls Atomic Power
    Laboratories, the Expended Core Facility and naval reactor
    prototype plants;
      (b) research, development, design, acquisition, specification,
    construction, inspection, installation, certification, testing,
    overhaul, refueling, operating practices and procedures,
    maintenance, supply support, and ultimate disposition, of naval
    nuclear propulsion plants, including components thereof, and any
    special maintenance and service facilities related thereto;
      (c) the safety of reactors and associated navel [naval] nuclear
    propulsion plants, and control of radiation and radioactivity
    associated with naval nuclear propulsion activities, including
    prescribing and enforcing standards and regulations for these areas
    as they affect the environment and the safety and health of
    workers, operators, and the general public;
      (d) training, including training conducted at the naval prototype
    reactors of the Department of Energy, and assistance and
    concurrence in the selection, training, qualification, and
    assignment of personnel reporting to the director and of personnel
    who supervise, operate, or maintain naval nuclear propulsion
    plants; and
      (e) administration of the Naval Nuclear Propulsion Program,
    including oversight of program support in areas such as security,
    nuclear safeguards and transportation, public information,
    procurement, logistics and fiscal management.
      Sec. 6. Within the Department of Energy, the director shall
    report to the Secretary of Energy, through the Assistant Secretary
    assigned nuclear energy functions and shall serve as a Deputy
    Assistant Secretary. The director shall have direct access to the
    Secretary of Energy and other senior officials in the Department of
    Energy concerning naval nuclear propulsion matters, and to all
    other personnel who supervise, operate or maintain naval nuclear
    propulsion plants and support facilities for the Department of
    Energy.
      Sec. 7. Within the Department of the Navy, the Secretary of the
    Navy shall assign to the director responsibility to supervise all
    technical aspects of the Navy's nuclear propulsion work, including:
      (a) research, development, design, procurement, specification,
    construction, inspection, installation, certification, testing,
    overhaul, refueling, operating practices and procedures,
    maintenance, supply support, and ultimate disposition, of naval
    nuclear propulsion plants, including components thereof, and any
    special maintenance and service facilities related thereto; and
      (b) training programs, including Nuclear Power Schools of the
    Navy, and assistance and concurrence in the selection, training,
    qualification, and assignment of personnel reporting to the
    director and of Government personnel who supervise, operate, or
    maintain naval nuclear propulsion plants.
      Sec. 8. Within the Department of the Navy, the Secretary of the
    Navy shall assign to the director responsibility within the Navy
    for:
      (a) the safety of reactors and associated naval nuclear
    propulsion plants, and control of radiation and radioactivity
    associated with naval nuclear propulsion activities, including
    prescribing and enforcing standards and regulations for these areas
    as they affect the environment and the safety and health of
    workers, operators, and the general public.
      (b) administration of the Naval Nuclear Propulsion Program,
    including oversight of program support in areas such as security,
    nuclear safeguards and transportation, public information,
    procurement, logistics, and fiscal management.
      Sec. 9. In addition to any other organizational assignments
    within the Department of the Navy, the director shall report
    directly to the Chief of Naval Operations. The director shall have
    direct access to the Secretary of the Navy and other senior
    officials in the Department of the Navy concerning naval nuclear
    propulsion matters, and to all other Government personnel who
    supervise, operate, or maintain naval nuclear propulsion plants and
    support facilities.
      Sec. 10. This Order is effective on February 1, 1982.
                                                          Ronald Reagan.

-End-

-CITE-
    50 USC Sec. 2512                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER I - ORGANIZATIONAL MATTERS

-HEAD-
    Sec. 2512. Reorganization of field activities and management of
      national security functions

-STATUTE-
    (a) Limitation on delegation of authority
      (1) The Secretary of Energy, in carrying out national security
    programs, may delegate specific management and planning authority
    over matters relating to site operation of the facilities and
    laboratories covered by this section only to the Assistant
    Secretary of Energy for Defense Programs. Such Assistant Secretary
    may redelegate such authority only to managers of area offices of
    the Department of Energy located at such facilities and
    laboratories.
      (2) Nothing in this section may be construed as affecting the
    delegation by the Secretary of Energy of authority relating to
    reporting, management, and oversight of matters relating to the
    Department of Energy generally, or safety, environment, and health
    at such facilities and laboratories.
    (b) Requirement to consult with area offices
      The Assistant Secretary of Energy for Defense Programs, in
    exercising any delegated authority to oversee management of matters
    relating to site operation of a facility or laboratory, shall
    exercise such authority only after direct consultation with the
    manager of the area office of the Department of Energy located at
    the facility or laboratory.
    (c) Requirement for direct communication from area offices
      The Secretary of Energy, acting through the Assistant Secretary
    of Energy for Defense Programs, shall require the head of each area
    office of the Department of Energy located at each facility and
    laboratory covered by this section to report on matters relating to
    site operation other than those matters set forth in subsection
    (a)(2) directly to the Assistant Secretary of Energy for Defense
    Programs, without obtaining the approval or concurrence of any
    other official within the Department of Energy.
    (d) Defense programs reorganization plan and report
      (1) The Secretary of Energy shall develop a plan to reorganize
    the field activities and management of the national security
    functions of the Department of Energy.
      (2) Not later than January 21, 1997, the Secretary shall submit
    to Congress a report on the plan developed under paragraph (1). The
    report shall specifically identify all significant functions
    performed by the operations offices relating to any of the
    facilities and laboratories covered by this section and which of
    those functions could be performed - 
        (A) by the area offices of the Department of Energy located at
      the facilities and laboratories covered by this section; or
        (B) by the Assistant Secretary of Energy for Defense Programs.

      (3) The report also shall address and make recommendations with
    respect to other internal streamlining and reorganization
    initiatives that the Department could pursue with respect to
    military or national security programs.
    (e) Defense Programs Management Council
      The Secretary of Energy shall establish a council to be known as
    the "Defense Programs Management Council". The Council shall advise
    the Secretary on policy matters, operational concerns, strategic
    planning, and development of priorities relating to the national
    security functions of the Department of Energy. The Council shall
    be composed of the directors of the facilities and laboratories
    covered by this section and shall report directly to the Assistant
    Secretary of Energy for Defense Programs.
    (f) Covered site operations
      For purposes of this section, matters relating to site operation
    of a facility or laboratory include matters relating to personnel,
    budget, and procurement in national security programs.
    (g) Covered facilities and laboratories
      This section applies to the following facilities and laboratories
    of the Department of Energy:
        (1) The Kansas City Plant, Kansas City, Missouri.
        (2) The Pantex Plant, Amarillo, Texas.
        (3) The Y-12 Plant, Oak Ridge, Tennessee.
        (4) The Savannah River Site, Aiken, South Carolina.
        (5) Los Alamos National Laboratory, Los Alamos, New Mexico.
        (6) Sandia National Laboratories, Albuquerque, New Mexico.
        (7) Lawrence Livermore National Laboratory, Livermore,
      California.
        (8) The Nevada Test Site, Nevada.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLI, Sec. 4102, formerly Pub. L.
    104-201, div. C, title XXXI, Sec. 3140, Sept. 23, 1996, 110 Stat.
    2833; renumbered Pub. L. 107-314, div. D, title XLI, Sec. 4102, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(d)(3), Nov.
    24, 2003, 117 Stat. 1757.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7252 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d)(2). Pub. L. 108-136, Sec. 3141(d)(3)(D),
    substituted "January 21, 1997," for "120 days after the date of the
    enactment of this Act,".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      All national security functions and activities performed
    immediately before Oct. 5, 1999, by covered facilities listed in
    subsec. (g) of this section transferred to the Administrator for
    Nuclear Security of the National Nuclear Security Administration of
    the Department of Energy, see section 2481 of this title.

-End-

-CITE-
    50 USC Sec. 2513                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER I - ORGANIZATIONAL MATTERS

-HEAD-
    Sec. 2513. Restriction on licensing requirement for certain defense
      activities and facilities

-STATUTE-
      None of the funds authorized to be appropriated by the Department
    of Energy National Security and Military Applications of Nuclear
    Energy Authorization Act of 1981 (Public Law 96-540) or any other
    Act may be used for any purpose related to licensing of any defense
    activity or facility of the Department of Energy by the Nuclear
    Regulatory Commission.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLI, Sec. 4103, formerly Pub. L. 96-
    540, title II, Sec. 210, Dec. 17, 1980, 94 Stat. 3202; renumbered
    Pub. L. 107-314, div. D, title XLI, Sec. 4103, and amended Pub. L.
    108-136, div. C, title XXXI, Sec. 3141(d)(4), Nov. 24, 2003, 117
    Stat. 1757.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Department of Energy National Security and Military
    Applications of Nuclear Energy Authorization Act of 1981, referred
    to in text, is Pub. L. 96-540, Dec. 17, 1980, 94 Stat. 3197, which
    enacted this section and section 2762 of this title. For complete
    classification of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7272 of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following appropriations act:
      Pub. L. 96-164, title II, Sec. 210, Dec. 29, 1979, 93 Stat. 1264.

                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3131(d)(4)(C)(iii), substituted "the
    Department of Energy National Security and Military Applications of
    Nuclear Energy Authorization Act of 1981 (Public Law 96-540) or any
    other Act" for "this or any other Act".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain functions from Nuclear Regulatory
    Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45
    F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of
    Title 42, The Public Health and Welfare.

-End-

-CITE-
    50 USC SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS    01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS

-HEAD-
             SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS         

-End-

-CITE-
    50 USC Part A - Stockpile Stewardship and Weapons
                     Production                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
           PART A - STOCKPILE STEWARDSHIP AND WEAPONS PRODUCTION       

-End-

-CITE-
    50 USC Sec. 2521                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2521. Stockpile stewardship program

-STATUTE-
    (a) Establishment
      The Secretary of Energy shall establish a stewardship program to
    ensure the preservation of the core intellectual and technical
    competencies of the United States in nuclear weapons, including
    weapons design, system integration, manufacturing, security, use
    control, reliability assessment, and certification.
    (b) Program elements
      The program shall include the following:
        (1) An increased level of effort for advanced computational
      capabilities to enhance the simulation and modeling capabilities
      of the United States with respect to the detonation of nuclear
      weapons.
        (2) An increased level of effort for above-ground experimental
      programs, such as hydrotesting, high-energy lasers, inertial
      confinement fusion, plasma physics, and materials research.
        (3) Support for new facilities construction projects that
      contribute to the experimental capabilities of the United States,
      such as an advanced hydrodynamics facility, the National Ignition
      Facility, and other facilities for above-ground experiments to
      assess nuclear weapons effects.
    (c) Authorization of appropriations
      Of funds authorized to be appropriated to the Secretary of Energy
    for fiscal year 1994 for weapons activities, $157,400,000 shall be
    available for the stewardship program established under subsection
    (a).

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4201, formerly Pub. L.
    103-160, div. C, title XXXI, Sec. 3138, Nov. 30, 1993, 107 Stat.
    1946; Pub. L. 105-85, div. C, title XXXI, Sec. 3152(e), Nov. 18,
    1997, 111 Stat. 2042; renumbered Pub. L. 107-314, div. D, title
    XLII, Sec. 4201, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(e)(2), Nov. 24, 2003, 117 Stat. 1758.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (d). Pub. L. 105-85, which directed amendment of
    this section by striking out subsecs. (d) and (e), redesignating
    subsecs. (f) to (h) as (d) to (f), respectively, and striking out
    "and the 60-day period referred to in subsection (e)(2)(A)(ii)" in
    subsec. (e), as so redesignated, was executed by striking out
    subsec. (d) which directed President to report to Congress, because
    this section did not contain subsecs. (e) to (g).

-End-

-CITE-
    50 USC Sec. 2522                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2522. Report on stockpile stewardship criteria

-STATUTE-
    (a) Requirement for criteria
      The Secretary of Energy shall develop clear and specific criteria
    for judging whether the science-based tools being used by the
    Department of Energy for determining the safety and reliability of
    the nuclear weapons stockpile are performing in a manner that will
    provide an adequate degree of certainty that the stockpile is safe
    and reliable.
    (b) Coordination with Secretary of Defense
      The Secretary of Energy, in developing the criteria required by
    subsection (a), shall coordinate with the Secretary of Defense.
    (c) Report
      Not later than March 1, 2000, the Secretary of Energy shall
    submit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a
    report on the efforts by the Department of Energy to develop the
    criteria required by subsection (a). The report shall include - 
        (1) a description of the information needed to determine that
      the nuclear weapons stockpile is safe and reliable and the
      relationship of the science-based tools to the collection of that
      information; and
        (2) a description of the criteria required by subsection (a) to
      the extent they have been developed as of the date of the
      submission of the report.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4202, formerly Pub. L.
    105-261, div. C, title XXXI, Sec. 3158, Oct. 17, 1998, 112 Stat.
    2257; Pub. L. 106-65, div. A, title X, Sec. 1067(3), Oct. 5, 1999,
    113 Stat. 774; renumbered Pub. L. 107-314, div. D, title XLII, Sec.
    4202, by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(3), Nov.
    24, 2003, 117 Stat. 1758.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (c). Pub. L. 106-65 substituted "Committee on
    Armed Services" for "Committee on National Security" before "of the
    House of Representatives".

-End-

-CITE-
    50 USC Sec. 2523                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2523. Plan for stewardship, management, and certification of
      warheads in the nuclear weapons stockpile

-STATUTE-
    (a) Plan requirement
      The Secretary of Energy shall develop and annually update a plan
    for maintaining the nuclear weapons stockpile. The plan shall
    cover, at a minimum, stockpile stewardship, stockpile management,
    and program direction and shall be consistent with the programmatic
    and technical requirements of the most recent annual Nuclear
    Weapons Stockpile Memorandum.
    (b) Plan elements
      The plan and each update of the plan shall set forth the
    following:
        (1) The number of warheads (including active and inactive
      warheads) for each warhead type in the nuclear weapons stockpile.
        (2) The current age of each warhead type, and any plans for
      stockpile lifetime extensions and modifications or replacement of
      each warhead type.
        (3) The process by which the Secretary of Energy is assessing
      the lifetime, and requirements for lifetime extension or
      replacement, of the nuclear and nonnuclear components of the
      warheads (including active and inactive warheads) in the nuclear
      weapons stockpile.
        (4) The process used in recertifying the safety, security, and
      reliability of each warhead type in the nuclear weapons
      stockpile.
        (5) Any concerns which would affect the ability of the
      Secretary of Energy to recertify the safety, security, or
      reliability of warheads in the nuclear weapons stockpile
      (including active and inactive warheads).
    (c) Annual submission of plan to Congress
      The Secretary of Energy shall submit to Congress the plan
    developed under subsection (a) not later than March 15, 1998, and
    shall submit an updated version of the plan not later than May 1 of
    each year thereafter. The plan shall be submitted in both
    classified and unclassified form.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4203, formerly Pub. L.
    105-85, div. C, title XXXI, Sec. 3151, Nov. 18, 1997, 111 Stat.
    2041; renumbered Pub. L. 107-314, div. D, title XLII, Sec. 4203, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(4), Nov. 24,
    2003, 117 Stat. 1758; amended Pub. L. 108-375, div. C, title XXXI,
    Sec. 3115, Oct. 28, 2004, 118 Stat. 2162.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following prior authorization act:
      Pub. L. 104-106, div. C, title XXXI, Sec. 3153, Feb. 10, 1996,
    110 Stat. 624; repealed Pub. L. 105-85, div. C, title XXXI, Sec.
    3152(c), Nov. 18, 1997, 111 Stat. 2042.

                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-375 substituted "May 1 of each
    year thereafter" for "March 15 of each year thereafter".

    INCLUSION IN 2005 STOCKPILE STEWARDSHIP PLAN OF CERTAIN INFORMATION
                RELATING TO STOCKPILE STEWARDSHIP CRITERIA
      Pub. L. 108-136, div. C, title XXXI, Sec. 3133, Nov. 24, 2003,
    117 Stat. 1751, provided that:
      "(a) Inclusion in 2005 Stockpile Stewardship Plan. - In
    submitting to Congress the updated version of the 2005 stockpile
    stewardship plan, the Secretary of Energy shall include the matters
    specified in subsection (b).
      "(b) Matters Included. - The matters referred to in subsection
    (a) are the following:
        "(1) An update of any information or criteria described in the
      report on stockpile stewardship criteria submitted under section
      4202 of the Atomic Energy Defense Act [50 U.S.C. 2522] (as
      transferred and redesignated by section 3161(e)(3) [probably
      should be "3141(e)(3)"] of this Act).
        "(2) A description of any additional information identified, or
      criteria established, on matters covered by such section 4202
      during the period beginning on the date of the submittal of the
      report under such section 4202 and ending on the date of the
      submittal of the updated version of the plan under subsection (a)
      of this section.
        "(3) For each science-based tool developed by the Department of
      Energy during such period - 
          "(A) a description of the relationship of such science-based
        tool to the collection of information needed to determine that
        the nuclear weapons stockpile is safe and reliable; and
          "(B) a description of the criteria for judging whether or not
        such science-based tool provides for the collection of such
        information.
      "(c) 2005 Stockpile Stewardship Plan Defined. - In this section,
    the term '2005 stockpile stewardship plan' means the updated
    version of the plan for maintaining the nuclear weapons stockpile
    developed under section 4203 of the Atomic Energy Defense Act [50
    U.S.C. 2523] (as transferred and redesignated by section 3161(e)(4)
    [probably should be "3141(e)(4)"] of this Act) that is required to
    be submitted to Congress not later than March 15, 2005."

-End-

-CITE-
    50 USC Sec. 2524                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2524. Nuclear weapons stockpile life extension program

-STATUTE-
    (a) Program required
      The Secretary of Energy shall, in consultation with the Secretary
    of Defense, carry out a program to provide for the extension of the
    effective life of the weapons in the nuclear weapons stockpile.
    (b) Administrative responsibility for program
      (1) The program under subsection (a) shall be carried out through
    the element of the Department of Energy with responsibility for
    defense programs.
      (2) For each budget submitted by the President to Congress under
    section 1105 of title 31, the amounts requested for the program
    shall be clearly identified in the budget justification materials
    submitted to Congress in support of that budget.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4204, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3133, Oct. 5, 1999, 113 Stat. 926;
    renumbered Pub. L. 107-314, div. D, title XLII, Sec. 4204, and
    amended Pub. L. 108-136, div. C, title XXXI, Secs. 3111,
    3141(e)(5), Nov. 24, 2003, 117 Stat. 1743, 1758.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-136, Sec. 3111, struck out
    subsec. (c), which related to a plan for the extension of the
    effective life of the weapons in the nuclear weapons stockpile.
      Subsec. (c)(1). Pub. L. 108-136, Sec. 3141(e)(5)(D), substituted
    "October 5, 1999" for "the date of the enactment of this Act".
      Subsecs. (d) to (f). Pub. L. 108-136, Sec. 3111, struck out
    subsecs. (d) to (f). Prior to amendment, subsec. (d) required
    submittal to committees of the House and Senate of a plan for the
    extension of the effective life of the weapons in the nuclear
    weapons stockpile and annual updates of the plan, subsec. (e)
    required a GAO assessment of the plan and updates, and subsec. (f)
    stated the sense of Congress regarding funding of the program under
    subsec. (a).

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-136, div. C, title XXXI, Sec. 3111, Nov. 24, 2003,
    117 Stat. 1743, provided that the amendment made by section 3111 is
    effective December 31, 2004.

-End-

-CITE-
    50 USC Sec. 2524a                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2524a. Reliable Replacement Warhead program

-STATUTE-
    (a) Program required
      The Secretary of Energy shall carry out a program, to be known as
    the Reliable Replacement Warhead program, which will have the
    following objectives:
        (1) To increase the reliability, safety, and security of the
      United States nuclear weapons stockpile.
        (2) To further reduce the likelihood of the resumption of
      underground nuclear weapons testing.
        (3) To remain consistent with basic design parameters by
      including, to the maximum extent feasible and consistent with the
      objective specified in paragraph (2), components that are well
      understood or are certifiable without the need to resume
      underground nuclear weapons testing.
        (4) To ensure that the nuclear weapons infrastructure can
      respond to unforeseen problems, to include the ability to produce
      replacement warheads that are safer to manufacture, more cost-
      effective to produce, and less costly to maintain than existing
      warheads.
        (5) To achieve reductions in the future size of the nuclear
      weapons stockpile based on increased reliability of the reliable
      replacement warheads.
        (6) To use the design, certification, and production expertise
      resident in the nuclear complex to develop reliable replacement
      components to fulfill current mission requirements of the
      existing stockpile.
        (7) To serve as a complement to, and potentially a more cost-
      effective and reliable long-term replacement for, the current
      Stockpile Life Extension Programs.
    (b) Consultation
      The Secretary of Energy shall carry out the Reliable Replacement
    Warhead program in consultation with the Secretary of Defense.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4204a, as added Pub. L.
    109-163, div. C, title XXXI, Sec. 3111(a), Jan. 6, 2006, 119 Stat.
    3539.)

-End-

-CITE-
    50 USC Sec. 2525                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2525. Annual assessments and reports to the President and
      Congress regarding the condition of the United States nuclear
      weapons stockpile

-STATUTE-
    (a) Annual assessments required
      For each nuclear weapon type in the stockpile of the United
    States, each official specified in subsection (b) on an annual
    basis shall, to the extent such official is directly responsible
    for the safety, reliability, performance, or military effectiveness
    of that nuclear weapon type, complete an assessment of the safety,
    reliability, performance, or military effectiveness (as the case
    may be) of that nuclear weapon type.
    (b) Covered officials
      The officials referred to in subsection (a) are the following:
        (1) The head of each national security laboratory.
        (2) The commander (!1) of the United States Strategic Command.

    (c) Use of teams of experts for assessments
      The head of each national security laboratory shall establish and
    use one or more teams of experts, known as "red teams", to assist
    in the assessments required by subsection (a). Each such team shall
    include experts from both of the other national security
    laboratories. Each such team for a national security laboratory
    shall - 
        (1) review the matters covered by the assessments under
      subsection (a) performed by the head of that laboratory;
        (2) subject such matters to challenge; and
        (3) submit the results of such review and challenge, together
      with the findings and recommendations of such team with respect
      to such review and challenge, to the head of that laboratory.
    (d) Report on assessments
      Not later than December 1 of each year, each official specified
    in subsection (b) shall submit to the Secretary concerned, and to
    the Nuclear Weapons Council, a report on the assessments that such
    official was required by subsection (a) to complete. The report
    shall include the following:
        (1) The results of each such assessment.
        (2)(A) Such official's determination as to whether or not one
      or more underground nuclear tests are necessary to resolve any
      issues identified in the assessments and, if so - 
          (i) an identification of the specific underground nuclear
        tests that are necessary to resolve such issues; and
          (ii) a discussion of why options other than an underground
        nuclear test are not available or would not resolve such
        issues.

        (B) An identification of the specific underground nuclear tests
      which, while not necessary, might have value in resolving any
      such issues and a discussion of the anticipated value of
      conducting such tests.
        (C) Such official's determination as to the readiness of the
      United States to conduct the underground nuclear tests identified
      under subparagraphs (A)(i) and (B), if directed by the President
      to do so.
        (3) In the case of a report submitted by the head of a national
      security laboratory - 
          (A) a concise statement regarding the adequacy of the science-
        based tools and methods being used to determine the matters
        covered by the assessments;
          (B) a concise statement regarding the adequacy of the tools
        and methods employed by the manufacturing infrastructure
        required by section 2532 of this title to identify and fix any
        inadequacy with respect to the matters covered by the
        assessments; and
          (C) a concise summary of the findings and recommendations of
        any teams under subsection (c) that relate to the assessments,
        together with a discussion of those findings and
        recommendations.

        (4) In the case of a report submitted by the Commander of the
      United States Strategic Command, a discussion of the relative
      merits of other nuclear weapon types (if any), or compensatory
      measures (if any) that could be taken, that could enable
      accomplishment of the missions of the nuclear weapon types to
      which the assessments relate, should such assessments identify
      any deficiency with respect to such nuclear weapon types.
        (5) An identification and discussion of any matter having an
      adverse effect on the capability of the official submitting the
      report to accurately determine the matters covered by the
      assessments.
    (e) Submittals to the President and Congress
      (1) Not later than March 1 of each year, the Secretary of Defense
    and the Secretary of Energy shall submit to the President - 
        (A) each report, without change, submitted to either Secretary
      under subsection (d) during the preceding year;
        (B) any comments that the Secretaries individually or jointly
      consider appropriate with respect to each such report;
        (C) the conclusions that the Secretaries individually or
      jointly reach as to the safety, reliability, performance, and
      military effectiveness of the nuclear weapons stockpile of the
      United States; and
        (D) any other information that the Secretaries individually or
      jointly consider appropriate.

      (2) Not later than March 15 of each year, the President shall
    forward to Congress the matters received by the President under
    paragraph (1) for that year, together with any comments the
    President considers appropriate.
    (f) Classified form
      Each submittal under subsection (e) shall be in classified form
    only, with the classification level required for each portion of
    such submittal marked appropriately.
    (g) Definitions
      In this section:
        (1) The term "national security laboratory" has the meaning
      given such term in section 2471 of this title.
        (2) The term "Secretary concerned" means - 
          (A) the Secretary of Energy, with respect to matters
        concerning the Department of Energy; and
          (B) the Secretary of Defense, with respect to matters
        concerning the Department of Defense.
    (h) First submissions
      (1) The first submissions made under subsection (d) shall be the
    submissions required to be made in 2003.
      (2) The first submissions made under subsection (e) shall be the
    submissions required to be made in 2004.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4205, formerly div. C,
    title XXXI, Sec. 3141, Dec. 2, 2002, 116 Stat. 2730; renumbered
    div. D, title XLII, Sec. 4205, and amended Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(e)(6), Nov. 24, 2003, 117 Stat. 1759.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274s of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d)(3)(B). Pub. L. 108-136, Sec. 3141(e)(6)(D),
    substituted "section 2532 of this title" for "section 3137 of the
    National Defense Authorization Act for Fiscal Year 1996 (42 U.S.C.
    2121 note)".

-FOOTNOTE-
    (!1) So in original. Probably should be capitalized.

-End-

-CITE-
    50 USC Sec. 2526                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2526. Form of certifications regarding the safety or
      reliability of the nuclear weapons stockpile

-STATUTE-
      Any certification submitted to the President by the Secretary of
    Defense or the Secretary of Energy regarding confidence in the
    safety or reliability of a nuclear weapon type in the United States
    nuclear weapons stockpile shall be submitted in classified form
    only.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4206, formerly Pub. L.
    106-398, Sec. 1 [div. C, title XXXI, Sec. 3194], Oct. 30, 2000, 114
    Stat. 1654, 1654A-481; renumbered Pub. L. 107-314, div. D, title
    XLII, Sec. 4206, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(e)(7), Nov. 24, 2003, 117 Stat. 1759.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-End-

-CITE-
    50 USC Sec. 2527                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2527. Nuclear test ban readiness program

-STATUTE-
    (a) Findings
      The Congress makes the following findings:
        (1) On September 17, 1987, the United States and the Soviet
      Union announced that they would resume full-scale, stage-by-stage
      negotiations on issues relating to nuclear testing, including
      further intermediate limitations on nuclear testing leading to
      the ultimate objective of a comprehensive nuclear test ban.
        (2) It was agreed that the first step in these negotiations
      would be to reach agreement on verification measures that will
      make possible the ratification of the Threshold Test Ban Treaty
      of 1974 and the Peaceful Nuclear Explosions Treaty of 1976.
        (3) To achieve the agreement on verification measures, the
      United States and the Soviet Union have agreed to design and
      conduct a Joint Verification Experiment at the test sites of each
      country during the summer of 1988.
        (4) At the Moscow summit in May 1988, President Reagan and
      General Secretary Gorbachev reaffirmed their commitment to
      negotiations on "effective verification measures which will make
      it possible to ratify the Threshold Test Ban Treaty of 1974 and
      Peaceful Nuclear Explosions Treaty of 1976, and proceed to
      negotiating further intermediate limitations on nuclear testing
      leading to the ultimate objective of the complete cessation of
      nuclear testing as part of an effective disarmament process".
    (b) Establishment of program
      The Secretary of Energy shall establish and support a program to
    assure that the United States is in a position to maintain the
    reliability, safety, and continued deterrent effect of its
    stockpile of existing nuclear weapons designs in the event that a
    low-threshold or comprehensive ban on nuclear explosives testing is
    negotiated and ratified within the framework agreed to by the
    United States and the Soviet Union.
    (c) Purposes of program
      The purposes of the program under subsection (b) shall be the
    following:
        (1) To assure that the United States maintains a vigorous
      program of stockpile inspection and non-explosive testing so
      that, if a low-threshold or comprehensive test ban is entered
      into, the United States remains able to detect and identify
      potential problems in stockpile reliability and safety in
      existing designs of nuclear weapons.
        (2) To assure that the specific materials, components,
      processes, and personnel needed for the remanufacture of existing
      nuclear weapons or the substitution of alternative nuclear
      warheads are available to support such remanufacture or
      substitution if such action becomes necessary in order to satisfy
      reliability and safety requirements under a low-threshold or
      comprehensive test ban agreement.
        (3) To assure that a vigorous program of research in areas
      related to nuclear weapons science and engineering is supported
      so that, if a low-threshold or comprehensive test ban agreement
      is entered into, the United States is able to maintain a base of
      technical knowledge about nuclear weapons design and nuclear
      weapons effects.
    (d) Conduct of program
      The Secretary of Energy shall carry out the program provided for
    in subsection (b). The program shall be carried out with the
    participation of representatives of the Department of Defense, the
    nuclear weapons production facilities, and the national nuclear
    weapons laboratories.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4207, formerly Pub. L.
    100-456, div. A, title XIV, Sec. 1436, Sept. 29, 1988, 102 Stat.
    2075; Pub. L. 105-85, div. C, title XXXI, Sec. 3152(i), Nov. 18,
    1997, 111 Stat. 2042; renumbered Pub. L. 107-314, div. D, title
    XLII, Sec. 4207, and amended Pub. L. 108-136, div. C, title XXXI,
    Sec. 3141(e)(8), Nov. 24, 2003, 117 Stat. 1759.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(e)(8)(D), made technical
    amendment to section catchline.
      1997 - Subsec. (e). Pub. L. 105-85 struck out heading and text of
    subsec. (e). Text read as follows: "The Secretary of Energy shall
    submit to Congress each year an unclassified report (with a
    classified annex as necessary) that describes the progress made to
    the date of the report in achieving the purposes of the program
    required to be established under subsection (b)."

-End-

-CITE-
    50 USC Sec. 2528                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2528. Study on nuclear test readiness postures

-STATUTE-
    (a) Report
      Not later than February 15, 1996, the Secretary of Energy shall
    submit to Congress a report on the costs, programmatic issues, and
    other issues associated with sustaining the capability of the
    Department of Energy - 
        (1) to conduct an underground nuclear test 6 months after the
      date on which the President determines that such a test is
      necessary to ensure the national security of the United States;
        (2) to conduct such a test 18 months after such date; and
        (3) to conduct such a test 36 months after such date.
    (b) Biennial update report
      (1) Not later than February 15 of each odd-numbered year, the
    Secretary shall submit to the congressional defense committees a
    report containing an update of the report required under subsection
    (a), as updated by any report previously submitted under this
    paragraph.
      (2) Each report under paragraph (1) shall include, as of the date
    of such report, the following:
        (A) A list and description of the workforce skills and
      capabilities that are essential to carry out underground nuclear
      tests at the Nevada Test Site.
        (B) A list and description of the infrastructure and physical
      plant that are essential to carry out underground nuclear tests
      at the Nevada Test Site.
        (C) A description of the readiness status of the skills and
      capabilities described in subparagraph (A) and of the
      infrastructure and physical plant described in subparagraph (B).

      (3) Each report under paragraph (1) shall be submitted in
    unclassified form, but may include a classified annex.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4208, formerly Pub. L.
    104-106, div. C, title XXXI, Sec. 3152, Feb. 10, 1996, 110 Stat.
    623; Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3192], Oct.
    30, 2000, 114 Stat. 1654, 1654A-480; renumbered Pub. L. 107-314,
    div. D, title XLII, Sec. 4208, by Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(e)(9), Nov. 24, 2003, 117 Stat. 1759.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-398 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).

-End-

-CITE-
    50 USC Sec. 2528a                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2528a. Readiness posture for resumption by the United States
      of underground nuclear weapons tests

-STATUTE-
    (a) Readiness posture required
      Commencing not later than October 1, 2006, the Secretary of
    Energy shall achieve, and thereafter maintain, a readiness posture
    of not more than 18 months for resumption by the United States of
    underground tests of nuclear weapons.
    (b) Description of requirement
      For purposes of this section, a readiness posture of not more
    than 18 months for resumption by the United States of underground
    tests of nuclear weapons is achieved when the Department of Energy
    has the capability to resume such tests, if directed by the
    President to resume such tests, not later than 18 months after the
    date on which the President so directs.

-SOURCE-
    (Pub. L. 108-136, div. C, title XXXI, Sec. 3113, Nov. 24, 2003, 117
    Stat. 1743.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 2004, and not as part of the Atomic Energy
    Defense Act which comprises this chapter.

-End-

-CITE-
    50 USC Sec. 2529                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2529. Requirements for specific request for new or modified
      nuclear weapons

-STATUTE-
    (a) Requirement for request for funds for development
      (1) In any fiscal year after fiscal year 2002 in which the
    Secretary of Energy plans to carry out activities described in
    paragraph (2) relating to the development of a new nuclear weapon
    or modified nuclear weapon, the Secretary shall specifically
    request funds for such activities in the budget of the President
    for that fiscal year under section 1105(a) of title 31.
      (2) The activities described in this paragraph are as follows:
        (A) The conduct, or provision for conduct, of research and
      development which could lead to the production of a new nuclear
      weapon by the United States.
        (B) The conduct, or provision for conduct, of engineering or
      manufacturing to carry out the production of a new nuclear weapon
      by the United States.
        (C) The conduct, or provision for conduct, of research and
      development which could lead to the production of a modified
      nuclear weapon by the United States.
        (D) The conduct, or provision for conduct, of engineering or
      manufacturing to carry out the production of a modified nuclear
      weapon by the United States.
    (b) Budget request format
      The Secretary shall include in a request for funds under
    subsection (a) the following:
        (1) In the case of funds for activities described in
      subparagraph (A) or (C) of subsection (a)(2), a single dedicated
      line item for all such activities for new nuclear weapons or
      modified nuclear weapons that are in phase 1, 2, or 2A or phase
      6.1, 6.2, or 6.2A (as the case may be), or any concept work prior
      to phase 1 or 6.1 (as the case may be), of the nuclear weapons
      acquisition process.
        (2) In the case of funds for activities described in
      subparagraph (B) or (D) of subsection (a)(2), a dedicated line
      item for each such activity for a new nuclear weapon or modified
      nuclear weapon that is in phase 3 or higher or phase 6.3 or
      higher (as the case may be) of the nuclear weapons acquisition
      process.
    (c) Exception
      Subsection (a) shall not apply to funds for purposes of
    conducting, or providing for the conduct of, research and
    development, or manufacturing and engineering, determined by the
    Secretary to be necessary - 
        (1) for the nuclear weapons life extension program;
        (2) to modify an existing nuclear weapon solely to address
      safety or reliability concerns; or
        (3) to address proliferation concerns.
    (d) Definitions
      In this section:
        (1) The term "life extension program" means the program to
      repair or replace non-nuclear components, or to modify the pit or
      canned subassembly, of nuclear weapons that are in the nuclear
      weapons stockpile on December 2, 2002, in order to assure that
      such nuclear weapons retain the ability to meet the military
      requirements applicable to such nuclear weapons when first placed
      in the nuclear weapons stockpile.
        (2) The term "modified nuclear weapon" means a nuclear weapon
      that contains a pit or canned subassembly, either of which - 
          (A) is in the nuclear weapons stockpile as of December 2,
        2002; and
          (B) is being modified in order to meet a military requirement
        that is other than the military requirements applicable to such
        nuclear weapon when first placed in the nuclear weapons
        stockpile.

        (3) The term "new nuclear weapon" means a nuclear weapon that
      contains a pit or canned subassembly, either of which is neither -
       
          (A) in the nuclear weapons stockpile on December 2, 2002; nor
          (B) in production as of that date.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4209, formerly div. C,
    title XXXI, Sec. 3143, Dec. 2, 2002, 116 Stat. 2733; renumbered
    div. D, title XLII, Sec. 4209, by Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(e)(10), Nov. 24, 2003, 117 Stat. 1759.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7271d of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
          LIMITATION ON DEVELOPMENT OF LOW-YIELD NUCLEAR WEAPONS      
      Pub. L. 108-136, div. C, title XXXI, Sec. 3116(c), Nov. 24, 2003,
    117 Stat. 1746, provided that: "The Secretary of Energy may not
    commence the engineering development phase, or any subsequent
    phase, of a low-yield nuclear weapon unless specifically authorized
    by Congress."

-End-

-CITE-
    50 USC Sec. 2530                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2530. Limitation on underground nuclear weapons tests

-STATUTE-
      No underground test of nuclear weapons may be conducted by the
    United States after September 30, 1996, unless a foreign state
    conducts a nuclear test after this date, at which time the
    prohibition on United States nuclear testing is lifted.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4210, formerly Pub. L.
    102-377, title V, Sec. 507(f), Oct. 2, 1992, 106 Stat. 1345;
    renumbered Pub. L. 107-314, div. D, title XLII, Sec. 4210, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(11), Nov.
    24, 2003, 117 Stat. 1760.)

-COD-
                               CODIFICATION                           
      Section was formerly set out in a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.
      Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(11), Nov. 24,
    2003, 117 Stat. 1760, which directed the transfer to this section
    of section 507(f) of the Energy and Water Development
    Appropriations Act, 1993, "(Public Law 102-337; 106 Stat. 1345)",
    was executed by transferring section 507(f) of Pub. L. 102-377 to
    this section, to reflect the probable intent of Congress.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(e)(11)(C)(i), inserted section
    catchline.

-End-

-CITE-
    50 USC Sec. 2531                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2531. Testing of nuclear weapons

-STATUTE-
    (a) In general
      Of the funds authorized to be appropriated under section
    3101(a)(2) of the National Defense Authorization Act for Fiscal
    Year 1994 (Public Law 103-160) for the Department of Energy for
    fiscal year 1994 for weapons testing, $211,326,000 shall be
    available for infrastructure maintenance at the Nevada Test Site,
    and for maintaining the technical capability to resume underground
    nuclear testing at the Nevada Test Site.
    (b) Atmospheric testing of nuclear weapons
      None of the funds appropriated pursuant to the National Defense
    Authorization Act for Fiscal Year 1994 or any other Act for any
    fiscal year may be available to maintain the capability of the
    United States to conduct atmospheric testing of a nuclear weapon.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4211, formerly Pub. L.
    103-160, div. C, title XXXI, Sec. 3137, Nov. 30, 1993, 107 Stat.
    1946; renumbered Pub. L. 107-314, div. D, title XLII, Sec. 4211,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(12),
    Nov. 24, 2003, 117 Stat. 1760.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Defense Authorization Act for Fiscal Year 1994,
    referred to in text, is Pub. L. 103-160, Nov. 30, 1993, 107 Stat.
    1547. Section 3101(a)(2) of the Act, 107 Stat. 1936, is not
    classified to the Code. For complete classification of this Act to
    the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-136, Sec. 3141(e)(12)(D)(i),
    inserted "of the National Defense Authorization Act for Fiscal Year
    1994 (Public Law 103-160)" after "section 3101(a)(2)".
      Subsec. (b). Pub. L. 108-136, Sec. 3141(e)(12)(D)(ii),
    substituted "the National Defense Authorization Act for Fiscal Year
    1994" for "this Act".

-End-

-CITE-
    50 USC Sec. 2532                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2532. Manufacturing infrastructure for refabrication and
      certification of nuclear weapons stockpile

-STATUTE-
    (a) Manufacturing program
      (1) The Secretary of Energy shall carry out a program for
    purposes of establishing within the Government a manufacturing
    infrastructure that has the capabilities of meeting the following
    objectives as specified in the Nuclear Posture Review:
        (A) To provide a stockpile surveillance engineering base.
        (B) To refabricate and certify weapon components and types in
      the enduring nuclear weapons stockpile, as necessary.
        (C) To fabricate and certify new nuclear warheads, as
      necessary.
        (D) To support nuclear weapons.
        (E) To supply sufficient tritium in support of nuclear weapons
      to ensure an upload hedge in the event circumstances require.

      (2) The purpose of the program carried out under paragraph (1)
    shall also be to develop manufacturing capabilities and capacities
    necessary to meet the requirements specified in the annual Nuclear
    Weapons Stockpile Review.
    (b) Required capabilities
      The manufacturing infrastructure established under the program
    under subsection (a) shall include the following capabilities
    (modernized to attain the objectives referred to in that
    subsection):
        (1) The weapons assembly capabilities of the Pantex Plant.
        (2) The weapon secondary fabrication capabilities of the Y-12
      Plant, Oak Ridge, Tennessee.
        (3) The capabilities of the Savannah River Site relating to
      tritium recycling and fissile materials components processing and
      fabrication.
        (4) The non-nuclear component capabilities of the Kansas City
      Plant.
    (c) Nuclear Posture Review
      For purposes of subsection (a), the term "Nuclear Posture Review"
    means the Department of Defense Nuclear Posture Review as contained
    in the Report of the Secretary of Defense to the President and the
    Congress dated February 19, 1995, or subsequent such reports.
    (d) Funding
      Of the funds authorized to be appropriated under section 3101(b)
    of the National Defense Authorization Act for Fiscal Year 1996
    (Public Law 104-106), $143,000,000 shall be available for carrying
    out the program required under this section, of which - 
        (1) $35,000,000 shall be available for activities at the Pantex
      Plant;
        (2) $30,000,000 shall be available for activities at the Y-12
      Plant, Oak Ridge, Tennessee;
        (3) $35,000,000 shall be available for activities at the
      Savannah River Site; and
        (4) $43,000,000 shall be available for activities at the Kansas
      City Plant.
    (e) Plan and report
      The Secretary shall develop a plan for the implementation of this
    section. Not later than March 1, 1996, the Secretary shall submit
    to Congress a report on the obligations the Secretary has incurred,
    and plans to incur, during fiscal year 1996 for the program
    referred to in subsection (a).

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4212, formerly Pub. L.
    104-106, div. C, title XXXI, Sec. 3137, Feb. 10, 1996, 110 Stat.
    620; Pub. L. 104-201, div. C, title XXXI, Sec. 3132(a), (b), Sept.
    23, 1996, 110 Stat. 2829; renumbered Pub. L. 107-314, div. D, title
    XLII, Sec. 4212, and amended Pub. L. 108-136, div. C, title XXXI,
    Sec. 3141(e)(13), Nov. 24, 2003, 117 Stat. 1760.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3101(b) of the National Defense Authorization Act for
    Fiscal Year 1996, referred to in subsec. (d), is section 3101(b) of
    Pub. L. 104-106, div. C, title XXXI, Feb. 10, 1996, 110 Stat. 609,
    which is not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d). Pub. L. 108-136, Sec. 3141(e)(13)(D),
    inserted "of the National Defense Authorization Act for Fiscal Year
    1996 (Public Law 104-106)" after "section 3101(b)".
      1996 - Subsec. (a). Pub. L. 104-201, Sec. 3132(a), designated
    existing provisions as par. (1), redesignated former pars. (1) to
    (5) as subpars. (A) to (E), respectively, and added par. (2).
      Subsec. (b)(3). Pub. L. 104-201, Sec. 3132(b), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "The
    tritium production, recycling, and other weapons-related
    capabilities of the Savannah River Site."

-End-

-CITE-
    50 USC Sec. 2533                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part A - Stockpile Stewardship and Weapons Production

-HEAD-
    Sec. 2533. Reports on critical difficulties at nuclear weapons
      laboratories and nuclear weapons production plants

-STATUTE-
    (a) Reports by heads of laboratories and plants
      In the event of a difficulty at a nuclear weapons laboratory or a
    nuclear weapons production plant that has a significant bearing on
    confidence in the safety or reliability of a nuclear weapon or
    nuclear weapon type, the head of the laboratory or plant, as the
    case may be, shall submit to the Assistant Secretary of Energy for
    Defense Programs a report on the difficulty. The head of the
    laboratory or plant shall submit the report as soon as practicable
    after discovery of the difficulty.
    (b) Transmittal by Assistant Secretary
      Not later than 10 days after receipt of a report under subsection
    (a), the Assistant Secretary shall transmit the report (together
    with the comments of the Assistant Secretary) to the congressional
    defense committees, to the Secretary of Energy and the Secretary of
    Defense, and to the President.
    (c) Omitted
    (d) Inclusion of reports in annual stockpile certification
      Any report submitted pursuant to subsection (a) shall also be
    included with the decision documents that accompany the annual
    certification of the safety and reliability of the United States
    nuclear weapons stockpile which is provided to the President for
    the year in which such report is submitted.
    (e) Definitions
      In this section:
        (1) The term "nuclear weapons laboratory" means the following:
          (A) Lawrence Livermore National Laboratory, California.
          (B) Los Alamos National Laboratory, New Mexico.
          (C) Sandia National Laboratories.

        (2) The term "nuclear weapons production plant" means the
      following:
          (A) The Pantex Plant, Texas.
          (B) The Savannah River Site, South Carolina.
          (C) The Kansas City Plant, Missouri.
          (D) The Y-12 Plant, Oak Ridge, Tennessee.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4213, formerly Pub. L.
    104-201, div. C, title XXXI, Sec. 3159, Sept. 23, 1996, 110 Stat.
    2842; Pub. L. 105-85, div. A, title XIII, Sec. 1305(c), (d), Nov.
    18, 1997, 111 Stat. 1954; Pub. L. 106-65, div. C, title XXXI, Sec.
    3163(f), Oct. 5, 1999, 113 Stat. 946; renumbered Pub. L. 107-314,
    div. D, title XLII, Sec. 4213, by Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(e)(14), Nov. 24, 2003, 117 Stat. 1760.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274o of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.
      Section is comprised of section 4213 of Pub. L. 107-314. Subsec.
    (c) of section 4213 of Pub. L. 107-314 amended section 179 of Title
    10, Armed Forces.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsecs. (d), (e). Pub. L. 106-65 added subsec. (d) and
    redesignated former subsec. (d) as (e).
      1997 - Subsec. (b). Pub. L. 105-85 substituted "Not later than 10
    days" for "As soon as practicable" and "committees," for
    "committees and" and inserted before period at end ", and to the
    President".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the advanced scientific computing research program and activities
    at Lawrence Livermore National Laboratory, including the functions
    of the Secretary of Energy relating thereto, to the Secretary of
    Homeland Security, see sections 183(1), 551(d), 552(d), and 557 of
    Title 6, Domestic Security, and the Department of Homeland Security
    Reorganization Plan of November 25, 2002, as modified, set out as a
    note under section 542 of Title 6.
      All national security functions and activities performed
    immediately before Oct. 5, 1999, by nuclear weapons laboratories
    and production facilities defined in this section, transferred to
    the Administrator for Nuclear Security of the National Nuclear
    Security Administration of the Department of Energy, see section
    2481 of this title.

-End-

-CITE-
    50 USC Part B - Tritium                                     01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part B - Tritium

-HEAD-
                             PART B - TRITIUM                         

-End-

-CITE-
    50 USC Sec. 2541                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part B - Tritium

-HEAD-
    Sec. 2541. Tritium production program

-STATUTE-
    (a) Establishment of program
      The Secretary of Energy shall establish a tritium production
    program that is capable of meeting the tritium requirements of the
    United States for nuclear weapons. In carrying out the tritium
    production program, the Secretary shall - 
        (1) complete the tritium supply and recycling environmental
      impact statement in preparation by the Secretary as of February
      10, 1996; and
        (2) assess alternative means for tritium production, including
      production through - 
          (A) types of new and existing reactors, including
        multipurpose reactors (such as advanced light water reactors
        and gas turbine gas-cooled reactors) capable of meeting both
        the tritium production requirements and the plutonium
        disposition requirements of the United States for nuclear
        weapons;
          (B) an accelerator; and
          (C) multipurpose reactor projects carried out by the private
        sector and the Government.
    (b) Funding
      Of funds authorized to be appropriated to the Department of
    Energy pursuant to section 3101 of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106), not
    more than $50,000,000 shall be available for the tritium production
    program established pursuant to subsection (a).
    (c) Location of tritium production facility
      The Secretary shall locate any new tritium production facility of
    the Department of Energy at the Savannah River Site, South
    Carolina.
    (d) Cost-benefit analysis
      (1) The Secretary shall include in the statements referred to in
    paragraph (2) a comparison of the costs and benefits of carrying
    out two projects for the separate performance of the tritium
    production mission of the Department and the plutonium disposition
    mission of the Department with the costs and benefits of carrying
    out one multipurpose project for the performance of both such
    missions.
      (2) The statements referred to in paragraph (1) are - 
        (A) the environmental impact statement referred to in
      subsection (a)(1);
        (B) the plutonium disposition environmental impact statement in
      preparation by the Secretary as of February 10, 1996; and
        (C) assessments related to the environmental impact statements
      referred to in subparagraphs (A) and (B).
    (e) Report
      Not later than 45 days after February 10, 1996, the Secretary
    shall submit to the Committee on Armed Services of the Senate and
    the Committee on National Security of the House of Representatives
    a report on the tritium production program established pursuant to
    subsection (a). The report shall include a specification of - 
        (1) the planned expenditures of the Department during fiscal
      year 1996 for any of the alternative means for tritium production
      assessed under subsection (a)(2);
        (2) the amount of funds required to be expended by the
      Department, and the program milestones (including feasibility
      demonstrations) required to be met, during fiscal years 1997
      through 2001 to ensure tritium production beginning not later
      than 2005 that is adequate to meet the tritium requirements of
      the United States for nuclear weapons; and
        (3) the amount of such funds to be expended and such program
      milestones to be met during such fiscal years to ensure such
      tritium production beginning not later than 2011.
    (f) Tritium targets
      Of the funds made available pursuant to subsection (b), not more
    than $5,000,000 shall be available for the Idaho National
    Engineering Laboratory for the test and development of nuclear
    reactor tritium targets for the types of reactors assessed under
    subsection (a)(2)(A).

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4231, formerly Pub. L.
    104-106, div. C, title XXXI, Sec. 3133, Feb. 10, 1996, 110 Stat.
    618; renumbered Pub. L. 107-314, div. D, title XLII, Sec. 4231, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(16), Nov.
    24, 2003, 117 Stat. 1761.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3101 of the National Defense Authorization Act for Fiscal
    Year 1996, referred to in subsec. (b), is section 3101 of Pub. L.
    104-106, div. C, title XXXI, Feb. 10, 1996, 110 Stat. 608, which is
    not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(1). Pub. L. 108-136, Sec. 3141(e)(16)(D)(i),
    substituted "February 10, 1996" for "the date of the enactment of
    this Act".
      Subsec. (b). Pub. L. 108-136, Sec. 3141(e)(16)(D)(ii), inserted
    "of the National Defense Authorization Act for Fiscal Year 1996
    (Public Law 104-106)" after "section 3101".
      Subsecs. (d)(2)(B), (e). Pub. L. 108-136, Sec. 3141(e)(16)(D)(i),
    substituted "February 10, 1996" for "the date of the enactment of
    this Act".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on National Security of House of Representatives
    changed to Committee on Armed Services of House of Representatives
    by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6,
    1999.

-End-

-CITE-
    50 USC Sec. 2542                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part B - Tritium

-HEAD-
    Sec. 2542. Tritium recycling

-STATUTE-
    (a) In general
      Except as provided in subsection (b), the following activities
    shall be carried out at the Savannah River Site, South Carolina:
        (1) All tritium recycling for weapons, including tritium
      refitting.
        (2) All activities regarding tritium formerly carried out at
      the Mound Plant, Ohio.
    (b) Exception
      The following activities may be carried out at the Los Alamos
    National Laboratory, New Mexico:
        (1) Research on tritium.
        (2) Work on tritium in support of the defense inertial
      confinement fusion program.
        (3) Provision of technical assistance to the Savannah River
      Site regarding the weapons surveillance program.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4232, formerly Pub. L.
    104-106, div. C, title XXXI, Sec. 3136, Feb. 10, 1996, 110 Stat.
    620; renumbered Pub. L. 107-314, div. D, title XLII, Sec. 4232, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(17), Nov. 24,
    2003, 117 Stat. 1761.)

-End-

-CITE-
    50 USC Sec. 2543                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part B - Tritium

-HEAD-
    Sec. 2543. Tritium production

-STATUTE-
    (a) New tritium production facility
      The Secretary of Energy shall commence planning and design
    activities and infrastructure development for a new tritium
    production facility.
    (b) In-reactor tests
      The Secretary may perform in-reactor tests of tritium target rods
    as part of the activities carried out under the commercial light
    water reactor program.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4233, formerly Pub. L.
    104-201, div. C, title XXXI, Sec. 3133(c), (d), Sept. 23, 1996, 110
    Stat. 2830; renumbered Pub. L. 107-314, div. D, title XLII, Sec.
    4233, and amended Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(e)(18), Nov. 24, 2003, 117 Stat. 1761.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(e)(18)(C)(i), (ii), inserted
    section catchline and redesignated subsecs. (c) and (d) of section
    3133 of Pub. L. 104-201, which were transferred to this section, as
    subsecs. (a) and (b), respectively, of this section.
      Subsec. (a). Pub. L. 108-136, Sec. 3141(e)(18)(C)(iii), inserted
    "of Energy" after "The Secretary".

-End-

-CITE-
    50 USC Sec. 2544                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part B - Tritium

-HEAD-
    Sec. 2544. Modernization and consolidation of tritium recycling
      facilities

-STATUTE-
    (a) In general
      The Secretary of Energy shall carry out activities at the
    Savannah River Site, South Carolina, to - 
        (1) modernize and consolidate the facilities for recycling
      tritium from weapons; and
        (2) provide a modern tritium extraction facility so as to
      ensure that such facilities have a capacity to recycle tritium
      from weapons that is adequate to meet the requirements for
      tritium for weapons specified in the Nuclear Weapons Stockpile
      Memorandum.
    (b) Funding
      Of the funds authorized to be appropriated to the Department of
    Energy pursuant to section 3101 of the National Defense
    Authorization Act for Fiscal Year 1997 (Public Law 104-201), not
    more than $9,000,000 shall be available for activities under
    subsection (a).

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4234, formerly Pub. L.
    104-201, div. C, title XXXI, Sec. 3134, Sept. 23, 1996, 110 Stat.
    2830; renumbered Pub. L. 107-314, div. D, title XLII, Sec. 4234,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(19),
    Nov. 24, 2003, 117 Stat. 1762.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3101 of the National Defense Authorization Act for Fiscal
    Year 1997, referred to in subsec. (b), is section 3101 of Pub. L.
    104-201, div. C, title XXXI, Sept. 23, 1996, 110 Stat. 2820, which
    is not classified to the Code.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-136, Sec. 3141(e)(19)(D),
    inserted "of the National Defense Authorization Act for Fiscal Year
    1997 (Public Law 104-201)" after "section 3101".

-End-

-CITE-
    50 USC Sec. 2545                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER II - NUCLEAR WEAPONS STOCKPILE MATTERS
    Part B - Tritium

-HEAD-
    Sec. 2545. Procedures for meeting tritium production requirements

-STATUTE-
    (a) Production of new tritium
      The Secretary of Energy shall produce new tritium to meet the
    requirements of the Nuclear Weapons Stockpile Memorandum at the
    Tennessee Valley Authority Watts Bar or Sequoyah nuclear power
    plants consistent with the Secretary's December 22, 1998, decision
    document designating the Secretary's preferred tritium production
    technology.
    (b) Support
      To support the method of tritium production set forth in
    subsection (a), the Secretary shall design and construct a new
    tritium extraction facility in the H-Area of the Savannah River
    Site, Aiken, South Carolina.
    (c) Design and engineering development
      The Secretary shall - 
        (1) complete preliminary design and engineering development of
      the Accelerator Production of Tritium technology design as a
      backup source of tritium to the source set forth in subsection
      (a) and consistent with the Secretary's December 22, 1998,
      decision document; and
        (2) make available those funds necessary to complete
      engineering development and demonstration, preliminary design,
      and detailed design of key elements of the system consistent with
      the Secretary's decision document of December 22, 1998.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLII, Sec. 4235, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3134, Oct. 5, 1999, 113 Stat. 927;
    renumbered Pub. L. 107-314, div. D, title XLII, Sec. 4235, by Pub.
    L. 108-136, div. C, title XXXI, Sec. 3141(e)(20), Nov. 24, 2003,
    117 Stat. 1762.)

-End-

-CITE-
    50 USC SUBCHAPTER III - PROLIFERATION MATTERS               01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
                  SUBCHAPTER III - PROLIFERATION MATTERS              

-End-

-CITE-
    50 USC Sec. 2561                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2561. International cooperative stockpile stewardship

-STATUTE-
    (a) Funding prohibition
      No funds authorized to be appropriated or otherwise available to
    the Department of Energy for any fiscal year may be obligated or
    expended to conduct any activities associated with international
    cooperative stockpile stewardship.
    (b) Exceptions
      Subsection (a) does not apply to the following:
        (1) Activities conducted between the United States and the
      United Kingdom.
        (2) Activities conducted between the United States and France.
        (3) Activities carried out under title XIV of the National
      Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
      85) relating to cooperative threat reduction with states of the
      former Soviet Union.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIII, Sec. 4301, formerly Pub. L.
    105-85, div. C, title XXXI, Sec. 3133, Nov. 18, 1997, 111 Stat.
    2036; Pub. L. 105-261, div. A, title X, Sec. 1069(b)(3), div. C,
    title XXXI, Sec. 3131, Oct. 17, 1998, 112 Stat. 2136, 2246;
    renumbered Pub. L. 107-314, div. D, title XLIII, Sec. 4301, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(f)(2), Nov.
    24, 2003, 117 Stat. 1762.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Defense Authorization Act for Fiscal Year 1998,
    referred to in subsec. (b)(2), is Pub. L. 105-85, Nov. 18, 1997,
    111 Stat. 1629, as amended. Several sections of title XIV of Pub.
    L. 105-85 are classified as notes under section 5952 of Title 22,
    Foreign Relations and Intercourse. For complete classification of
    title XIV to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7273c of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                            SIMILAR PROVISIONS                        
      Provisions similar to those in this section were contained in the
    following prior authorization act:
      Pub. L. 104-201, div. C, title XXXI, Sec. 3138, Sept. 23, 1996,
    110 Stat. 2830.

                                AMENDMENTS                            
      2003 - Subsec. (b)(3). Pub. L. 108-136, Sec. 3141(f)(2)(D),
    substituted "the National Defense Authorization Act for Fiscal Year
    1998 (Public Law 105-85)" for "this Act".
      1998 - Subsec. (a). Pub. L. 105-261, Sec. 3131, substituted "for
    any fiscal year" for "for fiscal year 1998".
      Subsec. (b)(3). Pub. L. 105-261, Sec. 1069(b)(3), substituted
    "XIV" for "III".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-261, div. A, title X, Sec. 1069(b), Oct. 17, 1998,
    112 Stat. 2136, provided that the amendment made by that section is
    effective as of Nov. 18, 1997, and as if included in the National
    Defense Authorization Act for Fiscal Year 1998, Pub. L. 105-85, as
    enacted.

-End-

-CITE-
    50 USC Sec. 2562                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2562. Nonproliferation initiatives and activities

-STATUTE-
    (a) Initiative for Proliferation Prevention program
      (1) Not more than 35 percent of the funds available in any fiscal
    year after fiscal year 1999 for the Initiatives for Proliferation
    Prevention program (IPP) may be obligated or expended by the
    Department of Energy national laboratories to carry out or provide
    oversight of any activities under that program.
      (2)(A) None of the funds available in any fiscal year after
    fiscal year 1999 for the Initiatives for Proliferation Prevention
    program may be used to increase or otherwise supplement the pay or
    benefits of a scientist or engineer if the scientist or engineer - 
        (i) is currently engaged in activities directly related to the
      design, development, production, or testing of chemical or
      biological weapons or a missile system to deliver such weapons;
      or
        (ii) was not formerly engaged in activities directly related to
      the design, development, production, or testing of weapons of
      mass destruction or a missile system to deliver such weapons.

      (B) None of the funds available in any fiscal year after fiscal
    year 1999 for the Initiatives for Proliferation Prevention program
    may be made available to an institute if the institute - 
        (i) is currently involved in activities described in
      subparagraph (A)(i); or
        (ii) was not formerly involved in activities described in
      subparagraph (A)(ii).

      (3)(A) No funds available for the Initiatives for Proliferation
    Prevention program may be provided to an institute or scientist
    under the program if the Secretary of Energy determines that the
    institute or scientist has made a scientific or business contact in
    any way associated with or related to weapons of mass destruction
    with a representative of a country of proliferation concern.
      (B) For purposes of this paragraph, the term "country of
    proliferation concern" means any country so designated by the
    Director of Central Intelligence for purposes of the Initiatives
    for Proliferation Prevention program.
      (4)(A) The Secretary of Energy shall prescribe procedures for the
    review of projects under the Initiatives for Proliferation
    Prevention program. The purpose of the review shall be to ensure
    the following:
        (i) That the military applications of such projects, and any
      information relating to such applications, is not inadvertently
      transferred or utilized for military purposes.
        (ii) That activities under the projects are not redirected
      toward work relating to weapons of mass destruction.
        (iii) That the national security interests of the United States
      are otherwise fully considered before the commencement of the
      projects.

      (B) Not later than 30 days after the date on which the Secretary
    prescribes the procedures required by subparagraph (A), the
    Secretary shall submit to Congress a report on the procedures. The
    report shall set forth a schedule for the implementation of the
    procedures.
      (5)(A) The Secretary shall evaluate the projects carried out
    under the Initiatives for Proliferation Prevention program for
    commercial purposes to determine whether or not such projects are
    likely to achieve their intended commercial objectives.
      (B) If the Secretary determines as a result of the evaluation
    that a project is not likely to achieve its intended commercial
    objective, the Secretary shall terminate the project.
      (6) Funds appropriated for the Initiatives for Proliferation
    Prevention program may not be used to pay any tax or customs duty
    levied by the government of the Russian Federation. In the event
    payment of such a tax or customs duty with such funds is
    unavoidable, the Secretary of Energy shall - 
        (A) after such payment, submit a report to the congressional
      defense committees explaining the particular circumstances making
      such payment under the Initiatives for Proliferation Prevention
      program with such funds unavoidable; and
        (B) ensure that sufficient additional funds are provided to the
      Initiatives for Proliferation Prevention Program (!1) to offset
      the amount of such payment.

    (b) Nuclear Cities Initiative
      (1) No amounts authorized to be appropriated by title XXXI of the
    National Defense Authorization Act for Fiscal Year 2000 (Public Law
    106-65) for the Nuclear Cities Initiative may be obligated or
    expended for purposes of the initiative until the Secretary of
    Energy certifies to Congress that Russia has agreed to close some
    of its facilities engaged in work on weapons of mass destruction.
      (2) Notwithstanding a certification under paragraph (1), amounts
    authorized to be appropriated by this title (!2) for the Nuclear
    Cities Initiative may not be obligated or expended for purposes of
    providing assistance under the initiative to more than three
    nuclear cities, and more than two serial production facilities, in
    Russia in fiscal year 2000.

      (3)(A) The Secretary shall conduct a study of the potential
    economic effects of each commercial program proposed under the
    Nuclear Cities Initiative before providing assistance for the
    conduct of the program. The study shall include an assessment
    regarding whether or not the mechanisms for job creation under each
    program are likely to lead to the creation of the jobs intended to
    be created by that program.
      (B) If the Secretary determines as a result of the study that the
    intended commercial benefits of a program are not likely to be
    achieved, the Secretary may not provide assistance for the conduct
    of that program.
      (4) Not later than January 1, 2000, the Secretary shall submit to
    Congress a report describing the participation in or contribution
    to the Nuclear Cities Initiative of each department and agency of
    the United States Government that participates in or contributes to
    the initiative. The report shall describe separately any
    interagency participation in or contribution to the initiative.
    (c) Report
      (1) Not later than January 1, 2000, the Secretary of Energy shall
    submit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a
    report on the Initiatives for Proliferation Prevention program and
    the Nuclear Cities Initiative.
      (2) The report shall include the following:
        (A) A strategic plan for the Initiatives for Proliferation
      Prevention program and for the Nuclear Cities Initiative, which
      shall establish objectives for the program or initiative, as the
      case may be, and means for measuring the achievement of such
      objectives.
        (B) A list of the most successful projects under the
      Initiatives for Proliferation Prevention program, including for
      each such project the name of the institute and scientists who
      are participating or have participated in the project, the number
      of jobs created through the project, and the manner in which the
      project has met the nonproliferation objectives of the United
      States.
        (C) A list of the institutes and scientists associated with
      weapons of mass destruction programs or other defense-related
      programs in the states of the former Soviet Union that the
      Department seeks to engage in commercial work under the
      Initiatives for Proliferation Prevention program or the Nuclear
      Cities Initiative, including - 
          (i) a description of the work performed by such institutes
        and scientists under such weapons of mass destruction programs
        or other defense-related programs; and
          (ii) a description of any work proposed to be performed by
        such institutes and scientists under the Initiatives for
        Proliferation Prevention program or the Nuclear Cities
        Initiative.
    (d) Nuclear Cities Initiative defined
      For purposes of this section, the term "Nuclear Cities
    Initiative" means the initiative arising pursuant to the March 1998
    discussions between the Vice President of the United States and the
    Prime Minister of the Russian Federation and between the Secretary
    of Energy of the United States and the Minister of Atomic Energy of
    the Russian Federation.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIII, Sec. 4302, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3136, Oct. 5, 1999, 113 Stat. 927;
    renumbered Pub. L. 107-314, div. D, title XLIII, Sec. 4302, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(f)(3), Nov.
    24, 2003, 117 Stat. 1762.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title XXXI of the National Defense Authorization Act for Fiscal
    Year 2000, referred to in subsec. (b)(1), is title XXXI of div. C
    of Pub. L. 106-65, Oct. 5, 1999, 113 Stat. 914, as amended. For
    complete classification of title XXXI to the Code, see Tables.
      This title, referred to in subsec. (b)(2), probably means title
    XXXI of Pub. L. 106-65. See above.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(1). Pub. L. 108-136, Sec. 3141(f)(3)(D),
    substituted "title XXXI of the National Defense Authorization Act
    for Fiscal Year 2000 (Public Law 106-65)" for "this title".

-FOOTNOTE-
    (!1) So in original. Initial letter probably should be lower case.

    (!2) See References in Text note below.

-End-

-CITE-
    50 USC Sec. 2563                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2563. Annual report on status of Nuclear Materials Protection,
      Control, and Accounting Program

-STATUTE-
    (a) Report required
      Not later than January 1 of each year, the Secretary of Energy
    shall submit to the Committee on Armed Services of the Senate and
    the Committee on Armed Services of the House of Representatives a
    report on the status of efforts during the preceding fiscal year
    under the Nuclear Materials Protection, Control, and Accounting
    Program of the Department of Energy to secure weapons-usable
    nuclear materials in countries where such materials have been
    identified as being at risk for theft or diversion.
    (b) Contents
      Each report under subsection (a) shall include the following:
        (1) The number of buildings, including building locations, in
      each country covered by subsection (a) that received complete and
      integrated materials protection, control, and accounting systems
      for nuclear materials described in subsection (a) during the year
      covered by such report.
        (2) The amounts of highly enriched uranium and plutonium in
      each such country that have been secured under systems described
      in paragraph (1) as of the date of such report.
        (3) The amount of nuclear materials described in subsection (a)
      in each such country that continues to require securing under
      systems described in paragraph (1) as of the date of such report.
        (4) A plan for actions to secure the nuclear materials
      identified in paragraph (3) under systems described in paragraph
      (1), including an estimate of the cost of such actions.
        (5) The amounts expended through the fiscal year preceding the
      date of such report to secure nuclear materials described in
      subsection (a) under systems described in paragraph (1), set
      forth by total amount per country and by amount per fiscal year
      per country.
    (c) Limitation on use of certain funds
      (1) No amounts authorized to be appropriated for the Department
    of Energy by the Floyd D. Spence National Defense Authorization Act
    for Fiscal Year 2001 (as enacted into law by Public Law 106-398) or
    any other Act for purposes of the Nuclear Materials Protection,
    Control, and Accounting Program may be obligated or expended after
    September 30, 2000, for any project under the program at a site
    controlled by the Russian Ministry of Atomic Energy (MINATOM) in
    Russia until the Secretary submits to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of the
    House of Representatives a report on the access policy established
    with respect to such project, including a certification that the
    access policy has been implemented.
      (2) The access policy with respect to a project under this
    subsection shall - 
        (A) permit appropriate determinations by United States
      officials regarding security requirements, including security
      upgrades, for the project; and
        (B) ensure verification by United States officials that
      Department of Energy assistance at the project is being used for
      the purposes intended.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIII, Sec. 4303, formerly Pub. L.
    106-398, Sec. 1 [div. C, title XXXI, Sec. 3171], Oct. 30, 2000, 114
    Stat. 1654, 1654A-475; Pub. L. 107-314, div. C, title XXXI, Sec.
    3153, Dec. 2, 2002, 116 Stat. 2738; renumbered Pub. L. 107-314,
    div. D, title XLIII, Sec. 4303, and amended Pub. L. 108-136, div.
    C, title XXXI, Sec. 3141(f)(4), Nov. 24, 2003, 117 Stat. 1763.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Floyd D. Spence National Defense Authorization Act for Fiscal
    Year 2001, referred to in subsec. (c)(1), is Pub. L. 106-398, Sec.
    1 [H.R. 5408], Oct. 30, 2000, 114 Stat. 1654, 1654A-1, as amended.
    For complete classification of this Act to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 5952 of
    Title 22, Foreign Relations and Intercourse, prior to renumbering
    by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c)(1). Pub. L. 108-136, Sec. 3141(f)(4)(D),
    substituted "the Floyd D. Spence National Defense Authorization Act
    for Fiscal Year 2001 (as enacted into law by Public Law 106-398)"
    for "this Act".
      2002 - Subsec. (a). Pub. L. 107-314, Sec. 3153(a), substituted
    "countries where such materials" for "Russia that".
      Subsec. (b)(1). Pub. L. 107-314, Sec. 3153(b)(1), inserted "in
    each country covered by subsection (a)" after "locations,".
      Subsec. (b)(2). Pub. L. 107-314, Sec. 3153(b)(2), substituted "in
    each such country" for "in Russia".
      Subsec. (b)(3). Pub. L. 107-314, Sec. 3153(b)(3), inserted "in
    each such country" after "subsection (a)".
      Subsec. (b)(5). Pub. L. 107-314, Sec. 3153(b)(4), substituted "by
    total amount per country and by amount per fiscal year per country"
    for "by total amount and by amount per fiscal year".

-End-

-CITE-
    50 USC Sec. 2564                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2564. Nuclear Cities Initiative

-STATUTE-
    (a) In general
      (1) The Secretary of Energy may, in accordance with the
    provisions of this section, expand and enhance the activities of
    the Department of Energy under the Nuclear Cities Initiative.
      (2) In this section, the term "Nuclear Cities Initiative" means
    the initiative arising pursuant to the joint statement dated July
    24, 1998, signed by the Vice President of the United States and the
    Prime Minister of the Russian Federation and the agreement dated
    September 22, 1998, between the United States and the Russian
    Federation.
    (b) Funding for fiscal year 2001
      There is hereby authorized to be appropriated for the Department
    of Energy for fiscal year 2001 $30,000,000 for purposes of the
    Nuclear Cities Initiative.
    (c) Limitation pending submission of agreement
      No amount authorized to be appropriated or otherwise made
    available for the Department of Energy for fiscal year 2001 for the
    Nuclear Cities Initiative may be obligated or expended to provide
    assistance under the Initiative for more than three nuclear cities
    in Russia and two serial production facilities in Russia until 30
    days after the date on which the Secretary of Energy submits to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives a copy of a written
    agreement between the United States Government and the Government
    of the Russian Federation which provides that Russia will close
    some of its facilities engaged in nuclear weapons assembly and
    disassembly work.
    (d) Limitation pending implementation of project review procedures
      (1) Not more than $8,750,000 of the amounts referred to in
    subsection (b) may be obligated or expended for purposes of the
    Initiative until the Secretary of Energy establishes and implements
    project review procedures for projects under the Initiative and
    submits to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a
    report on the project review procedures so established and
    implemented.
      (2) The project review procedures established under paragraph (1)
    shall ensure that any scientific, technical, or commercial project
    initiated under the Initiative - 
        (A) will not enhance the military or weapons of mass
      destruction capabilities of Russia;
        (B) will not result in the inadvertent transfer or utilization
      of products or activities under such project for military
      purposes;
        (C) will be commercially viable; and
        (D) will be carried out in conjunction with an appropriate
      commercial, industrial, or nonprofit entity as partner.
    (e) Limitation pending certification and report
      No amount in excess of $17,500,000 authorized to be appropriated
    for the Department of Energy for fiscal year 2001 for the Nuclear
    Cities Initiative may be obligated or expended for purposes of
    providing assistance under the Initiative until 30 days after the
    date on which the Secretary of Energy submits to the Committee on
    Armed Services of the Senate and the Committee on Armed Services of
    the House of Representatives the following:
        (1) A copy of the written agreement between the United States
      and the Russian Federation which provides that Russia will close
      some of its facilities engaged in nuclear weapons assembly and
      disassembly work within five years of the date of the agreement
      in exchange for receiving assistance through the Initiative.
        (2) A certification by the Secretary - 
          (A) that project review procedures for all projects under the
        Initiative have been established and are being implemented; and
          (B) that those procedures will ensure that any scientific,
        technical, or commercial project initiated under the Initiative
        - 
            (i) will not enhance the military or weapons of mass
          destruction capabilities of Russia;
            (ii) will not result in the inadvertent transfer or
          utilization of products or activities under such project for
          military purposes;
            (iii) will be commercially viable within three years after
          the date of the initiation of the project; and
            (iv) will be carried out in conjunction with an appropriate
          commercial, industrial, or other nonprofit entity as partner.

        (3) A report setting forth the following:
          (A) A description of the project review procedures process.
          (B) A list of the projects under the Initiative that have
        been reviewed under such project review procedures.
          (C) A description for each project listed under subparagraph
        (B) of the purpose, expected life-cycle costs, out-year budget
        costs, participants, commercial viability, expected time for
        income generation, and number of Russian jobs created.
    (f) Plan for restructuring the Russian nuclear complex
      (1) The President, acting through the Secretary of Energy, is
    urged to enter into discussions with the Russian Federation for
    purposes of the development by the Russian Federation of a plan to
    restructure the Russian nuclear complex in order to meet changes in
    the national security requirements of Russia by 2010.
      (2) The plan under paragraph (1) should include the following:
        (A) Mechanisms to consolidate the nuclear weapons production
      capacity in Russia to a capacity that is consistent with the
      obligations of Russia under current and future arms control
      agreements.
        (B) Mechanisms to increase transparency regarding the
      restructuring of the Russian nuclear complex and weapons-surplus
      nuclear materials inventories in Russia to the levels of
      transparency for such matters in the United States, including the
      participation of Department of Energy officials with expertise in
      transparency of such matters.
        (C) Measurable milestones that will permit the United States
      and the Russian Federation to monitor progress under the plan.
    (g) Encouragement of careers in nonproliferation
      (1) In carrying out actions under this section, the Secretary of
    Energy may carry out a program to encourage students in the United
    States and in the Russian Federation to pursue careers in areas
    relating to nonproliferation.
      (2) Of the amounts made available under the Initiative for fiscal
    year 2001 in excess of $17,500,000, up to $2,000,000 shall be
    available for purposes of the program under paragraph (1).
      (3) The Administrator for Nuclear Security shall notify the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives before any funds are
    expended pursuant to paragraph (2). Any such notification shall
    include - 
        (A) an identification of the amount to be expended under
      paragraph (2) during fiscal year 2001;
        (B) the recipients of the funds; and
        (C) specific information on the activities that will be
      conducted using those funds.
    (h) Definitions
      In this section:
        (1) The term "nuclear city" means any of the closed nuclear
      cities within the complex of the Russian Ministry of Atomic
      Energy as follows:
          (A) Sarov (Arzamas-16).
          (B) Zarechnyy (Penza-19).
          (C) Novoural'sk (Sverdlovsk-44).
          (D) Lesnoy (Sverdlovsk-45).
          (E) Ozersk (Chelyabinsk-65).
          (F) Snezhinsk (Chelyabinsk-70).
          (G) Trechgornyy (Zlatoust-36).
          (H) Seversk (Tomsk-7).
          (I) Zheleznogorsk (Krasnoyarsk-26).
          (J) Zelenogorsk (Krasnoyarsk-45).

        (2) The term "Russian nuclear complex" means all of the nuclear
      cities.
        (3) The term "serial production facilities" means the
      facilities in Russia that are located at the following cities:
          (A) Avangard.
          (B) Lesnoy (Sverdlovsk-45).
          (C) Trechgornyy (Zlatoust-36).
          (D) Zarechnyy (Penza-19).

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIII, Sec. 4304, formerly Pub. L.
    106-398, Sec. 1 [div. C, title XXXI, Sec. 3172], Oct. 30, 2000, 114
    Stat. 1654, 1654A-476; renumbered Pub. L. 107-314, div. D, title
    XLIII, Sec. 4304, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(f)(5), Nov. 24, 2003, 117 Stat. 1763.)

-End-

-CITE-
    50 USC Sec. 2565                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2565. Authority to conduct program relating to fissile
      materials

-STATUTE-
      The Secretary of Energy may conduct programs designed to improve
    the protection, control, and accountability of fissile materials in
    Russia.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIII, Sec. 4305, formerly Pub. L.
    104-106, div. C, title XXXI, Sec. 3131, Feb. 10, 1996, 110 Stat.
    617; Pub. L. 107-314, div. C, title XXXI, Sec. 3152, Dec. 2, 2002,
    116 Stat. 2738; renumbered Pub. L. 107-314, div. D, title XLIII,
    Sec. 4305, by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(f)(6),
    Nov. 24, 2003, 117 Stat. 1763.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 5952 of
    Title 22, Foreign Relations and Intercourse, prior to renumbering
    by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-314, Sec. 3152, struck out subsec. (a)
    designation and heading "Authority" and subsec. (b) heading and
    text. Prior to amendment, subsec. (b) related to semi-annual
    reports on obligations of funds.

-End-

-CITE-
    50 USC Sec. 2566                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2566. Disposition of weapons-usable plutonium at Savannah
      River Site

-STATUTE-
    (a) Plan for construction and operation of MOX facility
      (1) Not later than February 1, 2003, the Secretary of Energy
    shall submit to Congress a plan for the construction and operation
    of the MOX facility at the Savannah River Site, Aiken, South
    Carolina.
      (2) The plan under paragraph (1) shall include - 
        (A) a schedule for construction and operations so as to
      achieve, as of January 1, 2012, and thereafter, the MOX
      production objective, and to produce 1 metric ton of mixed-oxide
      fuel by December 31, 2012; and
        (B) a schedule of operations of the MOX facility designed so
      that 34 metric tons of defense plutonium and defense plutonium
      materials at the Savannah River Site will be processed into mixed-
      oxide fuel by January 1, 2019.

      (3)(A) Not later than February 15 each year, beginning in 2004
    and continuing for as long as the MOX facility is in use, the
    Secretary shall submit to Congress a report on the implementation
    of the plan required by paragraph (1).
      (B) Each report under subparagraph (A) for years before 2010
    shall include - 
        (i) an assessment of compliance with the schedules included
      with the plan under paragraph (2); and
        (ii) a certification by the Secretary whether or not the MOX
      production objective can be met by January 2012.

      (C) Each report under subparagraph (A) for years after 2012 shall
    - 
        (i) address whether the MOX production objective has been met;
      and
        (ii) assess progress toward meeting the obligations of the
      United States under the Plutonium Management and Disposition
      Agreement.

      (D) Each report under subparagraph (A) for years after 2017 shall
    also include an assessment of compliance with the MOX production
    objective and, if not in compliance, the plan of the Secretary for
    achieving one of the following:
        (i) Compliance with such objective.
        (ii) Removal of all remaining defense plutonium and defense
      plutonium materials from the State of South Carolina.
    (b) Corrective actions
      (1) If a report under subsection (a)(3) indicates that
    construction or operation of the MOX facility is behind the
    applicable schedule under subsection (g) by 12 months or more, the
    Secretary shall submit to Congress, not later than August 15 of the
    year in which such report is submitted, a plan for corrective
    actions to be implemented by the Secretary to ensure that the MOX
    facility project is capable of meeting the MOX production objective
    by January 1, 2012.
      (2) If a plan is submitted under paragraph (1) in any year after
    2008, the plan shall include corrective actions to be implemented
    by the Secretary to ensure that the MOX production objective is
    met.
      (3) Any plan for corrective actions under paragraph (1) or (2)
    shall include established milestones under such plan for achieving
    compliance with the MOX production objective.
      (4) If, before January 1, 2012, the Secretary determines that
    there is a substantial and material risk that the MOX production
    objective will not be achieved by 2012 because of a failure to
    achieve milestones set forth in the most recent corrective action
    plan under this subsection, the Secretary shall suspend further
    transfers of defense plutonium and defense plutonium materials to
    be processed by the MOX facility until such risk is addressed and
    the Secretary certifies that the MOX production objective can be
    met by 2012.
      (5) If, after January 1, 2012, the Secretary determines that the
    MOX production objective has not been achieved because of a failure
    to achieve milestones set forth in the most recent corrective
    action plan under this subsection, the Secretary shall suspend
    further transfers of defense plutonium and defense plutonium
    materials to be processed by the MOX facility until the Secretary
    certifies that the MOX production objective can be met.
      (6)(A) Upon making a determination under paragraph (4) or (5),
    the Secretary shall submit to Congress a report on the options for
    removing from the State of South Carolina an amount of defense
    plutonium or defense plutonium materials equal to the amount of
    defense plutonium or defense plutonium materials transferred to the
    State of South Carolina after April 15, 2002.
      (B) Each report under subparagraph (A) shall include an analysis
    of each option set forth in the report, including the cost and
    schedule for implementation of such option, and any requirements
    under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
    et seq.) relating to consideration or selection of such option.
      (C) Upon submittal of a report under paragraph (A), the Secretary
    shall commence any analysis that may be required under the National
    Environmental Policy Act of 1969 in order to select among the
    options set forth in the report.
    (c) Contingent requirement for removal of plutonium and materials
      from Savannah River Site
      If the MOX production objective is not achieved as of January 1,
    2012, the Secretary shall, consistent with the National
    Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and other
    applicable laws, remove from the State of South Carolina, for
    storage or disposal elsewhere - 
        (1) not later than January 1, 2014, not less than 1 metric ton
      of defense plutonium or defense plutonium materials; and
        (2) not later than January 1, 2020, an amount of defense
      plutonium or defense plutonium materials equal to the amount of
      defense plutonium or defense plutonium materials transferred to
      the Savannah River Site between April 15, 2002 and January 1,
      2020, but not processed by the MOX facility.
    (d) Economic and impact assistance
      (1) If the MOX production objective is not achieved as of January
    1, 2014, the Secretary shall, subject to the availability of
    appropriations, pay to the State of South Carolina each year
    beginning on or after that date through 2019 for economic and
    impact assistance an amount equal to $1,000,000 per day, not to
    exceed $100,000,000 per year, until the later of - 
        (A) the date on which the MOX production objective is achieved
      in such year; or
        (B) the date on which the Secretary has removed from the State
      of South Carolina in such year at least 1 metric ton of defense
      plutonium or defense plutonium materials.

      (2)(A) If, as of January 1, 2020, the MOX facility has not
    processed mixed-oxide fuel from defense plutonium and defense
    plutonium materials in the amount of not less than - 
        (i) one metric ton, in each of any two consecutive calendar
      years; and
        (ii) three metric tons total,

    the Secretary shall, from funds available to the Secretary, pay to
    the State of South Carolina for economic and impact assistance an
    amount equal to $1,000,000 per day, not to exceed $100,000,000 per
    year, until the removal by the Secretary from the State of South
    Carolina of an amount of defense plutonium or defense plutonium
    materials equal to the amount of defense plutonium or defense
    plutonium materials transferred to the Savannah River Site between
    April 15, 2002, and January 1, 2020, but not processed by the MOX
    facility.
      (B) Nothing in this paragraph may be construed to terminate,
    supersede, or otherwise affect any other requirements of this
    section.
      (3) If the State of South Carolina obtains an injunction that
    prohibits the Department from taking any action necessary for the
    Department to meet any deadline specified by this subsection, that
    deadline shall be extended for a period of time equal to the period
    of time during which the injunction is in effect.
    (e) Failure to complete planned disposition program
      If on July 1 each year beginning in 2023 and continuing for as
    long as the MOX facility is in use, less than 34 metric tons of
    defense plutonium or defense plutonium materials have been
    processed by the MOX facility, the Secretary shall submit to
    Congress a plan for - 
        (1) completing the processing of 34 metric tons of defense
      plutonium and defense plutonium material by the MOX facility; or
        (2) removing from the State of South Carolina an amount of
      defense plutonium or defense plutonium materials equal to the
      amount of defense plutonium or defense plutonium materials
      transferred to the Savannah River Site after April 15, 2002, but
      not processed by the MOX facility.
    (f) Removal of mixed-oxide fuel upon completion of operations of
      MOX facility
      If, one year after the date on which operation of the MOX
    facility permanently ceases, any mixed-oxide fuel remains at the
    Savannah River Site, the Secretary shall submit to Congress - 
        (1) a report on when such fuel will be transferred for use in
      commercial nuclear reactors; or
        (2) a plan for removing such fuel from the State of South
      Carolina.
    (g) Baseline
      Not later than December 31, 2006, the Secretary shall submit to
    Congress a report on the construction and operation of the MOX
    facility that includes a schedule for revising the requirements of
    this section during fiscal year 2007 to conform with the schedule
    established by the Secretary for the MOX facility, which shall be
    based on estimated funding levels for the fiscal year.
    (h) Definitions
      In this section:
      (1) MOX production objective
        The term "MOX production objective" means production at the MOX
      facility of mixed-oxide fuel from defense plutonium and defense
      plutonium materials at an average rate equivalent to not less
      than one metric ton of mixed-oxide fuel per year. The average
      rate shall be determined by measuring production at the MOX
      facility from the date the facility is declared operational to
      the Nuclear Regulatory Commission through the date of assessment.
      (2) MOX facility
        The term "MOX facility" means the mixed-oxide fuel fabrication
      facility at the Savannah River Site, Aiken, South Carolina.
      (3) Defense plutonium; defense plutonium materials
        The terms "defense plutonium" and "defense plutonium materials"
      mean weapons-usable plutonium.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIII, Sec. 4306, formerly div. C,
    title XXXI, Sec. 3182, Dec. 2, 2002, 116 Stat. 2747; renumbered
    div. D, title XLIII, Sec. 4306, by Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(f)(7)(A), Nov. 24, 2003, 117 Stat. 1763; amended
    Pub. L. 109-103, title III, Sec. 313, Nov. 19, 2005, 119 Stat.
    2280.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsecs. (b)(6)(B), (C) and (c), is Pub. L. 91-190, Jan. 1, 1970,
    83 Stat. 852, as amended, which is classified generally to chapter
    55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 4321 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(2)(A). Pub. L. 109-103, Sec. 313(1)(A),
    substituted "2012" for "2009" in two places.
      Subsec. (a)(3)(B)(ii). Pub. L. 109-103, Sec. 313(1)(B)(i),
    substituted "2012" for "2009".
      Subsec. (a)(3)(C). Pub. L. 109-103, Sec. 313(1)(B)(ii),
    substituted "2012" for "2009" in introductory provisions.
      Subsec. (b)(1). Pub. L. 109-103, Sec. 313(2)(A), substituted
    "(g)" for "(a)(2)" and "2012" for "2009".
      Subsec. (b)(4). Pub. L. 109-103, Sec. 313(2)(B), substituted
    "2012" for "2009" wherever appearing.
      Subsec. (b)(5). Pub. L. 109-103, Sec. 313(2)(C), substituted
    "2012" for "2009".
      Subsec. (c). Pub. L. 109-103, Sec. 313(3)(A), substituted "2012"
    for "2009" in introductory provisions.
      Subsec. (c)(1). Pub. L. 109-103, Sec. 313(3)(B), substituted
    "2014" for "2011".
      Subsec. (c)(2). Pub. L. 109-103, Sec. 313(3)(C), substituted
    "2020" for "2017" in two places.
      Subsec. (d)(1). Pub. L. 109-103, Sec. 313(4)(A), substituted
    "2014" for "2011", "subject to the availability of appropriations"
    for "from funds available to the Secretary", and "2019" for "2016".
      Subsec. (d)(2)(A). Pub. L. 109-103, Sec. 313(4)(B), substituted
    "2020" for "2017" in introductory and concluding provisions.
      Subsec. (e). Pub. L. 109-103, Sec. 313(5), substituted "2023" for
    "2020" in introductory provisions.
      Subsecs. (g), (h). Pub. L. 109-103, Sec. 313(6), (7), added
    subsec. (g) and redesignated former subsec. (g) as (h).

-End-

-CITE-
    50 USC Sec. 2567                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2567. Disposition of surplus defense plutonium at Savannah
      River Site, Aiken, South Carolina

-STATUTE-
    (a) Consultation required
      The Secretary of Energy shall consult with the Governor of the
    State of South Carolina regarding any decisions or plans of the
    Secretary related to the disposition of surplus defense plutonium
    and defense plutonium materials located at the Savannah River Site,
    Aiken, South Carolina.
    (b) Notice required
      For each shipment of defense plutonium or defense plutonium
    materials to the Savannah River Site, the Secretary shall, not less
    than 30 days before the commencement of such shipment, submit to
    the congressional defense committees a report providing notice of
    such shipment.
    (c) Plan for disposition
      The Secretary shall prepare a plan for disposal of the surplus
    defense plutonium and defense plutonium materials currently located
    at the Savannah River Site and for disposal of defense plutonium
    and defense plutonium materials to be shipped to the Savannah River
    Site in the future. The plan shall include the following:
        (1) A review of each option considered for such disposal.
        (2) An identification of the preferred option for such
      disposal.
        (3) With respect to the facilities for such disposal that are
      required by the Department of Energy's Record of Decision for the
      Storage and Disposition of Weapons-Usable Fissile Materials Final
      Programmatic Environmental Impact Statement dated January 14,
      1997 - 
          (A) a statement of the cost of construction and operation of
        such facilities;
          (B) a schedule for the expeditious construction of such
        facilities, including milestones; and
          (C) a firm schedule for funding the cost of such facilities.

        (4) A specification of the means by which all such defense
      plutonium and defense plutonium materials will be removed in a
      timely manner from the Savannah River Site for storage or
      disposal elsewhere.
    (d) Plan for alternative disposition
      If the Secretary determines not to proceed at the Savannah River
    Site with construction of the plutonium immobilization plant, or
    with the mixed oxide fuel fabrication facility, the Secretary shall
    prepare a plan that identifies a disposition path for all defense
    plutonium and defense plutonium materials that would otherwise have
    been disposed of at such plant or such facility, as applicable.
    (e) Submission of plans
      Not later than February 1, 2002, the Secretary shall submit to
    Congress the plan required by subsection (c) (and the plan prepared
    under subsection (d), if applicable).
    (f) Limitation on plutonium shipments
      If the Secretary does not submit to Congress the plan required by
    subsection (c) (and the plan prepared under subsection (d), if
    applicable) by February 1, 2002, the Secretary shall be prohibited
    from shipping defense plutonium or defense plutonium materials to
    the Savannah River Site during the period beginning on February 1,
    2002, and ending on the date on which such plans are submitted to
    Congress.
    (g) Rule of construction
      Nothing in this section may be construed to prohibit or limit the
    Secretary from shipping defense plutonium or defense plutonium
    materials to sites other than the Savannah River Site during the
    period referred to in subsection (f) or any other period.
    (h) Annual report on funding for fissile materials disposition
      activities
      The Secretary shall include with the budget justification
    materials submitted to Congress in support of the Department of
    Energy budget for each fiscal year (as submitted with the budget of
    the President under section 1105(a) of title 31) a report setting
    forth the extent to which amounts requested for the Department for
    such fiscal year for fissile materials disposition activities will
    enable the Department to meet commitments for the disposition of
    surplus defense plutonium and defense plutonium materials located
    at the Savannah River Site, and for any other fissile materials
    disposition activities, in such fiscal year.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIII, Sec. 4306A, formerly Pub. L.
    107-107, div. C, title XXXI, Sec. 3155, Dec. 28, 2001, 115 Stat.
    1378; renumbered Pub. L. 107-314, div. D, title XLIII, Sec. 4306A,
    by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(f)(7)(B), Nov.
    24, 2003, 117 Stat. 1763.)

-End-

-CITE-
    50 USC Sec. 2568                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2568. Authority to use international nuclear materials
      protection and cooperation program funds outside the former
      Soviet Union

-STATUTE-
    (a) Authority
      Subject to the provisions of this section, the President may
    obligate and expend international nuclear materials protection and
    cooperation program funds for a fiscal year, and any such funds for
    a fiscal year before such fiscal year that remain available for
    obligation, for a defense nuclear nonproliferation project or
    activity outside the states of the former Soviet Union that has not
    previously been authorized by Congress if the President determines
    each of the following:
        (1) That such project or activity will - 
          (A)(i) assist the United States in the resolution of a
        critical emerging proliferation threat; or
          (ii) permit the United States to take advantage of
        opportunities to achieve long-standing nonproliferation goals;
        and
          (B) be completed in a short period of time.

        (2) That the Department of Energy is the entity of the Federal
      Government that is most capable of carrying out such project or
      activity.
    (b) Scope of authority
      The authority in subsection (a) to obligate and expend funds for
    a project or activity includes authority to provide equipment,
    goods, and services for such project or activity utilizing such
    funds, but does not include authority to provide cash directly to
    such project or activity.
    (c) Limitation on availability of funds
      (1) The President may not obligate funds for a project or
    activity under the authority in subsection (a) until the President
    makes each determination specified in that subsection with respect
    to such project or activity.
      (2) Not later than 10 days after obligating funds under the
    authority in subsection (a) for a project or activity, the
    President shall notify Congress in writing of the determinations
    made under paragraph (1) with respect to such project or activity,
    together with - 
        (A) a justification for such determinations; and
        (B) a description of the scope and duration of such project or
      activity.
    (d) Additional limitations and requirements
      Except as otherwise provided in subsections (a) and (b), the
    exercise of the authority in subsection (a) shall be subject to any
    requirement or limitation under another provision of law as
    follows:
        (1) Any requirement for prior notice or other reports to
      Congress on the use of international nuclear materials protection
      and cooperation program funds or on international nuclear
      materials protection and cooperation program projects or
      activities.
        (2) Any limitation on the obligation or expenditure of
      international nuclear materials protection and cooperation
      program funds.
        (3) Any limitation on international nuclear materials
      protection and cooperation program projects or activities.
    (e) Funds
      As used in this section, the term "international nuclear
    materials protection and cooperation program funds" means the funds
    appropriated pursuant to an authorization of appropriations for the
    International Nuclear Materials Protection and Cooperation Program.

-SOURCE-
    (Pub. L. 108-136, div. C, title XXXI, Sec. 3124, Nov. 24, 2003, 117
    Stat. 1747; Pub. L. 108-375, div. C, title XXXI, Sec. 3131, Oct.
    28, 2004, 118 Stat. 2165.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 2004, and not as part of the Atomic Energy
    Defense Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-375, Sec. 3131(a), inserted "that
    has not previously been authorized by Congress" after "states of
    the former Soviet Union".
      Subsec. (c). Pub. L. 108-375, Sec. 3131(b), redesignated subsec.
    (d) as (c) and struck out heading and text of former subsec. (c).
    Text read as follows: "The amount that may be obligated in a fiscal
    year under the authority in subsection (a) may not exceed
    $50,000,000."
      Subsec. (d). Pub. L. 108-375, Sec. 3131(b)(2), redesignated
    subsec. (e) as (d). Former subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 108-375, Sec. 3131(c), substituted "the
    funds appropriated pursuant to an authorization of appropriations
    for the International Nuclear Materials Protection and Cooperation
    Program" for "the funds appropriated pursuant to the authorization
    of appropriations in section 3101(a)(2) for such program".
      Pub. L. 108-375, Sec. 3131(b)(2), redesignated subsec. (f) as
    (e). Former subsec. (e) redesignated (d).
      Subsec. (f). Pub. L. 108-375, Sec. 3131(b)(2), redesignated
    subsec. (f) as (e).

-End-

-CITE-
    50 USC Sec. 2569                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2569. Acceleration of removal or security of fissile
      materials, radiological materials, and related equipment at
      vulnerable sites worldwide

-STATUTE-
    (a) Sense of Congress
      (1) It is the sense of Congress that the security, including the
    rapid removal or secure storage, of high-risk, proliferation-
    attractive fissile materials, radiological materials, and related
    equipment at vulnerable sites worldwide should be a top priority
    among the activities to achieve the national security of the United
    States.
      (2) It is the sense of Congress that the President may establish
    in the Department of Energy a task force to be known as the Task
    Force on Nuclear Materials to carry out the program authorized by
    subsection (b).
    (b) Program authorized
      The Secretary of Energy may carry out a program to undertake an
    accelerated, comprehensive worldwide effort to mitigate the threats
    posed by high-risk, proliferation-attractive fissile materials,
    radiological materials, and related equipment located at sites
    potentially vulnerable to theft or diversion.
    (c) Program elements
      (1) Activities under the program under subsection (b) may include
    the following:
        (A) Accelerated efforts to secure, remove, or eliminate
      proliferation-attractive fissile materials or radiological
      materials in research reactors, other reactors, and other
      facilities worldwide.
        (B) Arrangements for the secure shipment of proliferation-
      attractive fissile materials, radiological materials, and
      related equipment to other countries willing to accept such
      materials and equipment, or to the United States if such
      countries cannot be identified, and the provision of secure
      storage or disposition of such materials and equipment following
      shipment.
        (C) The transportation of proliferation-attractive fissile
      materials, radiological materials, and related equipment from
      sites identified as proliferation risks to secure facilities in
      other countries or in the United States.
        (D) The processing and packaging of proliferation-attractive
      fissile materials, radiological materials, and related equipment
      in accordance with required standards for transport, storage, and
      disposition.
        (E) The provision of interim security upgrades for vulnerable,
      proliferation-attractive fissile materials, radiological
      materials, and related equipment pending their removal from their
      current sites.
        (F) The utilization of funds to upgrade security and accounting
      at sites where proliferation-attractive fissile materials or
      radiological materials will remain for an extended period of time
      in order to ensure that such materials are secure against
      plausible potential threats and will remain so in the future.
        (G) The management of proliferation-attractive fissile
      materials, radiological materials, and related equipment at
      secure facilities.
        (H) Actions to ensure that security, including security
      upgrades at sites and facilities for the storage or disposition
      of proliferation-attractive fissile materials, radiological
      materials, and related equipment, continues to function as
      intended.
        (I) The provision of technical support to the International
      Atomic Energy Agency (IAEA), other countries, and other entities
      to facilitate removal of, and security upgrades to facilities
      that contain, proliferation-attractive fissile materials,
      radiological materials, and related equipment worldwide.
        (J) The development of alternative fuels and irradiation
      targets based on low-enriched uranium to convert research or
      other reactors fueled by highly-enriched uranium to such
      alternative fuels, as well as the conversion of reactors and
      irradiation targets employing highly-enriched uranium to
      employment of such alternative fuels and targets.
        (K) Accelerated actions for the blend down of highly-enriched
      uranium to low-enriched uranium.
        (L) The provision of assistance in the closure and
      decommissioning of sites identified as presenting risks of
      proliferation of proliferation-attractive fissile materials,
      radiological materials, and related equipment.
        (M) Programs to - 
          (i) assist in the placement of employees displaced as a
        result of actions pursuant to the program in enterprises not
        representing a proliferation threat; and
          (ii) convert sites identified as presenting risks of
        proliferation regarding proliferation-attractive fissile
        materials, radiological materials, and related equipment to
        purposes not representing a proliferation threat to the extent
        necessary to eliminate the proliferation threat.

      (2) The Secretary of Energy shall, in coordination with the
    Secretary of State, carry out the program in consultation with, and
    with the assistance of, appropriate departments, agencies, and
    other entities of the United States Government.
      (3) The Secretary of Energy shall, with the concurrence of the
    Secretary of State, carry out activities under the program in
    collaboration with such foreign governments, non-governmental
    organizations, and other international entities as the Secretary of
    Energy considers appropriate for the program.
    (d) Reports
      (1) Not later than March 15, 2005, the Secretary of Energy shall
    submit to Congress a classified interim report on the program under
    subsection (b).
      (2) Not later than January 1, 2006, the Secretary shall submit to
    Congress a classified final report on the program under subsection
    (b) that includes the following:
        (A) A survey by the Secretary of the facilities and sites
      worldwide that contain proliferation-attractive fissile
      materials, radiological materials, or related equipment.
        (B) A list of sites determined by the Secretary to be of the
      highest priority, taking into account risk of theft from such
      sites, for removal or security of proliferation-attractive
      fissile materials, radiological materials, or related equipment,
      organized by level of priority.
        (C) A plan, including activities under the program under this
      section, for the removal, security, or both of proliferation-
      attractive fissile materials, radiological materials, or related
      equipment at vulnerable facilities and sites worldwide, including
      measurable milestones, metrics, and estimated costs for the
      implementation of the plan.

      (3) A summary of each report under this subsection shall also be
    submitted to Congress in unclassified form.
    (e) Funding
      Amounts authorized to be appropriated to the Secretary of Energy
    for defense nuclear nonproliferation activities shall be available
    for purposes of the program under this section.
    (f) Definitions
      In this section:
        (1) The term "fissile materials" means plutonium, highly-
      enriched uranium, or other material capable of sustaining an
      explosive nuclear chain reaction, including irradiated items
      containing such materials if the radiation field from such items
      is not sufficient to prevent the theft or misuse of such items.
        (2) The term "radiological materials" includes Americium-241,
      Californium-252, Cesium-137, Cobalt-60, Iridium-192, Plutonium-
      238, Radium-226, Strontium-90, Curium-244, and irradiated items
      containing such materials, or other materials designated by the
      Secretary of Energy for purposes of this paragraph.
        (3) The term "related equipment" includes equipment useful for
      enrichment of uranium in the isotope 235 and for extraction of
      fissile materials from irradiated fuel rods and other equipment
      designated by the Secretary of Energy for purposes of this
      section.
        (4) The term "highly-enriched uranium" means uranium enriched
      to or above 20 percent in the isotope 235.
        (5) The term "low-enriched uranium" means uranium enriched
      below 20 percent in the isotope 235.
        (6) The term "proliferation-attractive", in the case of fissile
      materials and radiological materials, means quantities and types
      of such materials that are determined by the Secretary of Energy
      to present a significant risk to the national security of the
      United States if diverted to a use relating to proliferation.

-SOURCE-
    (Pub. L. 108-375, div. C, title XXXI, Sec. 3132, Oct. 28, 2004, 118
    Stat. 2166.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Ronald W. Reagan National
    Defense Authorization Act for Fiscal Year 2005, and not as part of
    the Atomic Energy Defense Act which comprises this chapter.

-End-

-CITE-
    50 USC Sec. 2570                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2570. Silk Road Initiative

-STATUTE-
    (a) Program authorized
      (1) The Secretary of Energy may carry out a program, to be known
    as the Silk Road Initiative, to promote non-weapons-related
    employment opportunities for scientists, engineers, and technicians
    formerly engaged in activities to develop and produce weapons of
    mass destruction in Silk Road nations. The program should - 
        (A) incorporate best practices under the Initiatives for
      Proliferation Prevention program; and
        (B) facilitate commercial partnerships between private entities
      in the United States and scientists, engineers, and technicians
      in the Silk Road nations.

      (2) Before implementing the program with respect to multiple Silk
    Road nations, the Secretary of Energy shall carry out a pilot
    program with respect to one Silk Road nation selected by the
    Secretary. It is the sense of Congress that the Secretary should
    select the Republic of Georgia.
    (b) Silk Road nations defined
      In this section, the Silk Road nations are Armenia, Azerbaijan,
    the Republic of Georgia, Kazakhstan, Kyrgyzstan, Tajikistan,
    Turkmenistan, and Uzbekistan.
    (c) Funding
      Of the funds authorized to be appropriated to the Department of
    Energy for nonproliferation and international security for fiscal
    year 2005, up to $10,000,000 may be used to carry out this section.

-SOURCE-
    (Pub. L. 108-375, div. C, title XXXI, Sec. 3133, Oct. 28, 2004, 118
    Stat. 2168.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Ronald W. Reagan National
    Defense Authorization Act for Fiscal Year 2005, and not as part of
    the Atomic Energy Defense Act which comprises this chapter.

-End-

-CITE-
    50 USC Sec. 2571                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER III - PROLIFERATION MATTERS

-HEAD-
    Sec. 2571. Nuclear Nonproliferation Fellowships for scientists
      employed by United States and Russian Federation

-STATUTE-
    (a) In general
      (1) From amounts made available to carry out this section, the
    Administrator for Nuclear Security may carry out a program under
    which the Administrator awards, to scientists employed at
    nonproliferation research laboratories of the Russian Federation
    and the United States, international exchange fellowships, to be
    known as Nuclear Nonproliferation Fellowships, in the nuclear
    nonproliferation sciences.
      (2) The purpose of the program shall be to provide opportunities
    for advancement in the nuclear nonproliferation sciences to
    scientists who, as demonstrated by their academic or professional
    achievements, show particular promise of making significant
    contributions in those sciences.
      (3) A fellowship awarded to a scientist under the program shall
    be for collaborative study and training or advanced research at - 
        (A) a nonproliferation research laboratory of the Russian
      Federation, in the case of a scientist employed at a
      nonproliferation research laboratory of the United States; and
        (B) a nonproliferation research laboratory of the United
      States, in the case of a scientist employed at a nonproliferation
      research laboratory of the Russian Federation.

      (4) The duration of a fellowship under the program may not exceed
    two years, except that the Administrator may provide for a longer
    duration in an individual case to the extent warranted by
    extraordinary circumstances, as determined by the Administrator.
      (5) In a calendar year, the Administrator may not award more than
    - 
        (A) one fellowship to a scientist employed at a
      nonproliferation research laboratory of the Russian Federation;
      and
        (B) one fellowship to a scientist employed at a
      nonproliferation research laboratory of the United States.

      (6) A fellowship under the program shall include - 
        (A) travel expenses; and
        (B) any other expenses that the Administrator considers
      appropriate, such as room and board.
    (b) Definitions
      In this section:
        (1) The term "nonproliferation research laboratory" means, with
      respect to a country, a national laboratory of that country at
      which research in the nuclear nonproliferation sciences is
      carried out.
        (2) The term "nuclear nonproliferation sciences" means bodies
      of scientific knowledge relevant to developing or advancing the
      means to prevent or impede the proliferation of nuclear weaponry.
        (3) The term "scientist" means an individual who has a degree
      from an institution of higher education in a science that has
      practical application in the nuclear nonproliferation sciences.
    (c) Funding
      Amounts available to the Department of Energy for defense nuclear
    nonproliferation activities shall be available for the fellowships
    authorized by subsection (a).

-SOURCE-
    (Pub. L. 108-375, div. C, title XXXI, Sec. 3134, Oct. 28, 2004, 118
    Stat. 2169.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Ronald W. Reagan National
    Defense Authorization Act for Fiscal Year 2005, and not as part of
    the Atomic Energy Defense Act which comprises this chapter.

-End-

-CITE-
    50 USC SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND
           WASTE MANAGEMENT MATTERS                        01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   

-HEAD-
      SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                                  MATTERS

-End-

-CITE-
    50 USC Part A - Environmental Restoration and Waste
                     Management                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part A - Environmental Restoration and Waste Management

-HEAD-
          PART A - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT      

-End-

-CITE-
    50 USC Sec. 2581                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part A - Environmental Restoration and Waste Management

-HEAD-
    Sec. 2581. Defense Environmental Restoration and Waste Management
      Account

-STATUTE-
    (a) Establishment
      There is hereby established in the Treasury of the United States
    for the Department of Energy an account to be known as the "Defense
    Environmental Restoration and Waste Management Account" (hereafter
    in this section referred to as the "Account").
    (b) Amounts in Account
      All sums appropriated to the Department of Energy for
    environmental restoration and waste management at defense nuclear
    facilities shall be credited to the Account. Such appropriations
    shall be authorized annually by law. To the extent provided in
    appropriations Acts, amounts in the Account shall remain available
    until expended.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4401, formerly Pub. L.
    102-190, div. C, title XXXI, Sec. 3134, Dec. 5, 1991, 105 Stat.
    1575; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4401, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(2), Nov. 24,
    2003, 117 Stat. 1764.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274f of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-End-

-CITE-
    50 USC Sec. 2582                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part A - Environmental Restoration and Waste Management

-HEAD-
    Sec. 2582. Requirement to develop future use plans for
      environmental management programs

-STATUTE-
    (a) Authority to develop future use plans
      The Secretary of Energy may develop future use plans for any
    defense nuclear facility at which environmental restoration and
    waste management activities are occurring.
    (b) Requirement to develop future use plans
      The Secretary shall develop a future use plan for each of the
    following defense nuclear facilities:
        (1) Hanford Site, Richland, Washington.
        (2) Rocky Flats Plant, Golden, Colorado.
        (3) Savannah River Site, Aiken, South Carolina.
        (4) Idaho National Engineering Laboratory, Idaho.
    (c) Citizen advisory board
      (1) At each defense nuclear facility for which the Secretary of
    Energy intends or is required to develop a future use plan under
    this section and for which no citizen advisory board has been
    established, the Secretary shall establish a citizen advisory
    board.
      (2) The Secretary may authorize the manager of a defense nuclear
    facility for which a future use plan is developed under this
    section (or, if there is no such manager, an appropriate official
    of the Department of Energy designated by the Secretary) to pay
    routine administrative expenses of a citizen advisory board
    established for that facility. Such payments shall be made from
    funds available to the Secretary for program direction in carrying
    out environmental restoration and waste management activities
    necessary for national security programs.
    (d) Requirement to consult with citizen advisory board
      In developing a future use plan under this section with respect
    to a defense nuclear facility, the Secretary of Energy shall
    consult with a citizen advisory board established pursuant to
    subsection (c) or a similar advisory board already in existence as
    of September 23, 1996, for such facility, affected local
    governments (including any local future use redevelopment
    authorities), and other appropriate State agencies.
    (e) 50-year planning period
      A future use plan developed under this section shall cover a
    period of at least 50 years.
    (f) Deadlines
      For each facility listed in subsection (b), the Secretary of
    Energy shall develop a draft future use plan by October 1, 1997,
    and a final future use plan by March 15, 1998.
    (g) Report
      Not later than 60 days after completing development of a final
    plan for a site listed in subsection (b), the Secretary of Energy
    shall submit to Congress a report on the plan. The report shall
    describe the plan and contain such findings and recommendations
    with respect to the site as the Secretary considers appropriate.
    (h) Savings provisions
      (1) Nothing in this section, or in a future use plan developed
    under this section with respect to a defense nuclear facility,
    shall be construed as requiring any modification to a future use
    plan with respect to a defense nuclear facility that was developed
    before September 23, 1996.
      (2) Nothing in this section may be construed to affect statutory
    requirements for an environmental restoration or waste management
    activity or project or to modify or otherwise affect applicable
    statutory or regulatory environmental restoration and waste
    management requirements, including substantive standards intended
    to protect public health and the environment, nor shall anything in
    this section be construed to preempt or impair any local land use
    planning or zoning authority or State authority.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4402, formerly Pub. L.
    104-201, div. C, title XXXI, Sec. 3153, Sept. 23, 1996, 110 Stat.
    2839; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4402,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(3),
    Nov. 24, 2003, 117 Stat. 1764.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7274k of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d). Pub. L. 108-136, Sec. 3141(g)(3)(D)(i),
    substituted "September 23, 1996," for "the date of the enactment of
    this Act".
      Subsec. (h)(1). Pub. L. 108-136, Sec. 3141(g)(3)(D)(ii),
    substituted "September 23, 1996" for "the date of the enactment of
    this Act".

-End-

-CITE-
    50 USC Sec. 2583                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part A - Environmental Restoration and Waste Management

-HEAD-
    Sec. 2583. Integrated fissile materials management plan

-STATUTE-
    (a) Plan
      The Secretary of Energy shall develop a long-term plan for the
    integrated management of fissile materials by the Department of
    Energy. The plan shall - 
        (1) identify means of coordinating or integrating the
      responsibilities of the Office of Environmental Management, the
      Office of Fissile Materials Disposition, the Office of Nuclear
      Energy, and the Office of Defense Programs for the treatment,
      storage and disposition of fissile materials, and for the waste
      streams containing fissile materials, in order to achieve
      budgetary and other efficiencies in the discharge of those
      responsibilities; and
        (2) identify any expenditures necessary at the sites that are
      anticipated to have an enduring mission for plutonium management
      in order to achieve the integrated management of fissile
      materials by the Department.
    (b) Submittal to Congress
      The Secretary shall submit the plan required by subsection (a) to
    the Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives not later than March
    31, 2000.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4403, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3172, Oct. 5, 1999, 113 Stat. 948;
    renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4403, by Pub.
    L. 108-136, div. C, title XXXI, Sec. 3141(g)(4), Nov. 24, 2003, 117
    Stat. 1764.)

-End-

-CITE-
    50 USC Sec. 2584                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part A - Environmental Restoration and Waste Management

-HEAD-
    Sec. 2584. Baseline environmental management reports

-STATUTE-
    (a) Annual environmental restoration reports
      (1) The Secretary of Energy shall (in the years and at the times
    specified in paragraph (2)) submit to the Congress a report on the
    activities and projects necessary to carry out the environmental
    restoration of all Department of Energy defense nuclear facilities.
      (2) Reports under paragraph (1) shall be submitted as follows:
        (A) The initial report shall be submitted not later than March
      1, 1995.
        (B) A report after the initial report shall be submitted in
      each year after 1995 during which the Secretary of Energy
      conducts, or plans to conduct, environmental restoration
      activities and projects, not later than 30 days after the date on
      which the President submits to the Congress the budget for the
      fiscal year beginning in that year.
    (b) Biennial waste management reports
      (1) The Secretary of Energy shall (in the years and at the times
    specified in paragraph (2)) submit to the Congress a report on all
    activities and projects for waste management, including pollution
    prevention and transition of operational facilities to safe
    shutdown status, that are necessary for Department of Energy
    defense nuclear facilities.
      (2) Reports required under paragraph (1) shall be submitted as
    follows:
        (A) The initial report shall be submitted not later than June
      1, 1995.
        (B) A report after the initial report shall be submitted in
      each odd-numbered year after 1997, not later than 30 days after
      the date on which the President submits to the Congress the
      budget for the fiscal year beginning in that year.
    (c) Contents of reports
      A report required under subsection (a) or (b) shall be based on
    compliance with all applicable provisions of law, permits,
    regulations, orders, and agreements, and shall - 
        (1) provide the estimated total cost of, and the complete
      schedule for, the activities and projects covered by the report;
        (2) with respect to each such activity and project, contain - 
          (A) a description of the activity or project;
          (B) a description of the problem addressed by the activity or
        project;
          (C) the proposed remediation of the problem, if the
        remediation is known or decided;
          (D) the estimated cost to complete the activity or project,
        including, where appropriate, the cost for every five-year
        increment;
          (E) the estimated date for completion of the activity or
        project, including, where appropriate, progress milestones for
        every five-year increment; and
          (F) a description of the personnel and facilities required to
        complete the activity or project; and

        (3) contain a description of the research and development
      necessary to develop the technology to conduct the activities and
      projects covered by the report.
    (d) Biennial status and variance reports
      (1)(A) The Secretary of Energy shall (in the years and at the
    time specified in subparagraph (B)) submit to the Congress a status
    and variance report on environmental restoration and waste
    management activities and projects at Department of Energy defense
    nuclear facilities.
      (B) A report under subparagraph (A) shall be submitted in 1995
    and in each odd-numbered year thereafter during which the Secretary
    of Energy conducts environmental restoration and waste management
    activities, not later than 30 days after the date on which the
    President submits to the Congress the budget for the fiscal year
    beginning in that year.
      (2) Each status and variance report under paragraph (1) shall
    contain the following:
        (A) Information on each such activity and project for which
      funds were appropriated for the two fiscal years immediately
      before the fiscal year during which the report is submitted,
      including the following:
          (i) Information on whether or not the activity or project has
        been completed, and information on the estimated date of
        completion for activities or projects that have not been
        completed.
          (ii) The total amount of funds expended for the activity or
        project during such prior fiscal years, including the amount of
        funds expended from amounts made available as the result of
        supplemental appropriations or a transfer of funds, and an
        estimate of the total amount of funds required to complete the
        activity or project.
          (iii) Information on whether the President requested an
        amount of funds for the activity or project in the budget for
        the fiscal year during which the report is submitted, and
        whether such funds were appropriated or transferred.
          (iv) An explanation of the reasons for any projected cost
        variance between actual and estimated expenditures of more than
        15 percent or $10,000,000, or any schedule delay of more than
        six months, for the activity or project.

        (B) For the fiscal year during which the report is submitted, a
      disaggregation of the funds appropriated for Department of Energy
      defense environmental restoration and waste management into the
      activities and projects (including discrete parts of multiyear
      activities and projects) that the Secretary of Energy expects to
      accomplish during that fiscal year.
        (C) For the fiscal year for which the budget is submitted, a
      disaggregation of the Department of Energy defense environmental
      restoration and waste management budget request into the
      activities and projects (including discrete parts of multiyear
      activities and projects) that the Secretary of Energy expects to
      accomplish during that fiscal year.
    (e) Compliance tracking
      In preparing a report under this section, the Secretary of Energy
    shall provide, with respect to each activity and project identified
    in the report, information which is sufficient to track the
    Department of Energy's compliance with relevant Federal and State
    regulatory milestones.
    (f) Public participation in development of information
      (1) The Secretary of Energy shall consult with the Administrator
    of the Environmental Protection Agency, the Attorney General,
    Governors and Attorneys General of affected States, appropriate
    representatives of affected Indian tribes, and interested members
    of the public in the development of information necessary to
    complete the reports required by subsections (a), (b), and (d).
      (2) Consultation under paragraph (1) shall not interfere with the
    timely submission to Congress of the budget for a fiscal year.
      (3) The Secretary may award grants to, and enter into cooperative
    agreements with, affected States and affected Indian tribes to
    facilitate the participation of such entities in the development of
    information under this subsection. The Secretary may also take
    appropriate action to facilitate the participation of interested
    members of the public in such development under this subsection.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4404, formerly Pub. L.
    103-160, div. C, title XXXI, Sec. 3153, Nov. 30, 1993, 107 Stat.
    1950; Pub. L. 103-337, div. C, title XXXI, Sec. 3160(b)-(d), Oct.
    5, 1994, 108 Stat. 3094; Pub. L. 104-201, div. C, title XXXI, Sec.
    3152, Sept. 23, 1996, 110 Stat. 2839; Pub. L. 105-85, div. C, title
    XXXI, Sec. 3160, Nov. 18, 1997, 111 Stat. 2048; renumbered Pub. L.
    107-314, div. D, title XLIV, Sec. 4404, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(g)(5), Nov. 24, 2003, 117 Stat. 1765.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274k of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (b)(2)(B). Pub. L. 105-85 substituted "1997" for
    "1995".
      1996 - Subsec. (b). Pub. L. 104-201, Sec. 3152(1), substituted
    "Biennial" for "Annual" in heading and "each odd-numbered year
    after 1995" for "each year after 1995" in par. (2)(B).
      Subsec. (d). Pub. L. 104-201, Sec. 3152(2), substituted
    "Biennial" for "Annual" in heading, "each odd-numbered year" for
    "each year" in par. (1)(B), "two fiscal years immediately" for "the
    fiscal year immediately" in introductory provisions of par. (2)(A),
    and "prior fiscal years" for "prior fiscal year" in par.
    (2)(A)(ii).
      1994 - Subsec. (b)(1). Pub. L. 103-337, Sec. 3160(b), inserted
    "including pollution prevention and" after "waste management," and
    struck out "and technology research and development related to such
    activities and projects" after "shutdown status,".
      Subsec. (c)(2)(F). Pub. L. 103-337, Sec. 3160(c)(2)-(4), added
    subpar. (F).
      Subsec. (c)(3). Pub. L. 103-337, Sec. 3160(c)(1), (5), added par.
    (3).
      Subsec. (f). Pub. L. 103-337, Sec. 3160(d), added subsec. (f).

-End-

-CITE-
    50 USC Sec. 2585                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part A - Environmental Restoration and Waste Management

-HEAD-
    Sec. 2585. Accelerated schedule for environmental restoration and
      waste management activities

-STATUTE-
    (a) Accelerated cleanup
      The Secretary of Energy shall accelerate the schedule for
    environmental restoration and waste management activities and
    projects for a site at a Department of Energy defense nuclear
    facility if the Secretary determines that such an accelerated
    schedule will achieve meaningful, long-term cost savings to the
    Federal Government and could substantially accelerate the release
    of land for local reuse.
    (b) Consideration of factors
      In making a determination under subsection (a), the Secretary
    shall consider the following:
        (1) The cost savings achievable by the Federal Government.
        (2) The amount of time for completion of environmental
      restoration and waste management activities and projects at the
      site that can be reduced from the time specified for completion
      of such activities and projects in the baseline environmental
      management report required to be submitted for 1995 under section
      3153 of the National Defense Authorization Act for Fiscal Year
      1994 (42 U.S.C. 7274k), the predecessor provision to section 2584
      of this title.
        (3) The potential for reuse of the site.
        (4) The risks that the site poses to local health and safety.
        (5) The proximity of the site to populated areas.
    (c) Report
      Not later than May 1, 1996, the Secretary shall submit to
    Congress a report on each site for which the Secretary has
    accelerated the schedule for environmental restoration and waste
    management activities and projects under subsection (a). The report
    shall include an explanation of the basis for the determination for
    that site required by such subsection, including an explanation of
    the consideration of the factors described in subsection (b).
    (d) Savings provision
      Nothing in this section may be construed to affect a specific
    statutory requirement for a specific environmental restoration or
    waste management activity or project or to modify or otherwise
    affect applicable statutory or regulatory environmental restoration
    and waste management requirements, including substantive standards
    intended to protect public health and the environment.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4405, formerly Pub. L.
    104-106, div. C, title XXXI, Sec. 3156, Feb. 10, 1996, 110 Stat.
    625; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4405, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(6), Nov.
    24, 2003, 117 Stat. 1765.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3153 of the National Defense Authorization Act for Fiscal
    Year 1994, referred to in subsec. (b)(2), is section 3153 of Pub.
    L. 103-160, div. C, title XXXI, Nov. 30, 1993, 107 Stat. 1950,
    which was formerly classified to section 7274k of Title 42, The
    Public Health and Welfare, prior to renumbering and transfer to
    section 2584 of this title by Pub. L. 108-136.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7274k of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(2). Pub. L. 108-136, Sec. 3141(g)(6)(D),
    inserted ", the predecessor provision to section 2584 of this
    title" before period at end.

-End-

-CITE-
    50 USC Sec. 2586                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part A - Environmental Restoration and Waste Management

-HEAD-
    Sec. 2586. Defense waste cleanup technology program

-STATUTE-
    (a) Establishment of program
      The Secretary of Energy shall establish and carry out a program
    of research for the development of technologies useful for (1) the
    reduction of environmental hazards and contamination resulting from
    defense waste, and (2) environmental restoration of inactive
    defense waste disposal sites.
    (b) Coordination of research activities
      (1) In order to ensure nonduplication of research activities by
    the Department of Energy regarding technologies referred to in
    subsection (a), the Secretary shall coordinate the research
    activities of the Department of Energy relating to the development
    of such technologies with the research activities of the
    Environmental Protection Agency, the Department of Defense, and
    other appropriate Federal agencies relating to the same matter.
      (2) To the extent that funds are otherwise available for
    obligation, the Secretary may enter into cooperative agreements
    with the Environmental Protection Agency, the Department of
    Defense, and other appropriate Federal agencies for the conduct of
    research for the development of technologies referred to in
    subsection (a).
    (c) Definitions
      As used in this section:
        (1) The term "defense waste" means waste, including radioactive
      waste, resulting primarily from atomic energy defense activities
      of the Department of Energy.
        (2) The term "inactive defense waste disposal site" means any
      site (including any facility) under the control or jurisdiction
      of the Secretary of Energy which is used for the disposal of
      defense waste and is closed to the disposal of additional defense
      waste, including any site that is subject to decontamination and
      decommissioning.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4406, formerly Pub. L.
    101-189, div. C, title XXXI, Sec. 3141, Nov. 29, 1989, 103 Stat.
    1679; Pub. L. 105-85, div. C, title XXXI, Sec. 3152(g), Nov. 18,
    1997, 111 Stat. 2042; renumbered Pub. L. 107-314, div. D, title
    XLIV, Sec. 4406, and amended Pub. L. 108-136, div. C, title XXXI,
    Sec. 3141(g)(7), Nov. 24, 2003, 117 Stat. 1765.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274a of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(7)(D), made technical
    amendment to section catchline.
      1997 - Subsecs. (c), (d). Pub. L. 105-85 redesignated subsec. (d)
    as (c) and struck out former subsec. (c) which required Secretary
    of Energy to submit to Congress not later than Apr. 1 each year a
    report on research activities of Department of Energy for
    development of technologies referred to in subsec. (a).

-End-

-CITE-
    50 USC Sec. 2587                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part A - Environmental Restoration and Waste Management

-HEAD-
    Sec. 2587. Report on environmental restoration expenditures

-STATUTE-
      Each year, at the same time the President submits to Congress the
    budget for a fiscal year (pursuant to section 1105 of title 31),
    the Secretary of Energy shall submit to Congress a report on how
    the environmental restoration and waste management funds for
    defense activities of the Department of Energy were expended during
    the fiscal year preceding the fiscal year during which the budget
    is submitted. The report shall include details on expenditures by
    operations office, installation, budget category, and activity. The
    report also shall include any schedule changes or modifications to
    planned activities for the fiscal year in which the budget is
    submitted.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4407, formerly Pub. L.
    101-510, div. C, title XXXI, Sec. 3134, Nov. 5, 1990, 104 Stat.
    1833; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4407,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(8),
    Nov. 24, 2003, 117 Stat. 1765.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274c of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(8)(D), made technical
    amendment to section catchline.

-End-

-CITE-
    50 USC Sec. 2588                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part A - Environmental Restoration and Waste Management

-HEAD-
    Sec. 2588. Public participation in planning for environmental
      restoration and waste management at defense nuclear facilities

-STATUTE-
      The Secretary of Energy shall consult with the Administrator of
    the Environmental Protection Agency, the Attorney General,
    Governors and Attorneys General of affected States, appropriate
    representatives of affected Indian tribes, and interested members
    of the public in any planning conducted by the Secretary for
    environmental restoration and waste management at Department of
    Energy defense nuclear facilities.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4408, formerly Pub. L.
    103-337, div. C, title XXXI, Sec. 3160(e), Oct. 5, 1994, 108 Stat.
    3095; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4408,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(9),
    Nov. 24, 2003, 117 Stat. 1765.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7274g of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(9)(C), substituted "Public
    participation in planning for environmental restoration and waste
    management at defense nuclear facilities" for "Public participation
    in planning" in section catchline.

-End-

-CITE-
    50 USC Sec. 2589                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part A - Environmental Restoration and Waste Management

-HEAD-
    Sec. 2589. Policy of Department of Energy regarding future defense
      environmental management matters

-STATUTE-
    (a) Policy required
      (1) Commencing not later than October 1, 2005, the Secretary of
    Energy shall have in effect a policy for carrying out future
    defense environmental management matters of the Department of
    Energy. The policy shall specify each officer within the Department
    with responsibilities for carrying out that policy and, for each
    such officer, the nature and extent of those responsibilities.
      (2) In paragraph (1), the term "future defense environmental
    management matter" means any environmental cleanup project,
    decontamination and decommissioning project, waste management
    project, or related activity that arises out of the activities of
    the Department in carrying out programs necessary for national
    security and is to be commenced after November 24, 2003. However,
    such term does not include any such project or activity the
    responsibility for which has been assigned, as of November 24,
    2003, to the Environmental Management program of the Department.
    (b) Reflection in budget
      For fiscal year 2006 and each fiscal year thereafter, the
    Secretary shall ensure that the budget justification materials
    submitted to Congress in support of the Department of Energy budget
    for such fiscal year (as submitted with the budget of the President
    under section 1105(a) of title 31) reflect the policy required by
    subsection (a).
    (c) Consultation
      The Secretary shall carry out this section in consultation with
    the Administrator for Nuclear Security and the Under Secretary of
    Energy for Energy, Science, and Environment.
    (d) Report
      The Secretary shall include with the budget justification
    materials submitted to Congress in support of the Department of
    Energy budget for fiscal year 2005 (as submitted with the budget of
    the President under section 1105(a) of title 31) a report on the
    policy that the Secretary plans to have in effect under subsection
    (a) as of October 1, 2005. The report shall specify the officers
    and responsibilities referred to in subsection (a).

-SOURCE-
    (Pub. L. 108-136, div. C, title XXXI, Sec. 3132, Nov. 24, 2003, 117
    Stat. 1750.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 2004, and not as part of the Atomic Energy
    Defense Act which comprises this chapter.

-End-

-CITE-
    50 USC Part B - Closure of Facilities                       01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part B - Closure of Facilities

-HEAD-
                      PART B - CLOSURE OF FACILITIES                  

-End-

-CITE-
    50 USC Sec. 2601                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part B - Closure of Facilities

-HEAD-
    Sec. 2601. Projects to accelerate closure activities at defense
      nuclear facilities

-STATUTE-
    (a) In general
      The Secretary of Energy shall select and carry out closure-
    acceleration projects in accordance with this section.
    (b) Purpose
      The purpose of a closure-acceleration project shall be, within a
    fixed period of time, to clean up or decommission a Department of
    Energy defense nuclear facility or portion thereof and to make the
    facility safe by stabilizing, consolidating, treating, or removing
    nuclear materials from the facility in order to reduce
    significantly or eliminate future costs at the facility.
    (c) Eligible projects
      (1) The Secretary of Energy may establish a closure-acceleration
    project as eligible for selection under subsection (e) by - 
        (A) developing a plan for the project that meets the criteria
      under paragraph (2); and
        (B) determining that the project will achieve significant long-
      term cost savings to the Federal Government from the baseline
      cost estimate made by the Department of Energy for the project.

      (2) A plan for a closure-acceleration project under this section
    shall - 
        (A) define a clear, delineated scope of work for completion of
      the project;
        (B) demonstrate that, with respect to the site of the proposed
      project, there is a regulatory agreement between the Department
      of Energy and other appropriate authorities for the
      implementation of environmental remediation requirements that
      would allow for successful completion of the project;
        (C) demonstrate, to the maximum extent possible, the support of
      State and local elected officials and the public for the project;
        (D) contain performance-based provisions to be included in the
      contract for the project, including - 
          (i) clearly stated and results-oriented performance criteria
        and measures;
          (ii) appropriate incentives for the contractor to meet and
        exceed the performance criteria effectively and efficiently;
          (iii) appropriate criteria and incentives for the contractor
        to seek and engage subcontractors who may more effectively and
        efficiently perform either unique and technologically
        challenging tasks or routine and interchangeable services;
          (iv) specific incentives for cost savings;
          (v) financial accountability; and
          (vi) when appropriate, reduction of fee for failure to meet
        minimum performance criteria and standards;

        (E) demonstrate that the project will use new and innovative
      cleanup and waste management technology with potential for
      application to other locations and facilities without requiring
      the development of new technologies; and
        (F) demonstrate that the project can be completed within 10
      years from the date of its selection.
    (d) Program administration
      The Secretary of Energy, acting through the Assistant Secretary
    for Environmental Management, shall implement a program to carry
    out the provisions of this section.
    (e) Selection of projects
      (1) The Secretary of Energy shall select closure-acceleration
    projects to be carried out under this section from among those
    projects established as eligible under subsection (c) that will
    result in the most significant long-term cost savings to the
    Government and the most significant reduction of imminent risk.
      (2) For each project selected, the Secretary shall submit to
    Congress a report setting forth the reasons why the project was
    selected, based on the criteria under subsection (c)(2) and
    paragraph (1) of this subsection.
    (f) Multiyear contracts
      Notwithstanding section 254c(d) of title 41, the Secretary of
    Energy may enter into multiyear contracts to carry out projects
    selected under this section for up to 10 program years.
    (g) Funding
      (1) In the budget submitted to Congress under section 1105(a) of
    title 31 each year, the President shall set forth funds for
    carrying out closure-acceleration projects under this section as a
    separate item in the environmental restoration and waste management
    account of the Department of Energy budget.
      (2) Funds appropriated for purposes of carrying out projects
    under this section shall remain available until expended.
      (3) If a closure-acceleration project is being carried out at a
    defense nuclear facility with funds appropriated for such projects,
    the Secretary of Energy may not reduce the funds otherwise
    allocated to that defense nuclear facility for environmental
    restoration and waste management by reason of the funds being used
    for the project at that facility.
      (4) Funds appropriated for purposes of carrying out projects
    under this section may not be used for an item for which Congress
    has specifically denied funds or for a new program or project that
    has not been authorized by Congress.
    (h) Annual report
      The Secretary of Energy shall submit each year to Congress a
    report on the status of each closure-acceleration project being
    carried out under this section. The report shall include, for each
    such project, the following:
        (1) A description of the funding already provided for the
      project.
        (2) A description of the extent of the cleanup,
      decommissioning, stabilization, consolidation, treatment, or
      removal activities completed.
        (3) A comparison of the actual results of the project to the
      original proposal and the actual cost of the project to the
      originally proposed cost.
        (4) A description of the funding needed in future fiscal years
      for completion of the project.
    (i) Duration of program
      No closure-acceleration project selected under this section may
    be carried out after September 23, 2011.
    (j) Savings provision
      Nothing in this section may be construed to affect statutory
    requirements for an environmental restoration or waste management
    activity or project or to modify or otherwise affect applicable
    statutory or regulatory environmental restoration and waste
    management requirements, including substantive standards intended
    to protect public health and the environment, nor shall anything in
    this section be construed to preempt or impair any local land use
    planning or zoning authority or State authority.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4421, formerly Pub. L.
    104-201, div. C, title XXXI, Sec. 3143, Sept. 23, 1996, 110 Stat.
    2836; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4421,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(11),
    Nov. 24, 2003, 117 Stat. 1766.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274n of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (i). Pub. L. 108-136, Sec. 3141(g)(11)(D),
    substituted "September 23, 2011" for "the expiration of the 15-year
    period beginning on September 23, 1996".

                   DEFENSE SITE ACCELERATION COMPLETION               
      Pub. L. 108-375, div. C, title XXXI, Sec. 3116, Oct. 28, 2004,
    118 Stat. 2162, provided that:
      "(a) In General. - Notwithstanding the provisions of the Nuclear
    Waste Policy Act of 1982 [42 U.S.C. 10101 et seq.], the
    requirements of section 202 of the Energy Reorganization Act of
    1974 [42 U.S.C. 5842], and other laws that define classes of
    radioactive waste, with respect to material stored at a Department
    of Energy site at which activities are regulated by a covered State
    pursuant to approved closure plans or permits issued by the State,
    the term 'high-level radioactive waste' does not include
    radioactive waste resulting from the reprocessing of spent nuclear
    fuel that the Secretary of Energy (in this section referred to as
    the 'Secretary'), in consultation with the Nuclear Regulatory
    Commission (in this section referred to as the 'Commission'),
    determines - 
        "(1) does not require permanent isolation in a deep geologic
      repository for spent fuel or high-level radioactive waste;
        "(2) has had highly radioactive radionuclides removed to the
      maximum extent practical; and
        "(3)(A) does not exceed concentration limits for Class C low-
      level waste as set out in section 61.55 of title 10, Code of
      Federal Regulations, and will be disposed of - 
          "(i) in compliance with the performance objectives set out in
        subpart C of part 61 of title 10, Code of Federal Regulations;
        and
          "(ii) pursuant to a State-approved closure plan or State-
        issued permit, authority for the approval or issuance of which
        is conferred on the State outside of this section; or
        "(B) exceeds concentration limits for Class C low-level waste
      as set out in section 61.55 of title 10, Code of Federal
      Regulations, but will be disposed of - 
          "(i) in compliance with the performance objectives set out in
        subpart C of part 61 of title 10, Code of Federal Regulations;
          "(ii) pursuant to a State-approved closure plan or State-
        issued permit, authority for the approval or issuance of which
        is conferred on the State outside of this section; and
          "(iii) pursuant to plans developed by the Secretary in
        consultation with the Commission.
      "(b) Monitoring by Nuclear Regulatory Commission. - (1) The
    Commission shall, in coordination with the covered State, monitor
    disposal actions taken by the Department of Energy pursuant to
    subparagraphs (A) and (B) of subsection (a)(3) for the purpose of
    assessing compliance with the performance objectives set out in
    subpart C of part 61 of title 10, Code of Federal Regulations.
      "(2) If the Commission considers any disposal actions taken by
    the Department of Energy pursuant to those subparagraphs to be not
    in compliance with those performance objectives, the Commission
    shall, as soon as practicable after discovery of the noncompliant
    conditions, inform the Department of Energy, the covered State, and
    the following congressional committees:
        "(A) The Committee on Armed Services, the Committee on Energy
      and Commerce, and the Committee on Appropriations of the House of
      Representatives.
        "(B) The Committee on Armed Services, the Committee on Energy
      and Natural Resources, the Committee on Environment and Public
      Works, and the Committee on Appropriations of the Senate.
      "(3) For fiscal year 2005, the Secretary shall, from amounts
    available for defense site acceleration completion, reimburse the
    Commission for all expenses, including salaries, that the
    Commission incurs as a result of performance under subsection (a)
    and this subsection for fiscal year 2005. The Department of Energy
    and the Commission may enter into an interagency agreement that
    specifies the method of reimbursement. Amounts received by the
    Commission for performance under subsection (a) and this subsection
    may be retained and used for salaries and expenses associated with
    those activities, notwithstanding section 3302 of title 31, United
    States Code, and shall remain available until expended.
      "(4) For fiscal years after 2005, the Commission shall include in
    the budget justification materials submitted to Congress in support
    of the Commission budget for that fiscal year (as submitted with
    the budget of the President under section 1105(a) of title 31,
    United States Code) the amounts required, not offset by revenues,
    for performance under subsection (a) and this subsection.
      "(c) Inapplicability to Certain Materials. - Subsection (a) shall
    not apply to any material otherwise covered by that subsection that
    is transported from the covered State.
      "(d) Covered States. - For purposes of this section, the
    following States are covered States:
        "(1) The State of South Carolina.
        "(2) The State of Idaho.
      "(e) Construction. - (1) Nothing in this section shall impair,
    alter, or modify the full implementation of any Federal Facility
    Agreement and Consent Order or other applicable consent decree for
    a Department of Energy site.
      "(2) Nothing in this section establishes any precedent or is
    binding on the State of Washington, the State of Oregon, or any
    other State not covered by subsection (d) for the management,
    storage, treatment, and disposition of radioactive and hazardous
    materials.
      "(3) Nothing in this section amends the definition of
    'transuranic waste' or regulations for repository disposal of
    transuranic waste pursuant to the Waste Isolation Pilot Plant Land
    Withdrawal Act [Pub. L. 102-579, 106 Stat. 4777] or part 191 of
    title 40, Code of Federal Regulations.
      "(4) Nothing in this section shall be construed to affect in any
    way the obligations of the Department of Energy to comply with
    section 4306A of the Atomic Energy Defense Act (50 U.S.C. 2567).
      "(5) Nothing in this section amends the West Valley Demonstration
    Act [Pub. L. 96-368] (42 U.S.C. 2121a [2021a] note).
      "(f) Judicial Review. - Judicial review shall be available in
    accordance with chapter 7 of title 5, United States Code, for the
    following:
        "(1) Any determination made by the Secretary or any other
      agency action taken by the Secretary pursuant to this section.
        "(2) Any failure of the Commission to carry out its
      responsibilities under subsection (b)."

                       SANDIA NATIONAL LABORATORIES                   
      Pub. L. 108-199, div. H, Sec. 127, Jan. 23, 2004, 118 Stat. 440,
    provided that: "Funds appropriated in this, or any other Act
    hereafter, may not be obligated to pay, on behalf of the United
    States or a contractor or subcontractor of the United States, to
    post a bond or fulfill any other financial responsibility
    requirement relating to closure or post-closure care and monitoring
    of Sandia National Laboratories and properties held or managed by
    Sandia National Laboratories prior to implementation of closure or
    post-closure monitoring. The State of New Mexico or any other
    entity may not enforce against the United States or a contractor or
    subcontractor of the United States, in this year or any other
    fiscal year, a requirement to post bond or any other financial
    responsibility requirement relating to closure or post-closure care
    and monitoring of Sandia National Laboratories in New Mexico and
    properties held or managed by Sandia National Laboratories in New
    Mexico."

-End-

-CITE-
    50 USC Sec. 2602                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part B - Closure of Facilities

-HEAD-
    Sec. 2602. Reports in connection with permanent closures of
      Department of Energy defense nuclear facilities

-STATUTE-
    (a) Training and job placement services plan
      Not later than 120 days before a Department of Energy defense
    nuclear facility (as defined in section 2286g of title 42)
    permanently ceases all production and processing operations, the
    Secretary of Energy must submit to the Committees on Armed Services
    of the Senate and the House of Representatives a report containing
    a discussion of the training and job placement services needed to
    enable the employees at such facility to obtain employment in the
    environmental remediation and cleanup activities at such facility.
    The discussion shall include the actions that should be taken by
    the contractor operating and managing such facility to provide
    retraining and job placement services to employees of such
    contractor.
    (b) Closure report
      Upon the permanent cessation of production operations at a
    Department of Energy defense nuclear facility, the Secretary of
    Energy shall submit to Congress a report containing - 
        (1) a complete survey of environmental problems at the
      facility;
        (2) budget quality data indicating the cost of environmental
      restoration and other remediation and cleanup efforts at the
      facility; and
        (3) a discussion of the proposed cleanup schedule.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4422, formerly Pub. L.
    101-189, div. C, title XXXI, Sec. 3156, Nov. 29, 1989, 103 Stat.
    1683; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4422,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(12),
    Nov. 24, 2003, 117 Stat. 1766.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274b of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(12)(D), made technical
    amendment to section catchline.

-End-

-CITE-
    50 USC Part C - Privatization                               01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part C - Privatization

-HEAD-
                          PART C - PRIVATIZATION                      

-End-

-CITE-
    50 USC Sec. 2611                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part C - Privatization

-HEAD-
    Sec. 2611. Defense environmental management privatization projects

-STATUTE-
    (a) Authority to enter into contracts
      The Secretary of Energy may, using funds authorized to be
    appropriated by section 3102(i) of the National Defense
    Authorization Act for Fiscal Year 1998 (Public Law 105-85) for a
    project referred to in that section, enter into a contract that - 
        (1) is awarded on a competitive basis;
        (2) requires the contractor to construct or acquire any
      equipment or facilities required to carry out the contract;
        (3) requires the contractor to bear any of the costs of the
      construction, acquisition, and operation of such equipment or
      facilities that arise before the commencement of the provision of
      goods or services under the contract; and
        (4) provides for payment to the contractor under the contract
      only upon the meeting of performance specifications in the
      contract.
    (b) Notice and wait
      (1) The Secretary may not enter into a contract under subsection
    (a), exercise an authorization to proceed with such a contract or
    extend any contract period for such a contract by more than one
    year until 30 days after the date on which the Secretary submits to
    the congressional defense committees a report with respect to the
    contract.
      (2) Except as provided in paragraph (3), a report under paragraph
    (1) with respect to a contract shall set forth - 
        (A) the anticipated costs and fees of the Department under the
      contract, including the anticipated maximum amount of such costs
      and fees;
        (B) any performance specifications in the contract;
        (C) the anticipated dates of commencement and completion of the
      provision of goods or services under the contract;
        (D) the allocation between the Department and the contractor of
      any financial, regulatory, or environmental obligations under the
      contract;
        (E) any activities planned or anticipated to be required with
      respect to the project after completion of the contract;
        (F) the site services or other support to be provided the
      contractor by the Department under the contract;
        (G) the goods or services to be provided by the Department or
      contractor under the contract, including any additional
      obligations to be borne by the Department or contractor with
      respect to such goods or services;
        (H) if the contract provides for financing of the project by an
      entity or entities other than the United States, a detailed
      comparison of the costs of financing the project through such
      entity or entities with the costs of financing the project by the
      United States;
        (I) the schedule for the contract;
        (J) the costs the Department would otherwise have incurred in
      obtaining the goods or services covered by the contract if the
      Department had not proposed to obtain the goods or services under
      this section;
        (K) an estimate and justification of the cost savings, if any,
      to be realized through the contract, including the assumptions
      underlying the estimate;
        (L) the effect of the contract on any ancillary schedules
      applicable to the facility concerned, including milestones in
      site compliance agreements; and
        (M) the plans for maintaining financial and programmatic
      accountability for activities under the contract.

      (3) In the case of a contract under subsection (a) at the Hanford
    Reservation, the report under paragraph (1) shall set forth - 
        (A) the matters specified in paragraph (2); and
        (B) if the contract contemplates two pilot vitrification plants
      - 
          (i) an analysis of the basis for the selection of each of the
        plants in lieu of a single pilot vitrification plant; and
          (ii) a detailed comparison of the costs to the United States
        of two pilot plants with the costs to the United States of a
        single pilot plant.
    (c) Cost variations
      (1)(A) The Secretary may not enter into a contract for a project
    referred to in subparagraph (B), or obligate funds attributable to
    the capital portion of the cost of such a contract, whenever the
    current estimated cost of the project exceeds the amount of the
    estimated cost of the project as shown in the most recent budget
    justification data submitted to Congress.
      (B) Subparagraph (A) applies to the following:
        (i) A project authorized by section 3102(i) of the National
      Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
      85).
        (ii) A project authorized by section 3103 of the National
      Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
      201; 110 Stat. 2824) for which a contract has not been entered
      into as of November 18, 1997.

      (2) The Secretary may not obligate funds attributable to the
    capital portion of the cost of a contract entered into before such
    date for a project authorized by such section 3103 whenever the
    current estimated cost of the project equals or exceeds 110 percent
    of the amount of the estimated cost of the project as shown in the
    most recent budget justification data submitted to Congress.
    (d) Use of funds for termination of contract
      Not later than 15 days before the Secretary obligates funds
    available for a project authorized by section 3102(i) of the
    National Defense Authorization Act for Fiscal Year 1998 (Public Law
    105-85) to terminate the contract for the project under subsection
    (a), the Secretary shall notify the congressional defense
    committees of the Secretary's intent to obligate the funds for that
    purpose.
    (e) Annual report on contracts
      (1) Not later than February 28 of each year, the Secretary shall
    submit to the congressional defense committees a report on the
    activities, if any, carried out under each contract referred to in
    paragraph (2) during the preceding year. The report shall include
    an update with respect to each such contract of the matters
    specified under subsection (b)(1) as of the date of the report.
      (2) A contract referred to in paragraph (1) is the following:
        (A) A contract under subsection (a) for a project referred to
      in that subsection.
        (B) A contract under section 3103 of the National Defense
      Authorization Act for Fiscal Year 1997.
    (f) Assessment of contracting without sufficient appropriations
      Not later than 90 days after November 18, 1997, the Secretary
    shall submit to the congressional defense committees a report
    assessing whether, and under what circumstances, the Secretary
    could enter into contracts for defense environmental management
    privatization projects in the absence of sufficient appropriations
    to meet obligations under such contracts without thereby violating
    the provisions of section 1341 of title 31.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4431, formerly Pub. L.
    105-85, div. C, title XXXI, Sec. 3132, Nov. 18, 1997, 111 Stat.
    2034; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4431,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(14),
    Nov. 24, 2003, 117 Stat. 1767.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3102(i) of the National Defense Authorization Act for
    Fiscal Year 1998, referred to in subsecs. (a), (c)(1)(B)(i), and
    (d), is section 3102(i) of Pub. L. 105-85, div. C, title XXXI, Nov.
    18, 1997, 111 Stat. 2028, which is not classified to the Code.
      Section 3103 of the National Defense Authorization Act for Fiscal
    Year 1997, referred to in subsecs. (c)(1)(B)(ii), (2) and
    (e)(2)(B), is section 3103 of Pub. L. 104-201, div. C, title XXXI,
    Sept. 23, 1996, 110 Stat. 2824, which is not classified to the
    Code.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsecs. (a), (c)(1)(B)(i). Pub. L. 108-136, Sec.
    3141(g)(14)(D)(i), inserted "of the National Defense Authorization
    Act for Fiscal Year 1998 (Public Law 105-85)" after "section
    3102(i)".
      Subsec. (c)(1)(B)(ii). Pub. L. 108-136, Sec. 3141(g)(14)(D)(ii),
    substituted "November 18, 1997" for "the date of enactment of this
    Act".
      Subsec. (d). Pub. L. 108-136, Sec. 3141(g)(14)(D)(i), inserted
    "of the National Defense Authorization Act for Fiscal Year 1998
    (Public Law 105-85)" after "section 3102(i)".
      Subsec. (f). Pub. L. 108-136, Sec. 3141(g)(14)(D)(ii),
    substituted "November 18, 1997" for "the date of enactment of this
    Act".

-End-

-CITE-
    50 USC Part D - Hanford Reservation, Washington             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part D - Hanford Reservation, Washington

-HEAD-
                 PART D - HANFORD RESERVATION, WASHINGTON             

-End-

-CITE-
    50 USC Sec. 2621                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part D - Hanford Reservation, Washington

-HEAD-
    Sec. 2621. Safety measures for waste tanks at Hanford Nuclear
      Reservation

-STATUTE-
    (a) Identification and monitoring of tanks
      Not later than February 3, 1991, the Secretary of Energy shall
    identify which single-shelled or double-shelled high-level nuclear
    waste tanks at the Hanford Nuclear Reservation, Richland,
    Washington, may have a serious potential for release of high-level
    waste due to uncontrolled increases in temperature or pressure.
    After completing such identification, the Secretary shall determine
    whether continuous monitoring is being carried out to detect a
    release or excessive temperature or pressure at each tank so
    identified. If such monitoring is not being carried out, as soon as
    practicable the Secretary shall install such monitoring, but only
    if a type of monitoring that does not itself increase the danger of
    a release can be installed.
    (b) Action plans
      Not later than March 5, 1991, the Secretary of Energy shall
    develop action plans to respond to excessive temperature or
    pressure or a release from any tank identified under subsection
    (a).
    (c) Prohibition
      Beginning March 5, 1991, no additional high-level nuclear waste
    (except for small amounts removed and returned to a tank for
    analysis) may be added to a tank identified under subsection (a)
    unless the Secretary determines that no safer alternative than
    adding such waste to the tank currently exists or that the tank
    does not pose a serious potential for release of high-level nuclear
    waste.
    (d) Report
      Not later than May 5, 1991, the Secretary shall submit to
    Congress a report on actions taken to promote tank safety,
    including actions taken pursuant to this section, and the
    Secretary's timetable for resolving outstanding issues on how to
    handle the waste in such tanks.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4441, formerly Pub. L.
    101-510, div. C, title XXXI, Sec. 3137, Nov. 5, 1990, 104 Stat.
    1833; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4441,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(16),
    Nov. 24, 2003, 117 Stat. 1767.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(16)(D)(i), made technical
    amendment to section catchline.
      Subsec. (a). Pub. L. 108-136, Sec. 3141(g)(16)(D)(ii),
    substituted "Not later than February 3, 1991," for "Within 90 days
    after the date of the enactment of this Act,".
      Subsec. (b). Pub. L. 108-136, Sec. 3141(g)(16)(D)(iii),
    substituted "Not later than March 5, 1991," for "Within 120 days
    after the date of the enactment of this Act,".
      Subsec. (c). Pub. L. 108-136, Sec. 3141(g)(16)(D)(iv),
    substituted "Beginning March 5, 1991," for "Beginning 120 days
    after the date of the enactment of this Act,".
      Subsec. (d). Pub. L. 108-136, Sec. 3141(g)(16)(D)(v), substituted
    "Not later than May 5, 1991," for "Within six months after the date
    of the enactment of this Act,".

-End-

-CITE-
    50 USC Sec. 2622                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part D - Hanford Reservation, Washington

-HEAD-
    Sec. 2622. Hanford waste tank cleanup program reforms

-STATUTE-
    (a) Establishment of Office of River Protection
      The Secretary of Energy shall establish an office at the Hanford
    Reservation, Richland, Washington, to be known as the "Office of
    River Protection" (in this section referred to as the "Office").
    (b) Management and responsibilities of Office
      (1) The Office shall be headed by a senior official of the
    Department of Energy, who shall report to the Assistant Secretary
    of Energy for Environmental Management.
      (2) The head of the Office shall be responsible for managing,
    consistent with the policy direction established by the Department,
    all aspects of the River Protection Project, Richland, Washington.
      (3)(A) The Assistant Secretary of Energy for Environmental
    Management shall delegate in writing responsibility for the
    management of the River Protection Project, Richland, Washington,
    to the head of the Office.
      (B) Such delegation shall include, at a minimum, authorities for
    contracting, financial management, safety, and general program
    management that are equivalent to the authorities of managers of
    other operations offices of the Department of Energy.
      (C) The head of the Office shall, to the maximum extent possible,
    coordinate all activities of the Office with the manager of the
    Richland Operations Office of the Department of Energy.
    (c) Department responsibilities
      The Secretary shall provide the head of the Office with the
    resources and personnel necessary to carry out the responsibilities
    specified in subsection (b)(2).
    (d) Report
      The Assistant Secretary of Energy for Environmental Management
    shall submit to the Committee on Armed Services of the Senate and
    the Committee on Armed Services of the House of Representatives,
    not later than November 29, 2000, a copy of the delegation of
    authority required by subsection (b)(3).
    (e) Report
      Not later than 2 years after the commencement of operations of
    the Office, the Secretary shall submit to the committees referred
    to in subsection (d) a report describing - 
        (1) any progress in or resulting from the utilization of the
      Tank Waste Remediation System; and
        (2) any improvements in the management structure of the
      Department at Hanford with respect to the Tank Waste Remediation
      System as a result of the Office.
    (f) Termination
      (1) The Office shall terminate on the later to occur of the
    following dates:
        (A) September 30, 2010.
        (B) The date on which the Assistant Secretary of Energy for
      Environmental Management determines, in consultation with the
      head of the Office, that continuation of the Office is no longer
      necessary to carry out the responsibilities of the Department of
      Energy under the Tri-Party Agreement.

      (2) The Assistant Secretary shall notify, in writing, the
    committees referred to in subsection (d) of a determination under
    paragraph (1).
      (3) In this subsection, the term "Tri-Party Agreement" means the
    Hanford Federal Facility Agreement and Consent Order entered into
    among the Department of Energy, the Environmental Protection
    Agency, and the State of Washington Department of Ecology.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4442, formerly Pub. L.
    105-261, div. C, title XXXI, Sec. 3139, Oct. 17, 1998, 112 Stat.
    2250; Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3141(b)-
    (d)], Oct. 30, 2000, 114 Stat. 1654, 1654A-463; Pub. L. 107-107,
    div. C, title XXXI, Sec. 3135, Dec. 28, 2001, 115 Stat. 1368;
    renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4442, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(17), Nov.
    24, 2003, 117 Stat. 1767.)

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d). Pub. L. 108-136, Sec. 3141(g)(17)(D),
    substituted "November 29, 2000," for "30 days after the date of the
    enactment of the Floyd D. Spence National Defense Authorization Act
    for Fiscal Year 2001,".
      2001 - Subsec. (f). Pub. L. 107-107 amended heading and text of
    subsec. (f) generally. Prior to amendment, text read as follows:
      "(1) The Office shall terminate 5 years after the commencement of
    operations under this section unless the Secretary determines that
    termination on that date would disrupt effective management of the
    Hanford Tank Farm operations.
      "(2) The Secretary shall notify, in writing, the committees
    referred to in subsection (d) of a determination under paragraph
    (1)."
      2000 - Subsec. (b). Pub. L. 106-398, Sec. 1 [div. C, title XXXI,
    Sec. 3141(b)], substituted "managing, consistent with the policy
    direction established by the Department, all aspects of the River
    Protection Project, Richland, Washington" for "managing all aspects
    of the Tank Waste Remediation System (also referred to as the
    Hanford Tank Farm operations), including those portions under
    privatization contracts, of the Department of Energy at Hanford" in
    par. (2) and added par. (3).
      Subsec. (c). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.
    3141(c)], substituted "head" for "manager" and "to carry out the
    responsibilities specified in subsection (b)(2)" for "to manage the
    tank waste privatization program at Hanford in an efficient and
    streamlined manner".
      Subsec. (d). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.
    3141(d)], amended heading and text of subsec. (d) generally. Prior
    to amendment, text read as follows: "Not later than 90 days after
    the date of the enactment of this Act, the Secretary shall submit
    to the Committee on Armed Services of the Senate and the Committees
    on Commerce and on National Security of the House of
    Representatives an integrated management plan for all aspects of
    the Hanford Tank Farm operations, including the roles,
    responsibilities, and reporting relationships of the Office."

-End-

-CITE-
    50 USC Sec. 2623                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part D - Hanford Reservation, Washington

-HEAD-
    Sec. 2623. River Protection Project

-STATUTE-
      The tank waste remediation system environmental project,
    Richland, Washington, including all programs relating to the
    retrieval and treatment of tank waste at the site at Hanford,
    Washington, under the management of the Office of River Protection,
    shall be known and designated as the "River Protection Project".
    Any reference to that project in any law, regulation, map,
    document, record, or other paper of the United States shall be
    considered to be a reference to the River Protection Project.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4443, formerly Pub. L.
    106-398, Sec. 1 [div. C, title XXXI, Sec. 3141(a)], Oct. 30, 2000,
    114 Stat. 1654, 1654A-462; renumbered Pub. L. 107-314, div. D,
    title XLIV, Sec. 4443, and amended Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(g)(18), Nov. 24, 2003, 117 Stat. 1768.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(18)(C), inserted section
    catchline and struck out former subsec. heading.

-End-

-CITE-
    50 USC Sec. 2624                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part D - Hanford Reservation, Washington

-HEAD-
    Sec. 2624. Funding for termination costs of River Protection
      Project, Richland, Washington

-STATUTE-
      The Secretary of Energy may not use appropriated funds to
    establish a reserve for the payment of any costs of termination of
    any contract relating to the River Protection Project, Richland,
    Washington (as designated by section 2623 of this title), that is
    terminated after October 30, 2000. Such costs may be paid from - 
        (1) appropriations originally available for the performance of
      the contract concerned;
        (2) appropriations currently available for privatization
      initiatives in carrying out environmental restoration and waste
      management activities necessary for national security programs,
      and not otherwise obligated; or
        (3) funds appropriated specifically for the payment of such
      costs.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4444, formerly Pub. L.
    106-398, Sec. 1 [div. C, title XXXI, Sec. 3131], Oct. 30, 2000, 114
    Stat. 1654, 1654A-454; renumbered Pub. L. 107-314, div. D, title
    XLIV, Sec. 4444, and amended Pub. L. 108-136, div. C, title XXXI,
    Sec. 3141(g)(19), Nov. 24, 2003, 117 Stat. 1768.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(19)(D), in introductory
    provisions, substituted "section 2623 of this title" for "section
    3141" and "October 30, 2000" for "the date of the enactment of this
    Act".

-End-

-CITE-
    50 USC Part E - Savannah River Site, South Carolina         01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part E - Savannah River Site, South Carolina

-HEAD-
               PART E - SAVANNAH RIVER SITE, SOUTH CAROLINA           

-End-

-CITE-
    50 USC Sec. 2631                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part E - Savannah River Site, South Carolina

-HEAD-
    Sec. 2631. Accelerated schedule for isolating high-level nuclear
      waste at the Defense Waste Processing Facility, Savannah River
      Site

-STATUTE-
      The Secretary of Energy shall accelerate the schedule for the
    isolation of high-level nuclear waste in glass canisters at the
    Defense Waste Processing Facility at the Savannah River Site, South
    Carolina, if the Secretary determines that the acceleration of such
    schedule - 
        (1) will achieve long-term cost savings to the Federal
      Government; and
        (2) could accelerate the removal and isolation of high-level
      nuclear waste from long-term storage tanks at the site.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4451, formerly Pub. L.
    104-201, div. C, title XXXI, Sec. 3141, Sept. 23, 1996, 110 Stat.
    2834; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4451, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(21), Nov. 24,
    2003, 117 Stat. 1769.)

-End-

-CITE-
    50 USC Sec. 2632                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part E - Savannah River Site, South Carolina

-HEAD-
    Sec. 2632. Multi-year plan for clean-up

-STATUTE-
      The Secretary of Energy shall develop and implement a multi-year
    plan for the clean-up of nuclear waste at the Savannah River Site
    that results, or has resulted, from the following:
        (1) Nuclear weapons activities carried out at the site.
        (2) The processing, treating, packaging, and disposal of
      Department of Energy domestic and foreign spent nuclear fuel rods
      at the site.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4452, formerly Pub. L.
    104-201, div. C, title XXXI, Sec. 3142(e), Sept. 23, 1996, 110
    Stat. 2836; renumbered Pub. L. 107-314, div. D, title XLIV, Sec.
    4452, by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(22),
    Nov. 24, 2003, 117 Stat. 1769.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(22)(C), inserted section
    catchline, struck out former subsec. heading, and inserted in text
    "of Energy" after "The Secretary".

-End-

-CITE-
    50 USC Sec. 2633                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part E - Savannah River Site, South Carolina

-HEAD-
    Sec. 2633. Continuation of processing, treatment, and disposal of
      legacy nuclear materials

-STATUTE-
      The Secretary of Energy shall continue operations and maintain a
    high state of readiness at the H-canyon facility at the Savannah
    River Site, Aiken, South Carolina, and shall provide technical
    staff necessary to operate and so maintain such facility.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4453, formerly Pub. L.
    106-398, Sec. 1 [div. C, title XXXI, Sec. 3137(a)], Oct. 30, 2000,
    114 Stat. 1654, 1654A-460; renumbered Pub. L. 107-314, div. D,
    title XLIV, Sec. 4453, and amended Pub. L. 108-136, div. C, title
    XXXI, Secs. 3115(a), 3141(g)(23)(A), Nov. 24, 2003, 117 Stat. 1745,
    1769.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(23)(A)(iii), inserted
    section catchline and struck out former subsec. heading.
      Pub. L. 108-136, Sec. 3115(a), substituted "H-canyon facility"
    for "F-canyon and H-canyon facilities" and "such facility" for
    "such facilities".

-End-

-CITE-
    50 USC Sec. 2634                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part E - Savannah River Site, South Carolina

-HEAD-
    Sec. 2634. Continuation of processing, treatment, and disposition
      of legacy nuclear materials

-STATUTE-
      The Secretary of Energy shall continue operations and maintain a
    high state of readiness at the F-canyon and H-canyon facilities at
    the Savannah River Site, Aiken, South Carolina, and shall provide
    the technical staff necessary to operate and so maintain such
    facilities.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4453A, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3132, Oct. 5, 1999, 113 Stat. 925;
    renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4453A, by Pub.
    L. 108-136, div. C, title XXXI, Sec. 3141(g)(23)(B), Nov. 24, 2003,
    117 Stat. 1769.)

-End-

-CITE-
    50 USC Sec. 2635                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part E - Savannah River Site, South Carolina

-HEAD-
    Sec. 2635. Continuation of processing, treatment, and disposition
      of legacy nuclear materials

-STATUTE-
      The Secretary of Energy shall continue operations and maintain a
    high state of readiness at the F-canyon and H-canyon facilities at
    the Savannah River Site, Aiken, South Carolina, and shall provide
    technical staff necessary to operate and so maintain such
    facilities.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4453B, formerly Pub. L.
    105-261, div. C, title XXXI, Sec. 3135, Oct. 17, 1998, 112 Stat.
    2248; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4453B,
    by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(23)(C), Nov.
    24, 2003, 117 Stat. 1770.)

-End-

-CITE-
    50 USC Sec. 2636                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part E - Savannah River Site, South Carolina

-HEAD-
    Sec. 2636. Continuation of processing, treatment, and disposal of
      legacy nuclear materials

-STATUTE-
      The Secretary of Energy shall continue operations and maintain a
    high state of readiness at the F-canyon and H-canyon facilities at
    the Savannah River Site and shall provide technical staff necessary
    to operate and maintain such facilities at that state of readiness.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4453C, formerly Pub. L.
    105-85, div. C, title XXXI, Sec. 3136(b), Nov. 18, 1997, 111 Stat.
    2038; renumbered Pub. L. 107-314, div. D, title XLIV, Sec. 4453C,
    by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(23)(D), Nov.
    24, 2003, 117 Stat. 1770.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(23)(D)(iii), inserted
    section catchline and struck out former subsec. heading.

-End-

-CITE-
    50 USC Sec. 2637                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part E - Savannah River Site, South Carolina

-HEAD-
    Sec. 2637. Continuation of processing, treatment, and disposal of
      legacy nuclear materials

-STATUTE-
      The Secretary of Energy shall continue operations and maintain a
    high state of readiness at the H-canyon facility and the F-canyon
    facility at the Savannah River Site, and shall provide technical
    staff necessary to operate and so maintain such facilities, pending
    the development and implementation of the plan referred to in
    section 2632 of this title.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4453D, formerly Pub. L.
    104-201, div. C, title XXXI, Sec. 3142(f), Sept. 23, 1996, 110
    Stat. 2836; renumbered Pub. L. 107-314, div. D, title XLIV, Sec.
    4453D, and amended Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(g)(23)(E), Nov. 24, 2003, 117 Stat. 1770.)

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(23)(E)(iii), inserted
    section catchline, struck out former subsec. heading, inserted "of
    Energy" after "The Secretary", and substituted "section 2632 of
    this title" for "subsection (e)".

-End-

-CITE-
    50 USC Sec. 2638                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER IV - ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                     MATTERS                   
    Part E - Savannah River Site, South Carolina

-HEAD-
    Sec. 2638. Limitation on use of funds for decommissioning F-canyon
      facility

-STATUTE-
      No amounts authorized to be appropriated or otherwise made
    available for the Department of Energy by the Floyd D. Spence
    National Defense Authorization Act for Fiscal Year 2001 (as enacted
    into law by Public Law 106-398) or any other Act may be obligated
    or expended for purposes of commencing the decommissioning of the F-
    canyon facility at the Savannah River Site until the Secretary of
    Energy submits to the Committee on Armed Services of the Senate and
    the Committee on Armed Services of the House of Representatives,
    and the Defense Nuclear Facilities Safety Board, a report setting
    forth - 
        (1) an assessment whether or not all materials present in the F-
      canyon facility as of the date of the report that required
      stabilization have been safely stabilized as of that date;
        (2) an assessment whether or not the requirements applicable to
      the F-canyon facility to meet the future needs of the United
      States for fissile materials disposition can be met through full
      use of the H-canyon facility at the Savannah River Site; and
        (3) if it appears that one or more of the requirements
      described in paragraph (2) cannot be met through full use of the
      H-canyon facility - 
          (A) an identification by the Secretary of each such
        requirement that cannot be met through full use of the H-canyon
        facility; and
          (B) for each requirement so identified, the reasons why such
        requirement cannot be met through full use of the H-canyon
        facility and a description of the alternative capability for
        fissile materials disposition that is needed to meet such
        requirement.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLIV, Sec. 4454, formerly Pub. L.
    106-398, Sec. 1 [div. C, title XXXI, Sec. 3137(b)], Oct. 30, 2000,
    114 Stat. 1654, 1654A-460; renumbered Pub. L. 107-314, div. D,
    title XLIV, Sec. 4454, and amended Pub. L. 108-136, div. C, title
    XXXI, Secs. 3115(b), 3141(g)(24), Nov. 24, 2003, 117 Stat. 1745,
    1770.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Floyd D. Spence National Defense Authorization Act for Fiscal
    Year 2001, referred to in text, is Pub. L. 106-398, Sec. 1 [H.R.
    5408], Oct. 30, 2000, 114 Stat. 1654, 1654A-1, as amended. For
    complete classification of this Act to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(g)(24)(C), inserted section
    catchline, struck out former subsec. heading, and, in introductory
    provisions, substituted "the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (as enacted into law by
    Public Law 106-398) or any other Act" for "this or any other Act"
    and "the Secretary of Energy" for "the Secretary".
      Pub. L. 108-136, Sec. 3115(b)(2), substituted "a report setting
    forth - " and pars. (1) to (3) for "the following:" and former
    pars. (1) to (3) which contained somewhat similar provisions.
      Pub. L. 108-136, Sec. 3115(b)(1), in introductory provisions,
    substituted "submits to the Committee on Armed Services of the
    Senate and the Committee on Armed Services of the House of
    Representatives, and the Defense Nuclear Facilities Safety Board,"
    for "and the Defense Nuclear Facilities Safety Board jointly submit
    to the Committee on Armed Services of the Senate and the Committee
    on Armed Services of the House of Representatives".

-End-

-CITE-
    50 USC SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS       01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS

-HEAD-
              SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS          

-End-

-CITE-
    50 USC Part A - Safeguards and Security                     01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part A - Safeguards and Security

-HEAD-
                     PART A - SAFEGUARDS AND SECURITY                 

-End-

-CITE-
    50 USC Sec. 2651                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part A - Safeguards and Security

-HEAD-
    Sec. 2651. Prohibition on international inspections of Department
      of Energy facilities unless protection of restricted data is
      certified

-STATUTE-
    (a) Prohibition on inspections
      The Secretary of Energy may not allow an inspection of a nuclear
    weapons facility by the International Atomic Energy Agency until
    the Secretary certifies to Congress that no restricted data will be
    revealed during such inspection.
    (b) Omitted
    (c) Restricted data defined
      In this section, the term "restricted data" has the meaning
    provided by section 2014(y) of title 42.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4501, formerly Pub. L.
    104-106, div. C, title XXXI, Sec. 3154, Feb. 10, 1996, 110 Stat.
    624; renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4501, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(2), Nov.
    24, 2003, 117 Stat. 1771.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 4501 of Pub. L. 107-314. Subsec.
    (b) of section 4501 of Pub. L. 107-314 amended provisions set out
    as a note under section 2153 of Title 42, The Public Health and
    Welfare.
      Subsec. (a) of section 3154 of Pub. L. 104-106 was formerly set
    out as a note under section 2164 of Title 42, prior to renumbering
    by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(h)(2)(D), redesignated par. (1)
    of subsec. (a) as entire subsec. (a) and par. (2) of subsec. (a) as
    subsec. (c) and, in subsec. (c), inserted heading and substituted
    "In this section" for "For purposes of paragraph (1)". Subsec. (c)
    was editorially transferred to follow subsec. (b), to reflect the
    probable intent of Congress.

-End-

-CITE-
    50 USC Sec. 2652                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part A - Safeguards and Security

-HEAD-
    Sec. 2652. Restrictions on access to national laboratories by
      foreign visitors from sensitive countries

-STATUTE-
    (a) Background review required
      The Secretary of Energy may not admit to any facility of a
    national laboratory other than areas accessible to the general
    public any individual who is a citizen or agent of a nation that is
    named on the current sensitive countries list unless the Secretary
    first completes a background review with respect to that
    individual.
    (b) Moratorium pending certification
      (1) During the period described in paragraph (2), the Secretary
    may not admit to any facility of a national laboratory other than
    areas accessible to the general public any individual who is a
    citizen or agent of a nation that is named on the current sensitive
    countries list.
      (2) The period referred to in paragraph (1) is the period
    beginning on November 4, 1999, and ending on the later of the
    following:
        (A) January 3, 2000.
        (B) The date that is 45 days after the date on which the
      Secretary submits to Congress the certifications described in
      paragraph (3).

      (3) The certifications referred to in paragraph (2) are one
    certification each by the Director of Counterintelligence of the
    Department of Energy, the Director of the Federal Bureau of
    Investigation, and the Director of Central Intelligence, of each of
    the following:
        (A) That the foreign visitors program at that facility complies
      with applicable orders, regulations, and policies of the
      Department of Energy relating to the safeguarding and security of
      sensitive information and fulfills any counterintelligence
      requirements arising under such orders, regulations, and
      policies.
        (B) That the foreign visitors program at that facility complies
      with Presidential Decision Directives and similar requirements
      relating to the safeguarding and security of sensitive
      information and fulfills any counterintelligence requirements
      arising under such Directives or requirements.
        (C) That the foreign visitors program at that facility includes
      adequate protections against the inadvertent release of
      Restricted Data, information important to the national security
      of the United States, and any other sensitive information the
      disclosure of which might harm the interests of the United
      States.
        (D) That the foreign visitors program at that facility does not
      pose an undue risk to the national security interests of the
      United States.
    (c) Waiver of moratorium
      (1) The Secretary of Energy may waive the prohibition in
    subsection (b) on a case-by-case basis with respect to any specific
    individual or any specific delegation of individuals whose
    admission to a national laboratory is determined by the Secretary
    to be in the interest of the national security of the United
    States.
      (2) Not later than the seventh day of the month following a month
    in which a waiver is made, the Secretary shall submit a report in
    writing providing notice of each waiver made in that month to the
    following:
        (A) The Committee on Armed Services and the Select Committee on
      Intelligence of the Senate.
        (B) The Committee on Armed Services and the Permanent Select
      Committee on Intelligence of the House of Representatives.

      (3) Each such report shall be in classified form and shall
    contain the identity of each individual or delegation for whom such
    a waiver was made and, with respect to each such individual or
    delegation, the following information:
        (A) A detailed justification for the waiver.
        (B) For each individual with respect to whom a background
      review was conducted, whether the background review determined
      that negative information exists with respect to that individual.
        (C) The Secretary's certification that the admission of that
      individual or delegation to a national laboratory is in the
      interest of the national security of the United States.

      (4) The authority of the Secretary under paragraph (1) may be
    delegated only to the Director of Counterintelligence of the
    Department of Energy.
    (d) Exception to moratorium for certain individuals
      The moratorium under subsection (b) shall not apply to any person
    who - 
        (1) is, on October 5, 1999, an employee or assignee of the
      Department of Energy, or of a contractor of the Department; and
        (2) has undergone a background review in accordance with
      subsection (a).
    (e) Exception to moratorium for certain programs
      The moratorium under subsection (b) shall not apply - 
        (1) to activities relating to cooperative threat reduction with
      states of the former Soviet Union; or
        (2) to the materials protection control and accounting program
      of the Department.
    (f) Sense of Congress regarding background reviews
      It is the sense of Congress that the Secretary of Energy, the
    Director of the Federal Bureau of Investigation, and the Director
    of Central Intelligence should ensure that background reviews
    carried out under this section are completed in not more than 15
    days.
    (g) Definitions
      For purposes of this section:
        (1) The term "background review", commonly known as an indices
      check, means a review of information provided by the Director of
      Central Intelligence and the Director of the Federal Bureau of
      Investigation regarding personal background, including
      information relating to any history of criminal activity or to
      any evidence of espionage.
        (2) The term "sensitive countries list" means the list
      prescribed by the Secretary of Energy known as the Department of
      Energy List of Sensitive Countries as in effect on January 1,
      1999.
        (3) The term "national laboratory" means any of the following:
          (A) Lawrence Livermore National Laboratory, Livermore,
        California.
          (B) Los Alamos National Laboratory, Los Alamos, New Mexico.
          (C) Sandia National Laboratories, Albuquerque, New Mexico and
        Livermore, California.

        (4) The term "Restricted Data" has the meaning given that term
      in section 2014(y) of title 42.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4502, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3146, Oct. 5, 1999, 113 Stat. 935;
    renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4502, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(3), Nov.
    24, 2003, 117 Stat. 1771.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7383c of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(2). Pub. L. 108-136, Sec. 3141(h)(3)(D)(i)(I),
    substituted "on November 4, 1999," for "30 days after October 5,
    1999," in introductory provisions.
      Subsec. (b)(2)(A). Pub. L. 108-136, Sec. 3141(h)(3)(D)(i)(II),
    substituted "January 3, 2000" for "The date that is 90 days after
    October 5, 1999".
      Subsec. (d)(1). Pub. L. 108-136, Sec. 3141(h)(3)(D)(ii),
    substituted "October 5, 1999," for "the date of the enactment of
    this Act," in the original, which for purposes of codification had
    been changed to "October 5, 1999," thus requiring no change in
    text.
      Subsec. (g)(3), (4). Pub. L. 108-136, Sec. 3141(h)(3)(D)(iii),
    added pars. (3) and (4).

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-End-

-CITE-
    50 USC Sec. 2653                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part A - Safeguards and Security

-HEAD-
    Sec. 2653. Background investigations of certain personnel at
      Department of Energy facilities

-STATUTE-
    (a) In general
      The Secretary of Energy shall ensure that an investigation
    meeting the requirements of section 2165 of title 42 is made for
    each Department of Energy employee, or contractor employee, at a
    national laboratory or nuclear weapons production facility who - 
        (1) carries out duties or responsibilities in or around a
      location where Restricted Data is present; or
        (2) has or may have regular access to a location where
      Restricted Data is present.
    (b) Compliance
      The Secretary shall have 15 months from October 5, 1999, to meet
    the requirement in subsection (a).
    (c) Definitions
      In this section, the terms "national laboratory" and "Restricted
    Data" have the meanings given such terms in section 2652(g) of this
    title.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4503, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3143, Oct. 5, 1999, 113 Stat. 934;
    renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4503, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(4), Nov.
    24, 2003, 117 Stat. 1772.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7383a of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-136, Sec. 3141(h)(4)(D)(i),
    substituted "October 5, 1999," for "the date of the enactment of
    this Act" in the original, which for purposes of codification had
    been changed to "October 5, 1999," thus requiring no change in
    text.
      Subsec. (c). Pub. L. 108-136, Sec. 3141(h)(4)(D)(ii), added
    subsec. (c).

-End-

-CITE-
    50 USC Sec. 2654                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part A - Safeguards and Security

-HEAD-
    Sec. 2654. Department of Energy counterintelligence polygraph
      program

-STATUTE-
    (a) New counterintelligence polygraph program required
      The Secretary of Energy shall carry out, under regulations
    prescribed under this section, a new counterintelligence polygraph
    program for the Department of Energy. The purpose of the new
    program is to minimize the potential for release or disclosure of
    classified data, materials, or information.
    (b) Authorities and limitations
      (1) The Secretary shall prescribe regulations for the new
    counterintelligence polygraph program required by subsection (a) in
    accordance with the provisions of subchapter II of chapter 5 of
    title 5 (commonly referred to as the Administrative Procedures
    Act).
      (2) In prescribing regulations for the new program, the Secretary
    shall take into account the results of the Polygraph Review.
      (3) Not later than six months after obtaining the results of the
    Polygraph Review, the Secretary shall issue a notice of proposed
    rulemaking for the new program.
    (c) Omitted
    (d) Report on further enhancement of personnel security program
      (1) Not later than January 1, 2003, the Administrator for Nuclear
    Security shall submit to Congress a report setting forth the
    recommendations of the Administrator for any legislative action
    that the Administrator considers appropriate in order to enhance
    the personnel security program of the Department of Energy.
      (2) Any recommendations under paragraph (1) regarding the use of
    polygraphs shall take into account the results of the Polygraph
    Review.
    (e) Polygraph Review defined
      In this section, the term "Polygraph Review" means the review of
    the Committee to Review the Scientific Evidence on the Polygraph of
    the National Academy of Sciences.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4504, formerly Pub. L.
    107-107, div. C, title XXXI, Sec. 3152, Dec. 28, 2001, 115 Stat.
    1376; renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4504, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(5)(A),
    Nov. 24, 2003, 117 Stat. 1772.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 4504 of Pub. L. 107-314. Subsec.
    (c) of section 4504 of Pub. L. 107-314 repeals section 2655 of this
    title.
      Section was formerly classified to section 7383h-1 of Title 42,
    The Public Health and Welfare, prior to renumbering by Pub. L. 108-
    136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-136, Sec. 3141(h)(5)(A)(iv), made
    technical amendment. See Codification note above.

-End-

-CITE-
    50 USC Sec. 2655                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part A - Safeguards and Security

-HEAD-
    Sec. 2655. Counterintelligence polygraph program

-STATUTE-
    (a) Program required
      The Secretary of Energy, acting through the Director of
    Counterintelligence, shall carry out a counterintelligence
    polygraph program for the defense-related activities of the
    Department. The counterintelligence polygraph program shall consist
    of the administration of counterintelligence polygraph examinations
    to each covered person who has access to high-risk programs.
    (b) Covered persons
      (1) Subject to paragraph (2), for purposes of this section, a
    covered person is one of the following:
        (A) An officer or employee of the Department.
        (B) An expert or consultant under contract to the Department.
        (C) An officer or employee of a contractor of the Department.
        (D) An individual assigned or detailed to the Department.
        (E) An applicant for a position in the Department.

      (2) A person described in paragraph (1) is a covered person for
    purposes of this section only if the position of the person, or for
    which the person is applying, under that paragraph is a position in
    one of the categories of positions listed in section 709.4(a) of
    title 10, Code of Federal Regulations.
    (c) High-risk programs
      For purposes of this section, high-risk programs are the
    following:
        (1) Programs using information known as Sensitive Compartmented
      Information.
        (2) The programs known as Special Access Programs and Personnel
      Security and Assurance Programs.
        (3) Any other program or position category specified in section
      709.4(a) of title 10, Code of Federal Regulations.
    (d) Initial testing and consent
      (1) The Secretary may not permit a covered person to have initial
    access to any high-risk program unless that person first undergoes
    a counterintelligence polygraph examination and consents in a
    signed writing to the counterintelligence polygraph examinations
    required by this section.
      (2) Subject to paragraph (3), the Secretary may, after
    consultation with appropriate security personnel, waive the
    applicability of paragraph (1) to a covered person - 
        (A) if - 
          (i) the Secretary determines that the waiver is important to
        the national security interests of the United States;
          (ii) the covered person has an active security clearance; and
          (iii) the covered person acknowledges in a signed writing
        that the capacity of the covered person to perform duties under
        a high-risk program after the expiration of the waiver is
        conditional upon meeting the requirements of paragraph (1)
        within the effective period of the waiver;

        (B) if another Federal agency certifies to the Secretary that
      the covered person has completed successfully a full-scope or
      counterintelligence-scope polygraph examination during the 5-year
      period ending on the date of the certification; or
        (C) if the Secretary determines, after consultation with the
      covered person and appropriate medical personnel, that the
      treatment of a medical or psychological condition of the covered
      person should preclude the administration of the examination.

      (3)(A) The Secretary may not commence the exercise of the
    authority under paragraph (2) to waive the applicability of
    paragraph (1) to any covered persons until 15 days after the date
    on which the Secretary submits to the appropriate committees of
    Congress a report setting forth the criteria to be used by the
    Secretary for determining when a waiver under paragraph (2)(A) is
    important to the national security interests of the United States.
    The criteria shall not include the need to maintain the scientific
    vitality of the laboratory. The criteria shall include an
    assessment of counterintelligence risks and programmatic impacts.
      (B) Any waiver under paragraph (2)(A) shall be effective for not
    more than 120 days, and a person who is subject to a waiver under
    paragraph (2)(A) may not ever be subject to another waiver under
    paragraph (2)(A).
      (C) Any waiver under paragraph (2)(C) shall be effective for the
    duration of the treatment on which such waiver is based.
      (4) The Secretary shall submit to the appropriate committees of
    Congress on a semi-annual basis a report on any determinations made
    under paragraph (2)(A) during the 6-month period ending on the date
    of such report. The report shall include a national security
    justification for each waiver resulting from such determinations.
      (5) In this subsection, the term "appropriate committees of
    Congress" means the following:
        (A) The Committee on Armed Services and the Select Committee on
      Intelligence of the Senate.
        (B) The Committee on Armed Services and the Permanent Select
      Committee on Intelligence of the House of Representatives.

      (6) It is the sense of Congress that the waiver authority in
    paragraph (2) not be used by the Secretary to exempt from the
    applicability of paragraph (1) any covered persons in the highest
    risk categories, such as persons who have access to the most
    sensitive weapons design information and other highly sensitive
    programs, including special access programs.
      (7) The authority under paragraph (2) to waive the applicability
    of paragraph (1) to a covered person shall expire on September 30,
    2002.
    (e) Additional testing
      The Secretary may not permit a covered person to have continued
    access to any high-risk program unless that person undergoes a
    counterintelligence polygraph examination within five years after
    that person has initial access, and thereafter - 
        (1) not less frequently than every five years; and
        (2) at any time at the direction of the Director of
      Counterintelligence.
    (f) Counterintelligence polygraph examination
      For purposes of this section, the term "counterintelligence
    polygraph examination" means a polygraph examination using
    questions reasonably calculated to obtain counterintelligence
    information, including questions relating to espionage, sabotage,
    terrorism, unauthorized disclosure of classified information,
    deliberate damage to or malicious misuse of a United States
    Government information or defense system, and unauthorized contact
    with foreign nationals.
    (g) Regulations
      The Secretary shall prescribe any regulations necessary to carry
    out this section. Those regulations shall include procedures, to be
    developed in consultation with the Federal Bureau of Investigation,
    for - 
        (1) identifying and addressing "false positive" results of
      polygraph examinations; and
        (2) ensuring that adverse personnel actions not be taken
      against an individual solely by reason of that individual's
      physiological reaction to a question in a polygraph examination,
      unless reasonable efforts are first made to independently
      determine through alternative means the veracity of that
      individual's response to that question.
    (h) Plan for extension of program
      Not later than April 5, 2000, the Secretary shall submit to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives a plan on extending
    the program required by this section. The plan shall provide for
    the administration of counterintelligence polygraph examinations in
    accordance with the program to each covered person who has access
    to - 
        (1) the programs known as Personnel Assurance Programs; and
        (2) the information identified as Sensitive Compartmented
      Information.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4504A, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3154, Oct. 5, 1999, 113 Stat. 941;
    Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3135], Oct. 30,
    2000, 114 Stat. 1654, 1654A-456; renumbered Pub. L. 107-314, div.
    D, title XLV, Sec. 4504A, and amended Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(h)(5)(B), Nov. 24, 2003, 117 Stat. 1773.)

-STATAMEND-
                             REPEAL OF SECTION                         
      Pub. L. 107-314, div. D, title XLV, Sec. 4504(c), formerly Pub.
    L. 107-107, div. C, title XXXI, Sec. 3152(c), Dec. 28, 2001, 115
    Stat. 1377; renumbered Pub. L. 107-314, div. D, title XLV, Sec.
    4504(c), and amended Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(h)(5)(A), Nov. 24, 2003, 117 Stat. 1772, provided that,
    effective 30 days after the Secretary of Energy submits to the
    Committees on Armed Services and Appropriations of Senate and House
    of Representatives the Secretary's certification that the final
    rule for the new counterintelligence polygraph program required by
    section 2654(a) of this title has been fully implemented, this
    section is repealed.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7383h of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (h). Pub. L. 108-136, Sec. 3141(h)(5)(B)(iv),
    substituted "April 5, 2000," for "180 days after October 5, 1999,".
      2000 - Subsec. (b). Pub. L. 106-398, Sec. 1 [div. C, title XXXI,
    Sec. 3135(a)], amended heading and text of subsec. (b) generally.
    Prior to amendment, text read as follows: "For purposes of this
    section, a covered person is one of the following:
        "(1) An officer or employee of the Department.
        "(2) An expert or consultant under contract to the Department.
        "(3) An officer or employee of a contractor of the Department."
      Subsec. (c). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.
    3135(b)], amended heading and text of subsec. (c) generally. Prior
    to amendment, text read as follows: "For purposes of this section,
    high-risk programs are the programs known as - 
        "(1) Special Access Programs; and
        "(2) Personnel Security and Assurance Programs."
      Subsec. (d). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.
    3135(c)], designated existing provisions as par. (1) and added
    pars. (2) to (7).
      Subsec. (f). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.
    3135(d)], inserted "terrorism," after "sabotage," and "deliberate
    damage to or malicious misuse of a United States Government
    information or defense system," before "and unauthorized".

                         EFFECTIVE DATE OF REPEAL                     
      Pub. L. 107-314, div. D, title XLV, Sec. 4504(c), formerly Pub.
    L. 107-107, div. C, title XXXI, Sec. 3152(c), Dec. 28, 2001, 115
    Stat. 1377, renumbered Pub. L. 107-314, div. D, title XLV, Sec.
    4504(c), and amended Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(h)(5)(A), Nov. 24, 2003, 117 Stat. 1772, provided that this
    section is repealed effective 30 days after the Secretary of Energy
    submits to the Committees on Armed Services and Appropriations of
    Senate and House of Representatives the Secretary's certification
    that the final rule for the new counterintelligence polygraph
    program required by section 2654(a) of this title has been fully
    implemented.

-End-

-CITE-
    50 USC Sec. 2656                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part A - Safeguards and Security

-HEAD-
    Sec. 2656. Notice to congressional committees of certain security
      and counterintelligence failures within nuclear energy defense
      programs

-STATUTE-
    (a) Required notification
      The Secretary of Energy shall submit to the Committees on Armed
    Services of the Senate and House of Representatives a notification
    of each significant nuclear defense intelligence loss. Any such
    notification shall be provided only after consultation with the
    Director of Central Intelligence and the Director of the Federal
    Bureau of Investigation, as appropriate.
    (b) Significant nuclear defense intelligence losses
      In this section, the term "significant nuclear defense
    intelligence loss" means any national security or
    counterintelligence failure or compromise of classified information
    at a facility of the Department of Energy or operated by a
    contractor of the Department that the Secretary considers likely to
    cause significant harm or damage to the national security interests
    of the United States.
    (c) Manner of notification
      Notification of a significant nuclear defense intelligence loss
    under subsection (a) shall be provided, in accordance with the
    procedures established pursuant to subsection (d), not later than
    30 days after the date on which the Department of Energy determines
    that the loss has taken place.
    (d) Procedures
      The Secretary of Energy and the Committees on Armed Services of
    the Senate and House of Representatives shall each establish such
    procedures as may be necessary to protect from unauthorized
    disclosure classified information, information relating to
    intelligence sources and methods, and sensitive law enforcement
    information that is submitted to those committees pursuant to this
    section and that are otherwise necessary to carry out the
    provisions of this section.
    (e) Statutory construction
      (1) Nothing in this section shall be construed as authority to
    withhold any information from the Committees on Armed Services of
    the Senate and House of Representatives on the grounds that
    providing the information to those committees would constitute the
    unauthorized disclosure of classified information, information
    relating to intelligence sources and methods, or sensitive law
    enforcement information.
      (2) Nothing in this section shall be construed to modify or
    supersede any other requirement to report information on
    intelligence activities to the Congress, including the requirement
    under section 413 of this title for the President to ensure that
    the congressional intelligence committees are kept fully informed
    of the intelligence activities of the United States and for those
    committees to notify promptly other congressional committees of any
    matter relating to intelligence activities requiring the attention
    of those committees.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4505, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3150, Oct. 5, 1999, 113 Stat. 939;
    renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4505, by Pub.
    L. 108-136, div. C, title XXXI, Sec. 3141(h)(6), Nov. 24, 2003, 117
    Stat. 1773.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7383d of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-End-

-CITE-
    50 USC Sec. 2657                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part A - Safeguards and Security

-HEAD-
    Sec. 2657. Submittal of annual report on status of security
      functions at nuclear weapons facilities

-STATUTE-
      Not later than September 1 each year, the Secretary of Energy
    shall submit to the congressional defense committees the report
    entitled "Annual Report to the President on the Status of
    Safeguards and Security of Domestic Nuclear Weapons Facilities", or
    any successor report to such report.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4506, formerly Pub. L.
    105-85, div. C, title XXXI, Sec. 3162, Nov. 18, 1997, 111 Stat.
    2049; Pub. L. 106-65, div. C, title XXXI, Sec. 3142(h)(2), Oct. 5,
    1999, 113 Stat. 934; renumbered Pub. L. 107-314, div. D, title XLV,
    Sec. 4506, and amended Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(h)(7), Nov. 24, 2003, 117 Stat. 1773.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7274m of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-136, Sec. 3141(h)(7)(D), which
    directed the amendment of subsec. (b) by inserting "of the National
    Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85;
    111 Stat. 2048; 42 U.S.C. 7251 note)" after "section 3161", could
    not be executed because of the repeal of subsec. (b) by Pub. L. 106-
    65. See 1999 Amendment note below.
      1999 - Pub. L. 106-65 struck out subsec. (a) designation and
    heading and struck out heading and text of subsec. (b). Text read
    as follows: "The Secretary shall include with each report submitted
    under subsection (a) in fiscal years 1998 through 2000 any comments
    on such report by the members of the Department of Energy Security
    Management Board established under section 3161 that such members
    consider appropriate."

-End-

-CITE-
    50 USC Sec. 2658                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part A - Safeguards and Security

-HEAD-
    Sec. 2658. Report on counterintelligence and security practices at
      national laboratories

-STATUTE-
    (a) In general
      Not later than March 1 of each year, the Secretary of Energy
    shall submit to the Congress a report for the preceding year on
    counterintelligence and security practices at the facilities of the
    national laboratories (whether or not classified activities are
    carried out at the facility).
    (b) Content of report
      The report shall include, with respect to each national
    laboratory, the following:
        (1) The number of employees, including full-time
      counterintelligence and security professionals and contractor
      employees.
        (2) A description of the counterintelligence and security
      training courses conducted and, for each such course, any
      requirement that employees successfully complete that course.
        (3) A description of each contract awarded that provides an
      incentive for the effective performance of counterintelligence or
      security activities.
        (4) A description of the requirement that an employee report
      the travel to sensitive countries of that employee (whether or
      not the travel was for official business).
        (5) The number of trips by individuals who traveled to
      sensitive countries, with identification of the sensitive
      countries visited.
    (c) National laboratory defined
      In this section, the term "national laboratory" has the meaning
    given that term in section 2652(g)(3) of this title.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4507, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3152, Oct. 5, 1999, 113 Stat. 940;
    renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4507, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(8), Nov.
    24, 2003, 117 Stat. 1773.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7383f of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-136, Sec. 3141(h)(8)(D), added
    subsec. (c).

-End-

-CITE-
    50 USC Sec. 2659                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part A - Safeguards and Security

-HEAD-
    Sec. 2659. Report on security vulnerabilities of national
      laboratory computers

-STATUTE-
    (a) Report required
      Not later than March 1 of each year, the National
    Counterintelligence Policy Board shall prepare a report on the
    security vulnerabilities of the computers of the national
    laboratories.
    (b) Preparation of report
      In preparing the report, the National Counterintelligence Policy
    Board shall establish a so-called "red team" of individuals to
    perform an operational evaluation of the security vulnerabilities
    of the computers of one or more national laboratories, including by
    direct experimentation. Such individuals shall be selected by the
    National Counterintelligence Policy Board from among employees of
    the Department of Defense, the National Security Agency, the
    Central Intelligence Agency, the Federal Bureau of Investigation,
    and of other agencies, and may be detailed to the National
    Counterintelligence Policy Board from such agencies without
    reimbursement and without interruption or loss of civil service
    status or privilege.
    (c) Submission of report to Secretary of Energy and to FBI Director
      Not later than March 1 of each year, the report shall be
    submitted in classified and unclassified form to the Secretary of
    Energy and the Director of the Federal Bureau of Investigation.
    (d) Forwarding to congressional committees
      Not later than 30 days after the report is submitted, the
    Secretary and the Director shall each separately forward that
    report, with the recommendations in classified and unclassified
    form of the Secretary or the Director, as applicable, in response
    to the findings of that report, to the following:
        (1) The Committee on Armed Services and the Select Committee on
      Intelligence of the Senate.
        (2) The Committee on Armed Services and the Permanent Select
      Committee on Intelligence of the House of Representatives.
    (e) First report
      The first report under this section shall be the report for the
    year 2000. That report shall cover each of the national
    laboratories.
    (f) National laboratory defined
      In this section, the term "national laboratory" has the meaning
    given that term in section 2652(g)(3) of this title.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4508, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3153, Oct. 5, 1999, 113 Stat. 940;
    renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4508, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(9), Nov.
    24, 2003, 117 Stat. 1774.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7383g of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (f). Pub. L. 108-136, Sec. 3141(h)(9)(D), added
    subsec. (f).

-End-

-CITE-
    50 USC Part B - Classified Information                      01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part B - Classified Information

-HEAD-
                      PART B - CLASSIFIED INFORMATION                  

-End-

-CITE-
    50 USC Sec. 2671                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part B - Classified Information

-HEAD-
    Sec. 2671. Review of certain documents before declassification and
      release

-STATUTE-
    (a) In general
      The Secretary of Energy shall ensure that, before a document of
    the Department of Energy that contains national security
    information is released or declassified, such document is reviewed
    to determine whether it contains restricted data.
    (b) Limitation on declassification
      The Secretary may not implement the automatic declassification
    provisions of Executive Order 12958 if the Secretary determines
    that such implementation could result in the automatic
    declassification and release of documents containing restricted
    data.
    (c) Restricted data defined
      In this section, the term "restricted data" has the meaning
    provided by section 2014(y) of title 42.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4521, formerly Pub. L.
    104-106, div. C, title XXXI, Sec. 3155, Feb. 10, 1996, 110 Stat.
    625; renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4521, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(11), Nov. 24,
    2003, 117 Stat. 1774.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order 12958, referred to in subsec. (b), is set out as
    a note under section 435 of this title.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2162 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-End-

-CITE-
    50 USC Sec. 2672                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part B - Classified Information

-HEAD-
    Sec. 2672. Protection against inadvertent release of Restricted
      Data and Formerly Restricted Data

-STATUTE-
    (a) Plan for protection against release
      The Secretary of Energy and the Archivist of the United States
    shall, after consultation with the members of the National Security
    Council and in consultation with the Secretary of Defense and the
    heads of other appropriate Federal agencies, develop a plan to
    prevent the inadvertent release of records containing Restricted
    Data or Formerly Restricted Data during the automatic
    declassification of records under Executive Order No. 12958 (50
    U.S.C. 435 note).
    (b) Plan elements
      The plan under subsection (a) shall include the following:
        (1) The actions to be taken in order to ensure that records
      subject to Executive Order No. 12958 are reviewed on a page-by-
      page basis for Restricted Data and Formerly Restricted Data
      unless they have been determined to be highly unlikely to contain
      Restricted Data or Formerly Restricted Data.
        (2) The criteria and process by which documents are determined
      to be highly unlikely to contain Restricted Data or Formerly
      Restricted Data.
        (3) The actions to be taken in order to ensure proper training,
      supervision, and evaluation of personnel engaged in
      declassification under that Executive order so that such
      personnel recognize Restricted Data and Formerly Restricted Data.
        (4) The extent to which automated declassification technologies
      will be used under that Executive order to protect Restricted
      Data and Formerly Restricted Data from inadvertent release.
        (5) Procedures for periodic review and evaluation by the
      Secretary of Energy, in consultation with the Director of the
      Information Security Oversight Office of the National Archives
      and Records Administration, of compliance by Federal agencies
      with the plan.
        (6) Procedures for resolving disagreements among Federal
      agencies regarding declassification procedures and decisions
      under the plan.
        (7) The funding, personnel, and other resources required to
      carry out the plan.
        (8) A timetable for implementation of the plan.
    (c) Limitation on declassification of certain records
      (1) Effective on October 17, 1998, and except as provided in
    paragraph (3), a record referred to in subsection (a) may not be
    declassified unless the agency having custody of the record reviews
    the record on a page-by-page basis to ensure that the record does
    not contain Restricted Data or Formerly Restricted Data.
      (2) Any record determined as a result of a review under paragraph
    (1) to contain Restricted Data or Formerly Restricted Data may not
    be declassified until the Secretary of Energy, in conjunction with
    the head of the agency having custody of the record, determines
    that the document is suitable for declassification.
      (3) After the date occurring 60 days after the submission of the
    plan required by subsection (a) to the committees referred to in
    paragraphs (1) and (2) of subsection (d), the requirement under
    paragraph (1) to review a record on a page-by-page basis shall not
    apply in the case of a record determined, under the actions
    specified in the plan pursuant to subsection (b)(1), to be a record
    that is highly unlikely to contain Restricted Data or Formerly
    Restricted Data.
    (d) Submission of plan
      The Secretary of Energy shall submit the plan required under
    subsection (a) to the following:
        (1) The Committee on Armed Services of the Senate.
        (2) The Committee on Armed Services of the House of
      Representatives.
        (3) The Assistant to the President for National Security
      Affairs.
    (e) Submission of reviews
      The Secretary of Energy shall, on a periodic basis, submit a
    summary of the results of the periodic reviews and evaluations
    specified in the plan pursuant to subsection (b)(4) to the
    committees and Assistant to the President specified in subsection
    (d).
    (f) Report and notification regarding inadvertent releases
      (1) The Secretary of Energy shall submit to the committees and
    Assistant to the President specified in subsection (d) a report on
    inadvertent releases of Restricted Data or Formerly Restricted Data
    under Executive Order No. 12958 that occurred before October 17,
    1998.
      (2) Commencing with inadvertent releases discovered on or after
    October 30, 2000, the Secretary of Energy shall, on a quarterly
    basis, submit a report to the committees and Assistant to the
    President specified in subsection (d). The report shall state
    whether any inadvertent releases described in paragraph (1)
    occurred during the immediately preceding quarter and, if so, shall
    identify each such release.
    (g) Definition
      In this section, the term "Restricted Data" has the meaning given
    that term in section 2014(y) of title 42.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4522, formerly Pub. L.
    105-261, div. C, title XXXI, Sec. 3161, Oct. 17, 1998, 112 Stat.
    2259; Pub. L. 106-65, div. A, title X, Sec. 1067(3), Oct. 5, 1999,
    113 Stat. 774; Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.
    3193(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-480; renumbered Pub.
    L. 107-314, div. D, title XLV, Sec. 4522, and amended Pub. L. 108-
    136, div. C, title XXXI, Sec. 3141(h)(12), Nov. 24, 2003, 117
    Stat. 1774.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 435 of this
    title prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c)(1). Pub. L. 108-136, Sec. 3141(h)(12)(D)(i),
    substituted "October 17, 1998," for "the date of the enactment of
    this Act".
      Subsec. (f)(1). Pub. L. 108-136, Sec. 3141(h)(12)(D)(ii),
    substituted "October 17, 1998" for "the date of the enactment of
    this Act".
      Subsec. (f)(2). Pub. L. 108-136, Sec. 3141(h)(12)(D)(iii),
    substituted "Commencing with inadvertent releases discovered on or
    after October 30, 2000, the Secretary" for "The Secretary".
      2000 - Subsec. (f)(2). Pub. L. 106-398 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "Not later
    than 30 days after any such inadvertent release occurring after the
    date of the enactment of this Act, the Secretary of Energy shall
    notify the committees and Assistant to the President specified in
    subsection (d) of such releases."
      1999 - Subsec. (d)(2). Pub. L. 106-65 substituted "Committee on
    Armed Services" for "Committee on National Security".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3193(b)], Oct.
    30, 2000, 114 Stat. 1654, 1654A-481, provided that: "The amendment
    made by subsection (a) [amending this section] apply [sic] with
    respect to inadvertent releases of Restricted Data and Formerly
    Restricted Data that are discovered on or after the date of the
    enactment of this Act [Oct. 30, 2000]."

-End-

-CITE-
    50 USC Sec. 2673                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part B - Classified Information

-HEAD-
    Sec. 2673. Supplement to plan for declassification of Restricted
      Data and Formerly Restricted Data

-STATUTE-
    (a) Supplement to plan
      The Secretary of Energy and the Archivist of the United States
    shall, after consultation with the members of the National Security
    Council and in consultation with the Secretary of Defense and the
    heads of other appropriate Federal agencies, develop a supplement
    to the plan required under subsection (a) of section 2672 of this
    title.
    (b) Contents of supplement
      The supplement shall provide for the application of that plan
    (including in particular the element of the plan required by
    subsection (b)(1) of section 2672 of this title) to all records
    subject to Executive Order No. 12958 that were determined before
    October 17, 1998, to be suitable for declassification.
    (c) Limitation on declassification of records
      All records referred to in subsection (b) shall be treated, for
    purposes of subsection (c) of section 2672 of this title, in the
    same manner as records referred to in subsection (a) of such
    section.
    (d) Submission of supplement
      The Secretary of Energy shall submit the supplement required
    under subsection (a) to the recipients of the plan referred to in
    subsection (d) of section 2672 of this title.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4523, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3149, Oct. 5, 1999, 113 Stat. 938;
    renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4523, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(13), Nov.
    24, 2003, 117 Stat. 1775.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order No. 12958, referred to in subsec. (b), is set out
    as a note under section 435 of this title.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 435 of this
    title prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-136, Sec. 3141(h)(13)(D)(i),
    substituted "subsection (a) of section 2672 of this title" for
    "subsection (a) of section 3161 of the Strom Thurmond National
    Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261;
    112 Stat. 2260; 50 U.S.C. 435 note)".
      Subsec. (b). Pub. L. 108-136, Sec. 3141(h)(13)(D)(ii),
    substituted "subsection (b)(1) of section 2672 of this title" for
    "section 3161(b)(1) of that Act" and "October 17, 1998," for "the
    date of the enactment of that Act".
      Subsec. (c). Pub. L. 108-136, Sec. 3141(h)(13)(D)(iii),
    substituted "subsection (c) of section 2672 of this title" for
    "section 3161(c) of that Act" and "subsection (a) of such section"
    for "section 3161(a) of that Act".
      Subsec. (d). Pub. L. 108-136, Sec. 3141(h)(13)(D)(iv),
    substituted "subsection (d) of section 2672 of this title" for
    "section 3161(d) of that Act".

-End-

-CITE-
    50 USC Sec. 2674                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part B - Classified Information

-HEAD-
    Sec. 2674. Protection of classified information during laboratory-
      to-laboratory exchanges

-STATUTE-
    (a) Provision of training
      The Secretary of Energy shall ensure that all Department of
    Energy employees and Department of Energy contractor employees
    participating in laboratory-to-laboratory cooperative exchange
    activities are fully trained in matters relating to the protection
    of classified information and to potential espionage and
    counterintelligence threats.
    (b) Countering of espionage and intelligence-gathering abroad
      (1) The Secretary shall establish a pool of Department employees
    and Department contractor employees who are specially trained to
    counter threats of espionage and intelligence-gathering by foreign
    nationals against Department employees and Department contractor
    employees who travel abroad for laboratory-to-laboratory exchange
    activities or other cooperative exchange activities on behalf of
    the Department.
      (2) The Director of Counterintelligence of the Department of
    Energy may assign at least one employee from the pool established
    under paragraph (1) to accompany a group of Department employees or
    Department contractor employees who travel to any nation designated
    to be a sensitive country for laboratory-to-laboratory exchange
    activities or other cooperative exchange activities on behalf of
    the Department.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4524, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3145, Oct. 5, 1999, 113 Stat. 935;
    renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4524, by Pub.
    L. 108-136, div. C, title XXXI, Sec. 3141(h)(14), Nov. 24, 2003,
    117 Stat. 1775.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7383b of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-End-

-CITE-
    50 USC Sec. 2675                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part B - Classified Information

-HEAD-
    Sec. 2675. Identification in budget materials of amounts for
      declassification activities and limitation on expenditures for
      such activities

-STATUTE-
    (a) Amounts for declassification of records
      The Secretary of Energy shall include in the budget justification
    materials submitted to Congress in support of the Department of
    Energy budget for any fiscal year (as submitted with the budget of
    the President under section 1105(a) of title 31) specific
    identification, as a budgetary line item, of the amounts required
    to carry out programmed activities during that fiscal year to
    declassify records pursuant to Executive Order No. 12958 (50 U.S.C.
    435 note), or any successor Executive order, or to comply with any
    statutory requirement to declassify Government records.
    (b) Certification required with respect to automatic
      declassification of records
      No records of the Department of Energy that have not as of
    October 5, 1999, been reviewed for declassification shall be
    subject to automatic declassification unless the Secretary of
    Energy certifies to Congress that such declassification would not
    harm the national security.
    (c) Report on automatic declassification of Department of Energy
      records
      Not later than February 1, 2001, the Secretary of Energy shall
    submit to the Committee on Armed Services of the House of
    Representatives and the Committee on Armed Services of the Senate a
    report on the efforts of the Department of Energy relating to the
    declassification of classified records under the control of the
    Department of Energy. Such report shall include the following:
        (1) An assessment of whether the Department will be able to
      review all relevant records for declassification before any date
      established for automatic declassification.
        (2) An estimate of the number of records, if any, that the
      Department will be unable to review for declassification before
      any such date and the effect on national security of the
      automatic declassification of those records.
        (3) An estimate of the length of time by which any such date
      would need to be extended to avoid the automatic declassification
      of records that have not yet been reviewed as of such date.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4525, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3173, Oct. 5, 1999, 113 Stat. 949;
    renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4525, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(15), Nov.
    24, 2003, 117 Stat. 1775.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 435 of this
    title prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-136, Sec. 3141(h)(15)(D),
    substituted "October 5, 1999," for "the date of the enactment of
    this Act".

-End-

-CITE-
    50 USC Part C - Emergency Response                          01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part C - Emergency Response

-HEAD-
                        PART C - EMERGENCY RESPONSE                    

-End-

-CITE-
    50 USC Sec. 2691                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER V - SAFEGUARDS AND SECURITY MATTERS
    Part C - Emergency Response

-HEAD-
    Sec. 2691. Responsibility for Defense Programs Emergency Response
      Program

-STATUTE-
      The Office of Military Applications under the Assistant Secretary
    of Energy for Defense Programs shall retain responsibility for the
    Defense Programs Emergency Response Program within the Department
    of Energy.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLV, Sec. 4541, formerly Pub. L.
    104-106, div. C, title XXXI, Sec. 3158, Feb. 10, 1996, 110 Stat.
    626; renumbered Pub. L. 107-314, div. D, title XLV, Sec. 4541, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(17), Nov. 24,
    2003, 117 Stat. 1776.)

-End-

-CITE-
    50 USC SUBCHAPTER VI - PERSONNEL MATTERS                    01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS

-HEAD-
                     SUBCHAPTER VI - PERSONNEL MATTERS                 

-End-

-CITE-
    50 USC Part A - Personnel Management                        01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part A - Personnel Management

-HEAD-
                       PART A - PERSONNEL MANAGEMENT                   

-End-

-CITE-
    50 USC Sec. 2701                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part A - Personnel Management

-HEAD-
    Sec. 2701. Authority for appointment of certain scientific,
      engineering, and technical personnel

-STATUTE-
    (a) Authority
      (1) Notwithstanding any provision of title 5 governing
    appointments in the competitive service and General Schedule
    classification and pay rates, the Secretary of Energy may - 
        (A) establish and set the rates of pay for not more than 200
      positions in the Department of Energy for scientific,
      engineering, and technical personnel whose duties will relate to
      safety at defense nuclear facilities of the Department; and
        (B) appoint persons to such positions.

      (2) The rate of pay for a position established under paragraph
    (1) may not exceed the rate of pay payable for level III of the
    Executive Schedule under section 5314 of title 5.
      (3) To the maximum extent practicable, the Secretary shall
    appoint persons under paragraph (1)(B) to the positions established
    under paragraph (1)(A) in accordance with the merit system
    principles set forth in section 2301 of such title.
      (4) The Secretary may not appoint more than 100 persons during
    fiscal year 1995 under the authority provided in this subsection.
    (b) OPM review
      (1) The Secretary shall enter into an agreement with the Director
    of the Office of Personnel Management under which agreement the
    Director shall periodically evaluate the use of the authority set
    forth in subsection (a)(1). The Secretary shall reimburse the
    Director for evaluations conducted by the Director pursuant to the
    agreement. Any such reimbursement shall be credited to the
    revolving fund referred to in section 1304(e) of title 5.
      (2) If the Director determines as a result of such evaluation
    that the Secretary of Energy is not appointing persons to positions
    under such authority in a manner consistent with the merit system
    principles set forth in section 2301 of title 5 or is setting rates
    of pay at levels that are not appropriate for the qualifications
    and experience of the persons appointed and the duties of the
    positions involved, the Director shall notify the Secretary and
    Congress of that determination.
      (3) Upon receipt of a notification under paragraph (2), the
    Secretary shall - 
        (A) take appropriate actions to appoint persons to positions
      under such authority in a manner consistent with such principles
      or to set rates of pay at levels that are appropriate for the
      qualifications and experience of the persons appointed and the
      duties of the positions involved; or
        (B) cease appointment of persons under such authority.
    (c) Termination
      (1) The authority provided under subsection (a)(1) shall
    terminate on September 30, 2006.
      (2) An employee may not be separated from employment with the
    Department of Energy or receive a reduction in pay by reason of the
    termination of authority under paragraph (1).

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4601, formerly Pub. L.
    103-337, div. C, title XXXI, Sec. 3161, Oct. 5, 1994, 108 Stat.
    3095; Pub. L. 105-85, div. C, title XXXI, Sec. 3139, Nov. 18, 1997,
    111 Stat. 2040; Pub. L. 105-261, div. C, title XXXI, Secs. 3152,
    3155, Oct. 17, 1998, 112 Stat. 2253, 2257; Pub. L. 106-398, Sec. 1
    [div. C, title XXXI, Sec. 3191], Oct. 30, 2000, 114 Stat. 1654,
    1654A-480; Pub. L. 107-314, div. C, title XXXI, Sec. 3174, Dec. 2,
    2002, 116 Stat. 2745; renumbered Pub. L. 107-314, div. D, title
    XLVI, Sec. 4601, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(i)(2), Nov. 24, 2003, 117 Stat. 1776; Pub. L. 108-375, div. C,
    title XXXI, Sec. 3112, Oct. 28, 2004, 118 Stat. 2160.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The provisions of title 5 governing appointments in the
    competitive service, referred to in subsec. (a)(1), are classified
    generally to section 3301 et seq. of Title 5, Government
    Organization and Employees.
      The General Schedule, referred to in subsec. (a)(1), is set out
    under section 5332 of Title 5, Government Organization and
    Employees.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7231 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(1). Pub. L. 108-375 substituted "September 30,
    2006" for "September 30, 2004".
      2002 - Subsec. (c)(1). Pub. L. 107-314, Sec. 3174, substituted
    "September 30, 2004" for "September 30, 2002".
      2000 - Subsec. (c)(1). Pub. L. 106-398 substituted "September 30,
    2002" for "September 30, 2000".
      1998 - Subsec. (a)(2). Pub. L. 105-261, Sec. 3155, substituted
    "level III of the Executive Schedule under section 5314" for "level
    IV of the Executive Schedule under section 5315".
      Subsec. (c)(1). Pub. L. 105-261, Sec. 3152, substituted
    "September 30, 2000" for "September 30, 1999".
      1997 - Subsec. (c). Pub. L. 105-85, Sec. 3139(a), redesignated
    subsec. (d) as (c) and struck out former subsec. (c) which related
    to a study to be conducted by the Environmental Protection Agency.
      Subsec. (c)(1). Pub. L. 105-85, Sec. 3139(b), substituted
    "September 30, 1999" for "September 30, 1997".
      Subsec. (d). Pub. L. 105-85, Sec. 3139(a)(2), redesignated
    subsec. (d) as (c).

-End-

-CITE-
    50 USC Sec. 2702                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part A - Personnel Management

-HEAD-
    Sec. 2702. Whistleblower protection program

-STATUTE-
    (a) Program required
      The Secretary of Energy shall establish a program to ensure that
    covered individuals may not be discharged, demoted, or otherwise
    discriminated against as a reprisal for making protected
    disclosures.
    (b) Covered individuals
      For purposes of this section, a covered individual is an
    individual who is an employee of the Department of Energy, or of a
    contractor of the Department, who is engaged in the defense
    activities of the Department.
    (c) Protected disclosures
      For purposes of this section, a protected disclosure is a
    disclosure - 
        (1) made by a covered individual who takes appropriate steps to
      protect the security of the information in accordance with
      guidance provided under this section;
        (2) made to a person or entity specified in subsection (d); and
        (3) of classified or other information that the covered
      individual reasonably believes to provide direct and specific
      evidence of any of the following:
          (A) A violation of law or Federal regulation.
          (B) Gross mismanagement, a gross waste of funds, or abuse of
        authority.
          (C) A false statement to Congress on an issue of material
        fact.
    (d) Persons and entities to which disclosures may be made
      A person or entity specified in this subsection is any of the
    following:
        (1) A member of a committee of Congress having primary
      responsibility for oversight of the department, agency, or
      element of the Government to which the disclosed information
      relates.
        (2) An employee of Congress who is a staff member of such a
      committee and has an appropriate security clearance for access to
      information of the type disclosed.
        (3) The Inspector General of the Department of Energy.
        (4) The Federal Bureau of Investigation.
        (5) Any other element of the Government designated by the
      Secretary as authorized to receive information of the type
      disclosed.
    (e) Official capacity of persons to whom information is disclosed
      A member of, or an employee of Congress who is a staff member of,
    a committee of Congress specified in subsection (d) who receives a
    protected disclosure under this section does so in that member or
    employee's official capacity as such a member or employee.
    (f) Assistance and guidance
      The Secretary, acting through the Inspector General of the
    Department of Energy, shall provide assistance and guidance to each
    covered individual who seeks to make a protected disclosure under
    this section. Such assistance and guidance shall include the
    following:
        (1) Identifying the persons or entities under subsection (d) to
      which that disclosure may be made.
        (2) Advising that individual regarding the steps to be taken to
      protect the security of the information to be disclosed.
        (3) Taking appropriate actions to protect the identity of that
      individual throughout that disclosure.
        (4) Taking appropriate actions to coordinate that disclosure
      with any other Federal agency or agencies that originated the
      information.
    (g) Regulations
      The Secretary shall prescribe regulations to ensure the security
    of any information disclosed under this section.
    (h) Notification to covered individuals
      The Secretary shall notify each covered individual of the
    following:
        (1) The rights of that individual under this section.
        (2) The assistance and guidance provided under this section.
        (3) That the individual has a responsibility to obtain that
      assistance and guidance before seeking to make a protected
      disclosure.
    (i) Complaint by covered individuals
      If a covered individual believes that that individual has been
    discharged, demoted, or otherwise discriminated against as a
    reprisal for making a protected disclosure under this section, the
    individual may submit a complaint relating to such matter to the
    Director of the Office of Hearings and Appeals of the Department of
    Energy.
    (j) Investigation by Office of Hearings and Appeals
      (1) For each complaint submitted under subsection (i), the
    Director of the Office of Hearings and Appeals shall - 
        (A) determine whether or not the complaint is frivolous; and
        (B) if the Director determines the complaint is not frivolous,
      conduct an investigation of the complaint.

      (2) The Director shall submit a report on each investigation
    undertaken under paragraph (1)(B) to - 
        (A) the individual who submitted the complaint on which the
      investigation is based;
        (B) the contractor concerned, if any; and
        (C) the Secretary of Energy.
    (k) Remedial action
      (1) Whenever the Secretary determines that a covered individual
    has been discharged, demoted, or otherwise discriminated against as
    a reprisal for making a protected disclosure under this section,
    the Secretary shall - 
        (A) in the case of a Department employee, take appropriate
      actions to abate the action; or
        (B) in the case of a contractor employee, order the contractor
      concerned to take appropriate actions to abate the action.

      (2)(A) If a contractor fails to comply with an order issued under
    paragraph (1)(B), the Secretary may file an action for enforcement
    of the order in the appropriate United States district court.
      (B) In any action brought under subparagraph (A), the court may
    grant appropriate relief, including injunctive relief and
    compensatory and exemplary damages.
    (l) Relationship to other laws
      The protections provided by this section are independent of, and
    not subject to any limitations that may be provided in, the
    Whistleblower Protection Act of 1989 (Public Law 101-512) (!1) or
    any other law that may provide protection for disclosures of
    information by employees of the Department of Energy or of a
    contractor of the Department.

    (m) Annual report
      (1) Not later than 30 days after the commencement of each fiscal
    year, the Director shall submit to the Committee on Armed Services
    of the Senate and the Committee on Armed Services of the House of
    Representatives a report on the investigations undertaken under
    subsection (j)(1)(B) during the preceding fiscal year, including a
    summary of the results of each such investigation.
      (2) A report under paragraph (1) may not identify or otherwise
    provide any information about an individual submitting a complaint
    under this section without the consent of the individual.
    (n) Implementation report
      Not later than December 5, 1999, the Secretary shall submit to
    the Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives a report describing
    the implementation of the program required by this section.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4602, formerly Pub. L.
    106-65, div. C, title XXXI, Sec. 3164, Oct. 5, 1999, 113 Stat. 946;
    renumbered Pub. L. 107-314, div. D, title XLVI, Sec. 4602, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(i)(3), Nov.
    24, 2003, 117 Stat. 1776.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Whistleblower Protection Act of 1989, referred to in subsec.
    (l), is Pub. L. 101-12, Apr. 10, 1989, 103 Stat. 16, as amended,
    which enacted subchapters II (Sec. 1211 et seq.) and III (Sec. 1221
    et seq.) of chapter 12 and section 3352 of Title 5, Government
    Organization and Employees, amended sections 1201 to 1206, 1209,
    1211, 2302, 2303, 3393, 7502, 7512, 7521, 7542, 7701, and 7703 of
    Title 5 and section 4139 of Title 22, Foreign Relations and
    Intercourse, repealed sections 1207 and 1208 of Title 5, and
    enacted provisions set out as notes under sections 1201, 1211, and
    5509 of Title 5. For complete classification of this Act to the
    Code, see Short Title of 1989 Amendment note set out under section
    1201 of Title 5 and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7239 of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (n). Pub. L. 108-136, Sec. 3141(i)(3)(D),
    substituted "December 5, 1999," for "60 days after October 5,
    1999,".

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    50 USC Sec. 2703                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part A - Personnel Management

-HEAD-
    Sec. 2703. Employee incentives for employees at closure project
      facilities

-STATUTE-
    (a) Authority to provide incentives
      Notwithstanding any other provision of law, the Secretary of
    Energy may provide to any eligible employee of the Department of
    Energy one or more of the incentives described in subsection (d).
    (b) Eligible employees
      An individual is an eligible employee of the Department of Energy
    for purposes of this section if the individual - 
        (1) has worked continuously at a closure facility for at least
      two years;
        (2) is an employee (as that term is defined in section 2105(a)
      of title 5);
        (3) has a fully satisfactory or equivalent performance rating
      during the most recent performance period and is not subject to
      an adverse notice regarding conduct; and
        (4) meets any other requirement or condition under subsection
      (d) for the incentive which is provided the employee under this
      section.
    (c) Closure facility defined
      For purposes of this section, the term "closure facility" means a
    Department of Energy facility at which the Secretary is carrying
    out a closure project selected under section 2601 of this title.
    (d) Incentives
      The incentives that the Secretary may provide under this section
    are the following:
        (1) The right to accumulate annual leave provided by section
      6303 of title 5 for use in succeeding years until it totals not
      more than 90 days, or not more than 720 hours based on a standard
      work week, at the beginning of the first full biweekly pay
      period, or corresponding period for an employee who is not paid
      on the basis of biweekly pay periods, occurring in a year, except
      that - 
          (A) any annual leave that remains unused when an employee
        transfers to a position in a department or agency of the
        Federal Government shall be liquidated upon the transfer by
        payment to the employee of a lump sum for leave in excess of 30
        days, or in excess of 240 hours based on a standard work week;
        and
          (B) upon separation from service, annual leave accumulated
        under this paragraph shall be treated as any other accumulated
        annual leave is treated.

        (2) The right to be paid a retention allowance in a lump sum in
      compliance with paragraphs (1) and (2) of section 5754(b) (!1) of
      title 5 if the employee meets the requirements of section 5754(a)
      (!1) of that title, except that the retention allowance may
      exceed 25 percent, but may not be more than 30 percent, of the
      employee's rate of basic pay.

    (e) Agreement
      An eligible employee of the Department of Energy provided an
    incentive under this section shall enter into an agreement with the
    Secretary to remain employed at the closure facility at which the
    employee is employed as of the date of the agreement until a
    specific date or for a specific period of time.
    (f) Violation of agreement
      (1) Except as provided under paragraph (3), an eligible employee
    of the Department of Energy who violates an agreement under
    subsection (e), or is dismissed for cause, shall forfeit
    eligibility for any incentives under this section as of the date of
    the violation or dismissal, as the case may be.
      (2) Except as provided under paragraph (3), an eligible employee
    of the Department of Energy who is paid a retention allowance under
    subsection (d)(2) and who violates an agreement under subsection
    (e), or is dismissed for cause, before the end of the period or
    date of employment agreed upon under such agreement shall refund to
    the United States an amount that bears the same ratio to the
    aggregate amount so paid to or received by the employee as the
    unserved part of such employment bears to the total period of
    employment agreed upon under such agreement.
      (3) The Secretary may waive the applicability of paragraph (1) or
    (2) to an employee otherwise covered by such paragraph if the
    Secretary determines that there is good and sufficient reason for
    the waiver.
    (g) Report
      The Secretary shall include in each report on a closure project
    under section 2601(h) of this title a report on the incentives, if
    any, provided under this section with respect to the project for
    the period covered by such report.
    (h) Omitted
    (i) Authority with respect to voluntary separations
      (1) The Secretary may - 
        (A) separate from service any employee at a Department of
      Energy facility at which the Secretary is carrying out a closure
      project selected under section 2601 of this title who volunteers
      to be separated under this subparagraph even though the employee
      is not otherwise subject to separation due to a reduction in
      force; and
        (B) for each employee voluntarily separated under subparagraph
      (A), retain an employee in a similar position who would otherwise
      be separated due to a reduction in force.

      (2) The separation of an employee under paragraph (1)(A) shall be
    treated as an involuntary separation due to a reduction in force.
      (3) An employee with critical knowledge and skills (as defined by
    the Secretary) may not participate in a voluntary separation under
    paragraph (1)(A) if the Secretary determines that such
    participation would impair the performance of the mission of the
    Department of Energy.
    (j) Termination
      The authority to provide incentives under this section terminates
    on March 31, 2007.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4603, formerly Pub. L.
    106-398, Sec. 1 [div. C, title XXXI, Sec. 3136], Oct. 30, 2000, 114
    Stat. 1654, 1654A-458; renumbered Pub. L. 107-314, div. D, title
    XLVI, Sec. 4603, and amended Pub. L. 108-136, div. C, title XXXI,
    Sec. 3141(i)(4), Nov. 24, 2003, 117 Stat. 1777.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5754 of title 5, referred to in subsec. (d)(2), was
    repealed and a new section 5754 relating to retention bonuses was
    enacted by Pub. L. 108-411, title I, Sec. 101(a)(1), Oct. 30, 2004,
    118 Stat. 2305, 2307.

-COD-
                               CODIFICATION                           
      Section is comprised of section 4603 of Pub. L. 107-314. Subsec.
    (h) of section 4603 of Pub. L. 107-314 amended section 8905a of
    Title 5, Government Organization and Employees.
      Section was formerly set out as a note under section 7274n of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-136, Sec. 3141(i)(4)(D)(i),
    substituted "section 2601 of this title" for "section 3143 of the
    National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C.
    7274n)".
      Subsec. (g). Pub. L. 108-136, Sec. 3141(i)(4)(D)(ii), substituted
    "section 2601(h) of this title" for "section 3143(h) of the
    National Defense Authorization Act for Fiscal Year 1997".
      Subsec. (i)(1)(A). Pub. L. 108-136, Sec. 3141(i)(4)(D)(i),
    substituted "section 2601 of this title" for "section 3143 of the
    National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C.
    7274n)".

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    50 USC Sec. 2704                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part A - Personnel Management

-HEAD-
    Sec. 2704. Department of Energy defense nuclear facilities
      workforce restructuring plan

-STATUTE-
    (a) In general
      Upon determination that a change in the workforce at a defense
    nuclear facility is necessary, the Secretary of Energy shall
    develop a plan for restructuring the workforce for the defense
    nuclear facility that takes into account - 
        (1) the reconfiguration of the defense nuclear facility; and
        (2) the plan for the nuclear weapons stockpile that is the most
      recently prepared plan at the time of the development of the plan
      referred to in this subsection.
    (b) Consultation
      (1) In developing a plan referred to in subsection (a) and any
    updates of the plan under subsection (e), the Secretary shall
    consult with the Secretary of Labor, appropriate representatives of
    local and national collective-bargaining units of individuals
    employed at Department of Energy defense nuclear facilities,
    appropriate representatives of departments and agencies of State
    and local governments, appropriate representatives of State and
    local institutions of higher education, and appropriate
    representatives of community groups in communities affected by the
    restructuring plan.
      (2) The Secretary shall determine appropriate representatives of
    the units, governments, institutions, and groups referred to in
    paragraph (1).
    (c) Objectives
      In preparing the plan required under subsection (a), the
    Secretary shall be guided by the following objectives:
        (1) Changes in the workforce at a Department of Energy defense
      nuclear facility - 
          (A) should be accomplished so as to minimize social and
        economic impacts;
          (B) should be made only after the provision of notice of such
        changes not later than 120 days before the commencement of such
        changes to such employees and the communities in which such
        facilities are located; and
          (C) should be accomplished, when possible, through the use of
        retraining, early retirement, attrition, and other options that
        minimize layoffs.

        (2) Employees whose employment in positions at such facilities
      is terminated shall, to the extent practicable, receive
      preference in any hiring of the Department of Energy (consistent
      with applicable employment seniority plans or practices of the
      Department of Energy and with section 3152 of the National
      Defense Authorization Act for Fiscal Years 1990 and 1991 (Public
      Law 101-189; 103 Stat. 1682)).
        (3) Employees shall, to the extent practicable, be retrained
      for work in environmental restoration and waste management
      activities at such facilities or other facilities of the
      Department of Energy.
        (4) The Department of Energy should provide relocation
      assistance to employees who are transferred to other Department
      of Energy facilities as a result of the plan.
        (5) The Department of Energy should assist terminated employees
      in obtaining appropriate retraining, education, and reemployment
      assistance (including employment placement assistance).
        (6) The Department of Energy should provide local impact
      assistance to communities that are affected by the restructuring
      plan and coordinate the provision of such assistance with - 
          (A) programs carried out by the Secretary of Labor under
        title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801
        et seq.];
          (B) programs carried out pursuant to the Defense Economic
        Adjustment, Diversification, Conversion, and Stabilization Act
        of 1990 (division D of Public Law 101-510; 10 U.S.C. 2391
        note); and
          (C) programs carried out by the Department of Commerce
        pursuant to title II of the Public Works and Economic
        Development Act of 1965 (42 U.S.C. 3141 et seq.).
    (d) Implementation
      The Secretary shall, subject to the availability of
    appropriations for such purpose, work on an ongoing basis with
    representatives of the Department of Labor, workforce bargaining
    units, and States and local communities in carrying out a plan
    required under subsection (a).
    (e) Plan updates
      Not later than one year after issuing a plan referred to in
    subsection (a) and on an annual basis thereafter, the Secretary
    shall issue an update of the plan. Each updated plan under this
    subsection shall - 
        (1) be guided by the objectives referred to in subsection (c),
      taking into account any changes in the function or mission of the
      Department of Energy defense nuclear facilities and any other
      changes in circumstances that the Secretary determines to be
      relevant;
        (2) contain an evaluation by the Secretary of the
      implementation of the plan during the year preceding the report;
      and
        (3) contain such other information and provide for such other
      matters as the Secretary determines to be relevant.
    (f) Submittal to Congress
      (1) The Secretary shall submit to Congress a plan referred to in
    subsection (a) with respect to a defense nuclear facility within 90
    days after the date on which a notice of changes described in
    subsection (c)(1)(B) is provided to employees of the facility, or
    90 days after the date of the enactment of this Act,(!1) whichever
    is later.

      (2) The Secretary shall submit to Congress any updates of the
    plan under subsection (e) immediately upon completion of any such
    update.
    (g) Department of Energy defense nuclear facility defined
      In this section, the term "Department of Energy defense nuclear
    facility" means - 
        (1) a production facility or utilization facility (as those
      terms are defined in section 2014 of title 42) that is under the
      control or jurisdiction of the Secretary and that is operated for
      national security purposes (including the tritium loading
      facility at Savannah River, South Carolina, the 236 H facility at
      Savannah River, South Carolina; and the Mound Laboratory, Ohio),
      but the term does not include any facility that does not conduct
      atomic energy defense activities and does not include any
      facility or activity covered by Executive Order Number 12344,
      dated February 1, 1982, pertaining to the naval nuclear
      propulsion program;
        (2) a nuclear waste storage or disposal facility that is under
      the control or jurisdiction of the Secretary;
        (3) a testing and assembly facility that is under the control
      or jurisdiction of the Secretary and that is operated for
      national security purposes (including the Nevada Test Site,
      Nevada; the Pinnellas Plant, Florida; and the Pantex facility,
      Texas);
        (4) an atomic weapons research facility that is under the
      control or jurisdiction of the Secretary (including Lawrence
      Livermore, Los Alamos, and Sandia National Laboratories); or
        (5) any facility described in paragraphs (1) through (4) that -
      
          (A) is no longer in operation;
          (B) was under the control or jurisdiction of the Department
        of Defense, the Atomic Energy Commission, or the Energy
        Research and Development Administration; and
          (C) was operated for national security purposes.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4604, formerly Pub. L.
    102-484, div. C, title XXXI, Sec. 3161, Oct. 23, 1992, 106 Stat.
    2644; Pub. L. 103-337, div. A, title X, Sec. 1070(c)(2), Oct. 5,
    1994, 108 Stat. 2857; Pub. L. 105-277, div. A, Sec. 101(f) [title
    VIII, Sec. 405(d)(7)(A), (f)(6)(A)], Oct. 21, 1998, 112 Stat. 2681-
    337, 2681-419, 2681-430; Pub. L. 107-107, div. A, title X, Sec.
    1048(h)(1), Dec. 28, 2001, 115 Stat. 1229; renumbered Pub. L. 107-
    314, div. D, title XLVI, Sec. 4604, and amended Pub. L. 108-136,
    div. C, title XXXI, Sec. 3141(i)(5), Nov. 24, 2003, 117 Stat.
    1777.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3152 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991, referred to in subsec. (c)(2), is section 3152
    of Pub. L. 101-189, div. C, title XXXI, Nov. 29, 1989, 103 Stat.
    1682, which is not classified to the Code.
      The Workforce Investment Act of 1998, referred to in subsec.
    (c)(6)(A), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
    amended. Title I of the Act is classified principally to chapter 30
    (Sec. 2801 et seq.) of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    9201 of Title 20, Education, and Tables.
      The Public Works and Economic Development Act of 1965, referred
    to in subsec. (c)(6)(C), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat.
    552, as amended. Title II of the Act is classified generally to
    subchapter II (Sec. 3141 et seq.) of chapter 38 of Title 42, The
    Public Health and Welfare. For complete classification of this Act
    to the Code, see Short Title note set out under section 3121 of
    Title 42 and Tables.
      The date of the enactment of this Act, referred to in subsec.
    (f)(1), meant Oct. 23, 1992, the date of enactment of Pub. L. 102-
    484, in this section as originally enacted. As renumbered by Pub.
    L. 108-136, this section is now part of Pub. L. 107-314, which was
    approved Dec. 2, 2002.
      Executive Order Number 12344, referred to in subsec. (g)(1), is
    set out as a note under section 2511 of this title.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274h of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-136, Sec. 3141(i)(5)(D)(i),
    struck out "(hereinafter in this subtitle referred to as the
    'Secretary')" after "Secretary of Energy".
      Subsec. (g). Pub. L. 108-136, Sec. 3141(i)(5)(D)(ii), added
    subsec. (g).
      2001 - Subsec. (c)(6)(C). Pub. L. 107-107 substituted "title II
    of the Public Works and Economic Development Act of 1965 (42 U.S.C.
    3141 et seq.)" for "title IX of the Public Works and Economic
    Development Act of 1965 (42 U.S.C. 3241 et seq.)".
      1998 - Subsec. (c)(6)(A). Pub. L. 105-277, Sec. 101(f) [title
    VIII, Sec. 405(f)(6)(A)], added subpar. (A) and struck out former
    subpar. (A) which read as follows: "programs carried out by the
    Secretary of Labor under the Job Training Partnership Act or title
    I of the Workforce Investment Act of 1998;".
      Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(7)(A)],
    added subpar. (A) and struck out former subpar. (A) which read as
    follows: "programs carried out by the Department of Labor pursuant
    to the Job Training Partnership Act (29 U.S.C. 1501 et seq.);"
      1994 - Pub. L. 103-337, Sec. 1070(c)(2)(B), substituted
    "workforce" for "work force" in section catchline.
      Subsec. (a). Pub. L. 103-337, Sec. 1070(c)(2)(A), substituted
    "workforce for" for "work force for" in introductory provisions.
      Subsec. (c)(1). Pub. L. 103-337, Sec. 1070(c)(2)(A), substituted
    "workforce" for "work force" in introductory provisions.
      Subsec. (c)(6)(B). Pub. L. 103-337, Sec. 1070(c)(2)(C),
    substituted "division D" for "Part D".
      Subsec. (d). Pub. L. 103-337, Sec. 1070(c)(2)(A), substituted
    "workforce" for "work force".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 101(f) [title VIII, Sec. 405(d)(7)(A)] of
    Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section
    101(f) [title VIII, Sec. 405(f)(6)(A)] of Pub. L. 105-277 effective
    July 1, 2000, see section 101(f) [title VIII, Sec. 405(g)(1),
    (2)(B)] of Pub. L. 105-277, set out as a note under section 3502 of
    Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 1070(c) of Pub. L. 103-337 provided that the amendment
    made by that section is effective as of Oct. 23, 1992, and as if
    included in the National Defense Authorization Act for Fiscal Year
    1993, Pub. L. 102-484, as enacted.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    50 USC Sec. 2705                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part A - Personnel Management

-HEAD-
    Sec. 2705. Authority to provide certificate of commendation to
      Department of Energy and contractor employees for exemplary
      service in stockpile stewardship and security

-STATUTE-
    (a) Authority to present certificate of commendation
      The Secretary of Energy may present a certificate of commendation
    to any current or former employee of the Department of Energy, and
    any current or former employee of a Department contractor, whose
    service to the Department in matters relating to stockpile
    stewardship and security assisted the Department in furthering the
    national security interests of the United States.
    (b) Certificate
      The certificate of commendation presented to a current or former
    employee under subsection (a) shall include an appropriate citation
    of the service of the current or former employee described in that
    subsection, including a citation for dedication, intellect, and
    sacrifice in furthering the national security interests of the
    United States by maintaining a strong, safe, and viable United
    States nuclear deterrent during the Cold War or thereafter.
    (c) Department of Energy defined
      For purposes of this section, the term "Department of Energy"
    includes any predecessor agency of the Department of Energy.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4605, formerly Pub. L.
    106-398, Sec. 1 [div. C, title XXXI, Sec. 3195], Oct. 30, 2000, 114
    Stat. 1654, 1654A-481; renumbered Pub. L. 107-314, div. D, title
    XLVI, Sec. 4605, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(i)(6), Nov. 24, 2003, 117 Stat. 1778.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-End-

-CITE-
    50 USC Part B - Education and Training                      01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part B - Education and Training

-HEAD-
                      PART B - EDUCATION AND TRAINING                  

-End-

-CITE-
    50 USC Sec. 2721                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part B - Education and Training

-HEAD-
    Sec. 2721. Executive management training in Department of Energy

-STATUTE-
    (a) Establishment of training program
      The Secretary of Energy shall establish and implement a
    management training program for personnel of the Department of
    Energy involved in the management of atomic energy defense
    activities.
    (b) Training provisions
      The training program shall at a minimum include instruction in
    the following areas:
        (1) Department of Energy policy and procedures for management
      and operation of atomic energy defense facilities.
        (2) Methods of evaluating technical performance.
        (3) Federal and State environmental laws and requirements for
      compliance with such environmental laws, including timely
      compliance with reporting requirements in such laws.
        (4) The establishment of program milestones and methods to
      evaluate success in meeting such milestones.
        (5) Methods for conducting long-range technical and budget
      planning.
        (6) Procedures for reviewing and applying innovative technology
      to environmental restoration and defense waste management.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4621, formerly Pub. L.
    101-189, div. C, title XXXI, Sec. 3142, Nov. 29, 1989, 103 Stat.
    1680; renumbered Pub. L. 107-314, div. D, title XLVI, Sec. 4621,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(i)(8),
    Nov. 24, 2003, 117 Stat. 1778.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7236 of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(i)(8)(D), made technical
    amendment to section catchline.

-End-

-CITE-
    50 USC Sec. 2722                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part B - Education and Training

-HEAD-
    Sec. 2722. Stockpile stewardship recruitment and training program

-STATUTE-
    (a) Conduct of program
      (1) As part of the stockpile stewardship program established
    pursuant to section 2521 of this title, the Secretary of Energy
    shall conduct a stockpile stewardship recruitment and training
    program at the Sandia National Laboratories, the Lawrence Livermore
    National Laboratory, and the Los Alamos National Laboratory.
      (2) The recruitment and training program shall be conducted in
    coordination with the Chairman of the Joint Nuclear Weapons Council
    established by section 179 of title 10 and the directors of the
    laboratories referred to in paragraph (1).
    (b) Support of dual-use programs
      (1) As part of the recruitment and training program, the
    directors of the laboratories referred to in subsection (a)(1) may
    employ undergraduate students, graduate students, and postdoctoral
    fellows to carry out research sponsored by such laboratories for
    military or nonmilitary dual-use programs related to nuclear
    weapons stockpile stewardship.
      (2) Of the amounts authorized to be appropriated to the Secretary
    of Energy in section 3101(a)(1) of the National Defense
    Authorization Act for Fiscal Year 1995 (Public Law 103-337) for
    weapons activities for core research and development and allocated
    by the Secretary for education initiatives, $5,000,000 shall be
    available for employing students and fellows to carry out research
    referred to in paragraph (1). The amount available under this
    paragraph shall be allocated equally among the laboratories
    referred to in subsection (a)(1).
    (c) Establishment of retiree corps
      As part of the training and recruitment program, the Secretary,
    in coordination with the directors of the laboratories referred to
    in subsection (a)(1), shall establish for the laboratories a
    retiree corps of retired scientists who have expertise in research
    and development of nuclear weapons. The directors may employ the
    retired scientists on a part-time basis to provide appropriate
    assistance on nuclear weapons issues, to contribute relevant
    information to be archived, and to help to provide training to
    other scientists.
    (d) Report
      (1) Not later than February 1, 1995, the Secretary shall submit
    to the Committees on Armed Services of the Senate and House of
    Representatives a report on the demographic trends of the personnel
    of the laboratories referred to in subsection (a)(1) and on actions
    taken by the Department of Energy to remedy identified deficiencies
    in various skill areas.
      (2) The report shall be prepared in coordination with the
    Chairman of the Joint Nuclear Weapons Council and the directors of
    the laboratories. Information included in the report shall be
    aggregated and compiled into statistical categories.
      (3) The report shall include the following:
        (A) An inventory of the weapons-related tasks that the
      laboratories need to perform to support their nuclear weapons
      responsibilities.
        (B) An inventory of the skills necessary to complete the
      weapons-related tasks referred to in subparagraph (A).
        (C) For each laboratory, the number of scientists needed in
      each skill area to perform such tasks.
        (D) The number of the scientists providing services in each
      skill area at each laboratory, stated by age.
        (E) An assessment of which skill areas are understaffed.
        (F) The number of scientists entering the weapons program at
      each laboratory, and their skill areas.
        (G) The number of full-time equivalent personnel with weapon
      skills, their distribution by skill and, for each such skill,
      their distribution by age.
        (H) The number of scientists retiring from the weapons program
      in the five-year period ending on the date of the report and the
      skill areas in which they worked in the year preceding their
      retirement.
        (I) Based on the information contained in subparagraphs (A)
      through (H), a projection of the skills areas that will become
      understaffed in the five years following the date of the report.
        (J) A statement of alternative actions that may be taken to
      retain and recruit scientists for the weapons programs at the
      laboratories in order to preserve a sufficient skill base and to
      fulfill stockpile stewardship responsibilities.
        (K) Any plans of the Secretary to take any of the alternative
      actions referred to in subparagraph (J).

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4622, formerly Pub. L.
    103-337, div. C, title XXXI, Sec. 3131, Oct. 5, 1994, 108 Stat.
    3085; renumbered Pub. L. 107-314, div. D, title XLVI, Sec. 4622,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(i)(9),
    Nov. 24, 2003, 117 Stat. 1778.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3101(a)(1) of the National Defense Authorization Act for
    Fiscal Year 1995, referred to in subsec. (b)(2), is section
    3101(a)(1) of Pub. L. 103-337, div. C, title XXXI, Oct. 5, 1994,
    108 Stat. 3074, which is not classified to the Code.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(1). Pub. L. 108-136, Sec. 3141(i)(9)(D)(i),
    substituted "section 2521 of this title" for "section 3138 of the
    National Defense Authorization Act for Fiscal Year 1994 (Public Law
    103-160; 107 Stat. 1946; 42 U.S.C. 2121 note)".
      Subsec. (b)(2). Pub. L. 108-136, Sec. 3141(i)(9)(D)(ii), inserted
    "of the National Defense Authorization Act for Fiscal Year 1995
    (Public Law 103-337)" after "section 3101(a)(1)".

-End-

-CITE-
    50 USC Sec. 2723                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part B - Education and Training

-HEAD-
    Sec. 2723. Fellowship program for development of skills critical to
      the Department of Energy nuclear weapons complex

-STATUTE-
    (a) In general
      The Secretary of Energy shall conduct a fellowship program for
    the development of skills critical to the ongoing mission of the
    Department of Energy nuclear weapons complex. Under the fellowship
    program, the Secretary shall provide educational assistance and
    research assistance to eligible individuals to facilitate the
    development by such individuals of skills critical to maintaining
    the ongoing mission of the Department of Energy nuclear weapons
    complex.
    (b) Eligible individuals
      Individuals eligible for participation in the fellowship program
    are United States citizens who are the following:
        (1) Students pursuing graduate degrees in fields of science or
      engineering that are related to nuclear weapons engineering or to
      the science and technology base of the Department of Energy.
        (2) Individuals engaged in postdoctoral studies in such fields.
    (c) Covered facilities
      The Secretary shall carry out the fellowship program at or in
    connection with the following facilities:
        (1) The Kansas City Plant, Kansas City, Missouri.
        (2) The Pantex Plant, Amarillo, Texas.
        (3) The Y-12 Plant, Oak Ridge, Tennessee.
        (4) The Savannah River Site, Aiken, South Carolina.
        (5) The Lawrence Livermore National Laboratory, Livermore,
      California.
        (6) The Los Alamos National Laboratory, Los Alamos, New Mexico.
        (7) The Sandia National Laboratories, Albuquerque, New Mexico,
      and Livermore, California.
    (d) Administration
      The Secretary shall carry out the fellowship program at a
    facility referred to in subsection (c) through the stockpile
    manager of the facility.
    (e) Allocation of funds
      The Secretary shall, in consultation with the Assistant Secretary
    of Energy for Defense Programs, allocate funds available for the
    fellowship program under subsection (f) among the facilities
    referred to in subsection (c). The Secretary shall make the
    allocation after evaluating an assessment by the weapons program
    director of each such facility of the personnel and critical skills
    necessary at the facility for carrying out the ongoing mission of
    the facility.
    (f) Agreement
      (1) The Secretary may allow an individual to participate in the
    program only if the individual signs an agreement described in
    paragraph (2).
      (2) An agreement referred to in paragraph (1) shall be in
    writing, shall be signed by the participant, and shall include the
    participant's agreement to serve, after completion of the course of
    study for which the assistance was provided, as a full-time
    employee in a position in the Department of Energy for a period of
    time to be established by the Secretary of Energy of not less than
    one year, if such a position is offered to the participant.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4623, formerly Pub. L.
    104-106, div. C, title XXXI, Sec. 3140, Feb. 10, 1996, 110 Stat.
    621; Pub. L. 106-65, div. C, title XXXI, Sec. 3162(a)-(d), Oct. 5,
    1999, 113 Stat. 943; renumbered Pub. L. 107-314, div. D, title
    XLVI, Sec. 4623, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(i)(10), Nov. 24, 2003, 117 Stat. 1779.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 2121 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a). Pub. L. 106-65, Sec. 3162(a), substituted
    "Secretary shall" for "Secretary shall - ", struck out par. (1)
    designation before "provide educational assistance", and struck out
    pars. (2) and (3) which read as follows:
      "(2) employ eligible individuals at the facilities described in
    subsection (c) in order to facilitate the development of such
    skills by these individuals; or
      "(3) provide eligible individuals with the assistance and the
    employment."
      Subsec. (b). Pub. L. 106-65, Sec. 3162(b), inserted "are United
    States citizens who" after "program" in introductory provisions.
      Subsec. (c)(5) to (7). Pub. L. 106-65, Sec. 3162(c), added pars.
    (5) to (7).
      Subsec. (f). Pub. L. 106-65, Sec. 3162(d), amended heading and
    text of subsec. (f) generally. Prior to amendment, text read as
    follows: "Of the funds authorized to be appropriated to the
    Department of Energy for fiscal year 1996 under section 3101(b),
    $10,000,000 may be used for the purpose of carrying out the
    fellowship program under this section."

-End-

-CITE-
    50 USC Part C - Worker Safety                               01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part C - Worker Safety

-HEAD-
                          PART C - WORKER SAFETY                      

-End-

-CITE-
    50 USC Sec. 2731                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part C - Worker Safety

-HEAD-
    Sec. 2731. Worker protection at nuclear weapons facilities

-STATUTE-
    (a) Training grant program
      (1) The Secretary of Energy is authorized to award grants to
    organizations referred to in paragraph (2) in order for such
    organizations - 
        (A) to provide training and education to persons who are or may
      be engaged in hazardous substance response or emergency response
      at Department of Energy nuclear weapons facilities; and
        (B) to develop curricula for such training and education.

      (2)(A) Subject to subparagraph (B), the Secretary is authorized
    to award grants under paragraph (1) to non-profit organizations
    that have demonstrated (as determined by the Secretary)
    capabilities in - 
        (i) implementing and conducting effective training and
      education programs relating to the general health and safety of
      workers; and
        (ii) identifying, and involving in training, groups of workers
      whose duties include hazardous substance response or emergency
      response.

      (B) The Secretary shall give preference in the award of grants
    under this section to employee organizations and joint labor-
    management training programs that are grant recipients under
    section 9660a of title 42.
      (3) An organization awarded a grant under paragraph (1) shall
    carry out training, education, or curricula development pursuant to
    Department of Energy orders relating to employee safety training,
    including orders numbered 5480.4 and 5480.11.
    (b) Enforcement of employee safety standards
      (1) Subject to paragraph (2), the Secretary shall assess civil
    penalties against any contractor of the Department of Energy who
    (as determined by the Secretary) - 
        (A) employs individuals who are engaged in hazardous substance
      response or emergency response at Department of Energy nuclear
      weapons facilities; and
        (B) fails (i) to provide for the training of such individuals
      to carry out such hazardous substance response or emergency
      response, or (ii) to certify to the Department of Energy that
      such employees are adequately trained for such response pursuant
      to orders issued by the Department of Energy relating to employee
      safety training (including orders numbered 5480.4 and 5480.11).

      (2) Civil penalties assessed under this subsection may not exceed
    $5,000 for each day in which a failure referred to in paragraph
    (1)(B) occurs.
    (c) Regulations
      The Secretary shall prescribe regulations to carry out this
    section.
    (d) Definitions
      For the purposes of this section, the term "hazardous substance"
    includes radioactive waste and mixed radioactive and hazardous
    waste.
    (e) Funding
      Of the funds authorized to be appropriated pursuant to section
    3101(9)(A) of the National Defense Authorization Act for Fiscal
    Years 1992 and 1993 (Public Law 102-190), $10,000,000 may be used
    for the purpose of carrying out this section.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4641, formerly Pub. L.
    102-190, div. C, title XXXI, Sec. 3131, Dec. 5, 1991, 105 Stat.
    1571; renumbered Pub. L. 107-314, div. D, title XLVI, Sec. 4641,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(i)(12),
    Nov. 24, 2003, 117 Stat. 1779.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3101(9)(A) of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993, referred to in subsec. (e), is section
    3101(9)(A) of Pub. L. 102-190, div. C, title XXXI, Dec. 5, 1991,
    105 Stat. 1564, which is not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274d of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (e). Pub. L. 108-136, Sec. 3141(i)(12)(D),
    inserted "of the National Defense Authorization Act for Fiscal
    Years 1992 and 1993 (Public Law 102-190)" after "section
    3101(9)(A)".

-End-

-CITE-
    50 USC Sec. 2732                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part C - Worker Safety

-HEAD-
    Sec. 2732. Safety oversight and enforcement at defense nuclear
      facilities

-STATUTE-
    (a) Safety at defense nuclear facilities
      The Secretary of Energy shall take appropriate actions to ensure
    that - 
        (1) officials of the Department of Energy who are responsible
      for independent oversight of matters relating to nuclear safety
      at defense nuclear facilities and enforcement of nuclear safety
      standards at such facilities maintain independence from officials
      who are engaged in, or who are advising persons who are engaged
      in, management of such facilities;
        (2) the independent, internal oversight functions carried out
      by the Department include activities relating to - 
          (A) the assessment of the safety of defense nuclear
        facilities;
          (B) the assessment of the effectiveness of Department program
        offices in carrying out programs relating to the environment,
        safety, health, and security at defense nuclear facilities;
          (C) the provision to the Secretary of oversight reports that -
         
            (i) contain validated technical information; and
            (ii) provide a clear analysis of the extent to which line
          programs governing defense nuclear facilities meet applicable
          goals for the environment, safety, health, and security at
          such facilities; and

          (D) the development of clear performance standards to be used
        in assessing the adequacy of the programs referred to in
        subparagraph (C)(ii);

        (3) the Department has a system for bringing issues relating to
      nuclear safety at defense nuclear facilities to the attention of
      the officials of the Department (including the Secretary of
      Energy) who have authority to resolve such issues in an adequate
      and timely manner; and
        (4) an adequate number of qualified personnel of the Department
      are assigned to oversee matters relating to nuclear safety at
      defense nuclear facilities and enforce nuclear safety standards
      at such facilities.
    (b) Report
      Not later than January 5, 1995, the Secretary shall submit to
    Congress a report describing the following:
        (1) The actions that the Secretary has taken or will take to
      fulfill the requirements set forth in paragraphs (1), (2), and
      (3) of subsection (a).
        (2) The actions in addition to the actions described under
      paragraph (1) that the Secretary could take in order to fulfill
      such requirements.
        (3) The respective roles with regard to nuclear safety at
      defense nuclear facilities of the following officials:
          (A) The Associate Deputy Secretary of Energy for Field
        Management.
          (B) The Assistant Secretary of Energy for Defense Programs.
          (C) The Assistant Secretary of Energy for Environmental
        Restoration and Waste Management.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4642, formerly Pub. L.
    103-337, div. C, title XXXI, Sec. 3163, Oct. 5, 1994, 108 Stat.
    3097; renumbered Pub. L. 107-314, div. D, title XLVI, Sec. 4642,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(i)(13),
    Nov. 24, 2003, 117 Stat. 1779.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274m of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-136, Sec. 3141(i)(13)(D),
    substituted "January 5, 1995," for "90 days after October 5,
    1994,".

-End-

-CITE-
    50 USC Sec. 2733                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part C - Worker Safety

-HEAD-
    Sec. 2733. Program to monitor Department of Energy workers exposed
      to hazardous and radioactive substances

-STATUTE-
    (a) In general
      The Secretary shall establish and carry out a program for the
    identification and on-going medical evaluation of current and
    former Department of Energy employees who are subject to
    significant health risks as a result of the exposure of such
    employees to hazardous or radioactive substances during such
    employment.
    (b) Implementation of program
      (1) The Secretary shall, with the concurrence of the Secretary of
    Health and Human Services, issue regulations under which the
    Secretary shall implement the program. Such regulations shall, to
    the extent practicable, provide for a process to - 
        (A) identify the hazardous substances and radioactive
      substances to which current and former Department of Energy
      employees may have been exposed as a result of such employment;
        (B) identify employees referred to in subparagraph (A) who
      received a level of exposure identified under paragraph (2)(B);
        (C) determine the appropriate number, scope, and frequency of
      medical evaluations and laboratory tests to be provided to
      employees who have received a level of exposure identified under
      paragraph (2)(B) to permit the Secretary to evaluate fully the
      extent, nature, and medical consequences of such exposure;
        (D) make available the evaluations and tests referred to in
      subparagraph (C) to the employees referred to in such
      subparagraph;
        (E) ensure that privacy is maintained with respect to medical
      information that personally identifies any such employee; and
        (F) ensure that employee participation in the program is
      voluntary.

      (2)(A) In determining the most appropriate means of carrying out
    the activities referred to in subparagraphs (A) through (D) of
    paragraph (1), the Secretary shall consult with the Secretary of
    Health and Human Services under the agreement referred to in
    subsection (c).
      (B) The Secretary of Health and Human Services, with the
    assistance of the Director of the Centers for Disease Control and
    the Director of the National Institute for Occupational Safety and
    Health, and the Secretary of Labor shall identify the levels of
    exposure to the substances referred to in subparagraph (A) of
    paragraph (1) that present employees referred to in such
    subparagraph with significant health risks under Federal and State
    occupational, health, and safety standards;
      (3) In prescribing the guidelines referred to in paragraph (1),
    the Secretary shall consult with representatives of the following
    entities:
        (A) The American College of Occupational and Environmental
      Medicine.
        (B) The National Academy of Sciences.
        (C) The National Council on Radiation Protection.
        (D) Any labor organization or other collective bargaining agent
      authorized to act on the behalf of employees of a Department of
      Energy defense nuclear facility.

      (4) The Secretary shall provide for each employee identified
    under paragraph (1)(D) and provided with any medical examination or
    test under paragraph (1)(E) to be notified by the appropriate
    medical personnel of the identification and the results of any such
    examination or test. Each notification under this paragraph shall
    be provided in a form that is readily understandable by the
    employee.
      (5) The Secretary shall collect and assemble information relating
    to the examinations and tests carried out under paragraph (1)(E).
      (6) The Secretary shall commence carrying out the program
    described in this subsection not later than October 23, 1993.
    (c) Agreement with Secretary of Health and Human Services
      Not later than April 23, 1993, the Secretary shall enter into an
    agreement with the Secretary of Health and Human Services relating
    to the establishment and conduct of the program required and
    regulations issued under this section.
    (d) Definitions
      In this section:
        (1) The term "Department of Energy defense nuclear facility"
      has the meaning given that term in section 2704(g) of this title.
        (2) The term "Department of Energy employee" means any employee
      of the Department of Energy employed at a Department of Energy
      defense nuclear facility, including any employee of a contractor
      or subcontractor of the Department of Energy employed at such a
      facility.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4643, formerly Pub. L.
    102-484, div. C, title XXXI, Sec. 3162, Oct. 23, 1992, 106 Stat.
    2646; renumbered Pub. L. 107-314, div. D, title XLVI, Sec. 4643,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(i)(14),
    Nov. 24, 2003, 117 Stat. 1779.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274i of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(6). Pub. L. 108-136, Sec. 3141(i)(14)(D)(i),
    substituted "October 23, 1993" for "1 year after October 23, 1992".
      Subsec. (c). Pub. L. 108-136, Sec. 3141(i)(14)(D)(ii),
    substituted "April 23, 1993," for "180 days after October 23,
    1992,".
      Subsec. (d). Pub. L. 108-136, Sec. 3141(i)(14)(D)(iii), added
    subsec. (d).

-CHANGE-
                              CHANGE OF NAME                          
      Centers for Disease Control changed to Centers for Disease
    Control and Prevention by Pub. L. 102-531, title III, Sec. 312,
    Oct. 27, 1992, 106 Stat. 3504.

-End-

-CITE-
    50 USC Sec. 2734                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VI - PERSONNEL MATTERS
    Part C - Worker Safety

-HEAD-
    Sec. 2734. Programs for persons who may have been exposed to
      radiation released from Hanford Nuclear Reservation

-STATUTE-
    (a) Funding
      Of the funds authorized to be appropriated to the Department of
    Energy under title XXXI of the National Defense Authorization Act
    for Fiscal Year 1991 (Public Law 101-510), the Secretary of Energy
    shall make available $3,000,000 to the State of Washington,
    $1,000,000 to the State of Oregon, and $1,000,000 to the State of
    Idaho. Such funds shall be used to develop and implement programs
    for the benefit of persons who may have been exposed to radiation
    released from the Department of Energy Hanford Nuclear Reservation
    (Richland, Washington) between the years 1944 and 1972.
    (b) Programs
      The programs to be developed by the States may include only the
    following activities:
        (1) Preparing and distributing information on the health
      effects of radiation to health care professionals, and to persons
      who may have been exposed to radiation.
        (2) Developing and implementing mechanisms for referring
      persons who may have been exposed to radiation to health care
      professionals with expertise in the health effects of radiation.
        (3) Evaluating and, if feasible, implementing, registration and
      monitoring of persons who may have been exposed to radiation
      released from the Hanford Nuclear Reservation.
    (c) Plan and reports
      (1) The States of Washington, Oregon, and Idaho shall jointly
    develop a single plan for implementing this section.
      (2) Not later than May 5, 1991, such States shall submit to the
    Secretary of Energy and the Congress a copy of the plan developed
    under paragraph (1).
      (3) Not later than May 5, 1992, such States shall submit to the
    Secretary of Energy and the Congress a single report on the
    implementation of the plan developed under paragraph (1).
      (4) In developing and implementing the plan, such States shall
    consult with persons carrying out current radiation dose and
    epidemiological research programs (including the Hanford Thyroid
    Disease Study of the Centers for Disease Control and the Hanford
    Environmental Dose Reconstruction Project of the Department of
    Energy), and may not cause substantial damage to such research
    programs.
    (d) Prohibition on disclosure of exposure information
      (1) Except as provided in paragraph (2), a person may not
    disclose to the public the following:
        (A) Any information obtained through a program that identifies
      a person who may have been exposed to radiation released from the
      Hanford Nuclear Reservation.
        (B) Any information obtained through a program that identifies
      a person participating in any of the programs developed under
      this section.
        (C) The name, address, and telephone number of a person
      requesting information referred to in subsection (b)(1).
        (D) The name, address, and telephone number of a person who has
      been referred to a health care professional under subsection
      (b)(2).
        (E) The name, address, and telephone number of a person who has
      been registered and monitored pursuant to subsection (b)(3).
        (F) Information that identifies the person from whom
      information referred to in this paragraph was obtained under a
      program or any other third party involved with, or identified by,
      any such information so obtained.
        (G) Any other personal or medical information that identifies a
      person or party referred to in subparagraphs (A) through (F).
        (H) Such other information or categories of information as the
      chief officers of the health departments of the States of
      Washington, Oregon, and Idaho jointly designate as information
      covered by this subsection.

      (2) Information referred to in paragraph (1) may be disclosed to
    the public if the person identified by the information, or the
    legal representative of that person, has consented in writing to
    the disclosure.
      (3) The States of Washington, Oregon, and Idaho shall establish
    uniform procedures for carrying out this subsection, including
    procedures governing the following:
        (A) The disclosure of information under paragraph (2).
        (B) The use of the Hanford Health Information Network database.
        (C) The future disposition of the database.
        (D) Enforcement of the prohibition provided in paragraph (1) on
      the disclosure of information described in that paragraph.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVI, Sec. 4644, formerly Pub. L.
    101-510, div. C, title XXXI, Sec. 3138, Nov. 5, 1990, 104 Stat.
    1834; Pub. L. 103-337, div. C, title XXXI, Sec. 3138(b), Oct. 5,
    1994, 108 Stat. 3087; renumbered Pub. L. 107-314, div. D, title
    XLVI, Sec. 4644, and amended Pub. L. 108-136, div. C, title XXXI,
    Sec. 3141(i)(15), Nov. 24, 2003, 117 Stat. 1780.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title XXXI of the National Defense Authorization Act for Fiscal
    Year 1991, referred to in subsec. (a), is title XXXI of div. C of
    Pub. L. 101-510, Nov. 5, 1990, 104 Stat. 1824, as amended. For
    complete classification of title XXXI to the Code, see Tables.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(i)(15)(D)(i), made technical
    amendment to section catchline.
      Subsec. (a). Pub. L. 108-136, Sec. 3141(i)(15)(D)(ii),
    substituted "title XXXI of the National Defense Authorization Act
    for Fiscal Year 1991 (Public Law 101-510)" for "this title".
      Subsec. (c)(2). Pub. L. 108-136, Sec. 3141(i)(15)(D)(iii)(I),
    substituted "May 5, 1991," for "six months after the date of the
    enactment of this Act,".
      Subsec. (c)(3). Pub. L. 108-136, Sec. 3141(i)(15)(D)(iii)(II),
    substituted "May 5, 1992," for "18 months after the date of the
    enactment of this Act,".
      1994 - Subsec. (d). Pub. L. 103-337 added subsec. (d).

-CHANGE-
                              CHANGE OF NAME                          
      Centers for Disease Control changed to Centers for Disease
    Control and Prevention by Pub. L. 102-531, title III, Sec. 312,
    Oct. 27, 1992, 106 Stat. 3504.

-End-

-CITE-
    50 USC SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT
           MATTERS                                         01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS

-HEAD-
         SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS     

-End-

-CITE-
    50 USC Part A - Recurring National Security Authorization
                     Provisions                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
       PART A - RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS   

-End-

-CITE-
    50 USC Sec. 2741                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2741. Definitions

-STATUTE-
      In this part:
        (1) The term "DOE national security authorization" means an
      authorization of appropriations for activities of the Department
      of Energy in carrying out programs necessary for national
      security.
        (2) The term "congressional defense committees" means - 
          (A) the Committee on Armed Services and the Committee on
        Appropriations of the Senate; and
          (B) the Committee on Armed Services and the Committee on
        Appropriations of the House of Representatives.

        (3) The term "minor construction threshold" means $5,000,000.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4701, formerly div. C,
    title XXXVI, Sec. 3620, Dec. 2, 2002, 116 Stat. 2756; renumbered
    div. D, title XLVII, Sec. 4701, by Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(j)(2)(A)-(C), Nov. 24, 2003, 117 Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386 of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-End-

-CITE-
    50 USC Sec. 2742                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2742. Reprogramming

-STATUTE-
    (a) In general
      Except as provided in subsection (b) and in sections 2750 and
    2751 of this title, the Secretary of Energy may not use amounts
    appropriated pursuant to a DOE national security authorization for
    a program - 
        (1) in amounts that exceed, in a fiscal year - 
          (A) 115 percent of the amount authorized for that program by
        that authorization for that fiscal year; or
          (B) $5,000,000 more than the amount authorized for that
        program by that authorization for that fiscal year; or

        (2) which has not been presented to, or requested of, Congress.
    (b) Exception where notice-and-wait given
      An action described in subsection (a) may be taken if - 
        (1) the Secretary submits to the congressional defense
      committees a report referred to in subsection (c) with respect to
      such action; and
        (2) a period of 30 days has elapsed after the date on which
      such committees receive the report.
    (c) Report
      The report referred to in subsection (a) is a report containing a
    full and complete statement of the action proposed to be taken and
    the facts and circumstances relied upon in support of the proposed
    action.
    (d) Computation of days
      In the computation of the 30-day period under subsection (b),
    there shall be excluded any day on which either House of Congress
    is not in session because of an adjournment of more than three days
    to a day certain.
    (e) Limitations
      (1) Total amount obligated
        In no event may the total amount of funds obligated pursuant to
      a DOE national security authorization for a fiscal year exceed
      the total amount authorized to be appropriated by that
      authorization for that fiscal year.
      (2) Prohibited items
        Funds appropriated pursuant to a DOE national security
      authorization may not be used for an item for which Congress has
      specifically denied funds.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4702, formerly div. C,
    title XXXVI, Sec. 3621, Dec. 2, 2002, 116 Stat. 2757; renumbered
    div. D, title XLVII, Sec. 4702, and amended Pub. L. 108-136, div.
    C, title XXXI, Sec. 3141(j)(2)(A)-(D)(i), Nov. 24, 2003, 117 Stat.
    1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386a of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-136, Sec. 3141(j)(2)(D)(i), in
    introductory provisions, made technical amendment to reference in
    original act which appears in text as reference to sections 2750
    and 2751 of this title.

-End-

-CITE-
    50 USC Sec. 2743                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2743. Minor construction projects

-STATUTE-
    (a) Authority
      Using operation and maintenance funds or facilities and
    infrastructure funds authorized by a DOE national security
    authorization, the Secretary of Energy may carry out minor
    construction projects.
    (b) Annual report
      The Secretary shall submit to the congressional defense
    committees on an annual basis a report on each exercise of the
    authority in subsection (a) during the preceding fiscal year. Each
    report shall provide a brief description of each minor construction
    project covered by the report.
    (c) Cost variation reports to congressional committees
      If, at any time during the construction of any minor construction
    project authorized by a DOE national security authorization, the
    estimated cost of the project is revised and the revised cost of
    the project exceeds the minor construction threshold, the Secretary
    shall immediately submit to the congressional defense committees a
    report explaining the reasons for the cost variation.
    (d) Minor construction project defined
      In this section, the term "minor construction project" means any
    plant project not specifically authorized by law for which the
    approved total estimated cost does not exceed the minor
    construction threshold.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4703, formerly div. C,
    title XXXVI, Sec. 3622, Dec. 2, 2002, 116 Stat. 2757; renumbered
    div. D, title XLVII, Sec. 4703, by Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(j)(2)(A)-(C), Nov. 24, 2003, 117 Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386b of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-End-

-CITE-
    50 USC Sec. 2744                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2744. Limits on construction projects

-STATUTE-
    (a) Construction cost ceiling
      Except as provided in subsection (b), construction on a
    construction project which is in support of national security
    programs of the Department of Energy and was authorized by a DOE
    national security authorization may not be started, and additional
    obligations in connection with the project above the total
    estimated cost may not be incurred, whenever the current estimated
    cost of the construction project exceeds by more than 25 percent
    the higher of - 
        (1) the amount authorized for the project; or
        (2) the amount of the total estimated cost for the project as
      shown in the most recent budget justification data submitted to
      Congress.
    (b) Exception where notice-and-wait given
      An action described in subsection (a) may be taken if - 
        (1) the Secretary of Energy has submitted to the congressional
      defense committees a report on the actions and the circumstances
      making such action necessary; and
        (2) a period of 30 days has elapsed after the date on which the
      report is received by the committees.
    (c) Computation of days
      In the computation of the 30-day period under subsection (b),
    there shall be excluded any day on which either House of Congress
    is not in session because of an adjournment of more than three days
    to a day certain.
    (d) Exception for minor projects
      Subsection (a) does not apply to a construction project with a
    current estimated cost of less than the minor construction
    threshold.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4704, formerly div. C,
    title XXXVI, Sec. 3623, Dec. 2, 2002, 116 Stat. 2758; renumbered
    div. D, title XLVII, Sec. 4704, by Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(j)(2)(A)-(C), Nov. 24, 2003, 117 Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386c of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-End-

-CITE-
    50 USC Sec. 2745                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2745. Fund transfer authority

-STATUTE-
    (a) Transfer to other Federal agencies
      The Secretary of Energy may transfer funds authorized to be
    appropriated to the Department of Energy pursuant to a DOE national
    security authorization to other Federal agencies for the
    performance of work for which the funds were authorized. Funds so
    transferred may be merged with and be available for the same
    purposes and for the same time period as the authorizations of the
    Federal agency to which the amounts are transferred.
    (b) Transfer within Department of Energy
      (1) Transfers permitted
        Subject to paragraph (2), the Secretary of Energy may transfer
      funds authorized to be appropriated to the Department of Energy
      pursuant to a DOE national security authorization to any other
      DOE national security authorization. Amounts of authorizations so
      transferred may be merged with and be available for the same
      purposes and for the same period as the authorization to which
      the amounts are transferred.
      (2) Maximum amounts
        Not more than 5 percent of any such authorization may be
      transferred to another authorization under paragraph (1). No such
      authorization may be increased or decreased by more than 5
      percent by a transfer under such paragraph.
    (c) Limitations
      The authority provided by this subsection to transfer
    authorizations - 
        (1) may be used only to provide funds for items relating to
      activities necessary for national security programs that have a
      higher priority than the items from which the funds are
      transferred; and
        (2) may not be used to provide funds for an item for which
      Congress has specifically denied funds.
    (d) Notice to Congress
      The Secretary of Energy shall promptly notify the congressional
    defense committees of any transfer of funds to or from any DOE
    national security authorization.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4705, formerly div. C,
    title XXXVI, Sec. 3624, Dec. 2, 2002, 116 Stat. 2758; renumbered
    div. D, title XLVII, Sec. 4705, by Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(j)(2)(A)-(C), Nov. 24, 2003, 117 Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386d of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-End-

-CITE-
    50 USC Sec. 2746                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2746. Conceptual and construction design

-STATUTE-
    (a) Conceptual design
      (1) Requirement
        Subject to paragraph (2) and except as provided in paragraph
      (3), before submitting to Congress a request for funds for a
      construction project that is in support of a national security
      program of the Department of Energy, the Secretary of Energy
      shall complete a conceptual design for that project.
      (2) Requests for conceptual design funds
        If the estimated cost of completing a conceptual design for a
      construction project exceeds $3,000,000, the Secretary shall
      submit to Congress a request for funds for the conceptual design
      before submitting a request for funds for the construction
      project.
      (3) Exceptions
        The requirement in paragraph (1) does not apply to a request
      for funds - 
          (A) for a construction project the total estimated cost of
        which is less than the minor construction threshold; or
          (B) for emergency planning, design, and construction
        activities under section 2747 of this title.
    (b) Construction design
      (1) Authority
        Within the amounts authorized by a DOE national security
      authorization, the Secretary may carry out construction design
      (including architectural and engineering services) in connection
      with any proposed construction project if the total estimated
      cost for such design does not exceed $600,000.
      (2) Limitation on availability of funds for certain projects
        If the total estimated cost for construction design in
      connection with any construction project exceeds $600,000, funds
      for that design must be specifically authorized by law.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4706, formerly div. C,
    title XXXVI, Sec. 3625, Dec. 2, 2002, 116 Stat. 2759; renumbered
    div. D, title XLVII, Sec. 4706, and amended Pub. L. 108-136, div.
    C, title XXXI, Sec. 3141(j)(2)(A)-(C), (D)(ii), Nov. 24, 2003, 117
    Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386e of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(3)(B). Pub. L. 108-136, Sec.
    3141(j)(2)(D)(ii), made technical amendment to reference in
    original act which appears in text as reference to section 2747 of
    this title.

-End-

-CITE-
    50 USC Sec. 2747                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2747. Authority for emergency planning, design, and
      construction activities

-STATUTE-
    (a) Authority
      The Secretary of Energy may use any funds available to the
    Department of Energy pursuant to a DOE national security
    authorization, including funds authorized to be appropriated for
    advance planning, engineering, and construction design, and for
    plant projects, to perform planning, design, and construction
    activities for any Department of Energy national security program
    construction project that, as determined by the Secretary, must
    proceed expeditiously in order to protect public health and safety,
    to meet the needs of national defense, or to protect property.
    (b) Limitation
      The Secretary may not exercise the authority under subsection (a)
    in the case of a construction project until the Secretary has
    submitted to the congressional defense committees a report on the
    activities that the Secretary intends to carry out under this
    section and the circumstances making those activities necessary.
    (c) Specific authority
      The requirement of section 2746(b)(2) of this title does not
    apply to emergency planning, design, and construction activities
    conducted under this section.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4707, formerly div. C,
    title XXXVI, Sec. 3626, Dec. 2, 2002, 116 Stat. 2759; renumbered
    div. D, title XLVII, Sec. 4707, and amended Pub. L. 108-136, div.
    C, title XXXI, Sec. 3141(j)(2)(A)-(C), (D)(iii), Nov. 24, 2003, 117
    Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386f of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-136, Sec. 3141(j)(2)(D)(iii),
    made technical amendment to reference in original act which appears
    in text as reference to section 2746(b)(2) of this title.

-End-

-CITE-
    50 USC Sec. 2748                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2748. Scope of authority to carry out plant projects

-STATUTE-
      In carrying out programs necessary for national security, the
    authority of the Secretary of Energy to carry out plant projects
    includes authority for maintenance, restoration, planning,
    construction, acquisition, modification of facilities, and the
    continuation of projects authorized in prior years, and land
    acquisition related thereto.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4708, formerly div. C,
    title XXXVI, Sec. 3627, Dec. 2, 2002, 116 Stat. 2760; renumbered
    div. D, title XLVII, Sec. 4708, by Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(j)(2)(A)-(C), Nov. 24, 2003, 117 Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386g of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-End-

-CITE-
    50 USC Sec. 2749                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2749. Availability of funds

-STATUTE-
    (a) In general
      Except as provided in subsection (b), amounts appropriated
    pursuant to a DOE national security authorization for operation and
    maintenance or for plant projects may, when so specified in an
    appropriations Act, remain available until expended.
    (b) Exception for program direction funds
      Amounts appropriated for program direction pursuant to a DOE
    national security athorization (!1) for a fiscal year shall remain
    available to be obligated only until the end of that fiscal year.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4709, formerly div. C,
    title XXXVI, Sec. 3628, Dec. 2, 2002, 116 Stat. 2760; renumbered
    div. D, title XLVII, Sec. 4709, by Pub. L. 108-136, div. C, title
    XXXI, Sec. 3141(j)(2)(A)-(C), Nov. 24, 2003, 117 Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386h of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-FOOTNOTE-
    (!1) So in original. Probably should be "authorization".

-End-

-CITE-
    50 USC Sec. 2750                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2750. Transfer of defense environmental management funds

-STATUTE-
    (a) Transfer authority for defense environmental management funds
      The Secretary of Energy shall provide the manager of each field
    office of the Department of Energy with the authority to transfer
    defense environmental management funds from a program or project
    under the jurisdiction of that office to another such program or
    project.
    (b) Limitations
      (1) Number of transfers
        Not more than one transfer may be made to or from any program
      or project under subsection (a) in a fiscal year.
      (2) Amounts transferred
        The amount transferred to or from a program or project in any
      one transfer under subsection (a) may not exceed $5,000,000.
      (3) Determination required
        A transfer may not be carried out by a manager of a field
      office under subsection (a) unless the manager determines that
      the transfer is necessary - 
          (A) to address a risk to health, safety, or the environment;
        or
          (B) to assure the most efficient use of defense environmental
        management funds at the field office.
      (4) Impermissible uses
        Funds transferred pursuant to subsection (a) may not be used
      for an item for which Congress has specifically denied funds or
      for a new program or project that has not been authorized by
      Congress.
    (c) Exemption from reprogramming requirements
      The requirements of section 2742 of this title shall not apply to
    transfers of funds pursuant to subsection (a).
    (d) Notification
      The Secretary, acting through the Assistant Secretary of Energy
    for Environmental Management, shall notify Congress of any transfer
    of funds pursuant to subsection (a) not later than 30 days after
    such transfer occurs.
    (e) Definitions
      In this section:
        (1) The term "program or project" means, with respect to a
      field office of the Department of Energy, a program or project
      that is for environmental restoration or waste management
      activities necessary for national security programs of the
      Department, that is being carried out by that office, and for
      which defense environmental management funds have been authorized
      and appropriated.
        (2) The term "defense environmental management funds" means
      funds appropriated to the Department of Energy pursuant to an
      authorization for carrying out environmental restoration and
      waste management activities necessary for national security
      programs.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4710, formerly div. C,
    title XXXVI, Sec. 3629, Dec. 2, 2002, 116 Stat. 2760; renumbered
    div. D, title XLVII, Sec. 4710, and amended Pub. L. 108-136, div.
    C, title XXXI, Sec. 3141(j)(2)(A)-(C), (D)(iv), Nov. 24, 2003, 117
    Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386i of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-136, Sec. 3141(j)(2)(D)(iv), made
    technical amendment to reference in original act which appears in
    text as reference to section 2742 of this title.

-End-

-CITE-
    50 USC Sec. 2751                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2751. Transfer of weapons activities funds

-STATUTE-
    (a) Transfer authority for weapons activities funds
      The Secretary of Energy shall provide the manager of each field
    office of the Department of Energy with the authority to transfer
    weapons activities funds from a program or project under the
    jurisdiction of that office to another such program or project.
    (b) Limitations
      (1) Number of transfers
        Not more than one transfer may be made to or from any program
      or project under subsection (a) in a fiscal year.
      (2) Amounts transferred
        The amount transferred to or from a program or project in any
      one transfer under subsection (a) may not exceed $5,000,000.
      (3) Determination required
        A transfer may not be carried out by a manager of a field
      office under subsection (a) unless the manager determines that
      the transfer - 
          (A) is necessary to address a risk to health, safety, or the
        environment; or
          (B) will result in cost savings and efficiencies.
      (4) Limitation
        A transfer may not be carried out by a manager of a field
      office under subsection (a) to cover a cost overrun or scheduling
      delay for any program or project.
      (5) Impermissible uses
        Funds transferred pursuant to subsection (a) may not be used
      for an item for which Congress has specifically denied funds or
      for a new program or project that has not been authorized by
      Congress.
    (c) Exemption from reprogramming requirements
      The requirements of section 2742 of this title shall not apply to
    transfers of funds pursuant to subsection (a).
    (d) Notification
      The Secretary, acting through the Administrator for Nuclear
    Security, shall notify Congress of any transfer of funds pursuant
    to subsection (a) not later than 30 days after such transfer
    occurs.
    (e) Definitions
      In this section:
        (1) The term "program or project" means, with respect to a
      field office of the Department of Energy, a program or project
      that is for weapons activities necessary for national security
      programs of the Department, that is being carried out by that
      office, and for which weapons activities funds have been
      authorized and appropriated.
        (2) The term "weapons activities funds" means funds
      appropriated to the Department of Energy pursuant to an
      authorization for carrying out weapons activities necessary for
      national security programs.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4711, formerly div. C,
    title XXXVI, Sec. 3630, Dec. 2, 2002, 116 Stat. 2761; renumbered
    div. D, title XLVII, Sec. 4711, and amended Pub. L. 108-136, div.
    C, title XXXI, Sec. 3141(j)(2)(A)-(C), (D)(v), Nov. 24, 2003, 117
    Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386j of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-136, Sec. 3141(j)(2)(D)(v), made
    technical amendment to reference in original act which appears in
    text as reference to section 2742 of this title.

-End-

-CITE-
    50 USC Sec. 2752                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part A - Recurring National Security Authorization Provisions

-HEAD-
    Sec. 2752. Funds available for all national security programs of
      the Department of Energy

-STATUTE-
      Subject to the provisions of appropriation Acts and section 2742
    of this title, amounts appropriated pursuant to a DOE national
    security authorization for management and support activities and
    for general plant projects are available for use, when necessary,
    in connection with all national security programs of the Department
    of Energy.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4712, formerly div. C,
    title XXXVI, Sec. 3631, Dec. 2, 2002, 116 Stat. 2762; renumbered
    div. D, title XLVII, Sec. 4712, and amended Pub. L. 108-136, div.
    C, title XXXI, Sec. 3141(j)(2)(A)-(C), (D)(vi), Nov. 24, 2003, 117
    Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7386k of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(j)(2)(D)(vi), made technical
    amendment to reference in original act which appears in text as
    reference to section 2742 of this title.

-End-

-CITE-
    50 USC Part B - Penalties                                   01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part B - Penalties

-HEAD-
                            PART B - PENALTIES                        

-End-

-CITE-
    50 USC Sec. 2761                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part B - Penalties

-HEAD-
    Sec. 2761. Restriction on use of funds to pay penalties under
      environmental laws

-STATUTE-
    (a) Restriction
      Funds appropriated to the Department of Energy for the Naval
    Nuclear Propulsion Program or the nuclear weapons programs or other
    atomic energy defense activities of the Department of Energy may
    not be used to pay a penalty, fine, or forfeiture in regard to a
    defense activity or facility of the Department of Energy due to a
    failure to comply with any environmental requirement.
    (b) Exception
      Subsection (a) shall not apply with respect to an environmental
    requirement if - 
        (1) the President fails to request funds for compliance with
      the environmental requirement; or
        (2) the Congress has appropriated funds for such purpose (and
      such funds have not been sequestered, deferred, or rescinded) and
      the Secretary of Energy fails to use the funds for such purpose.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4721, formerly Pub. L.
    99-661, div. C, title I, Sec. 3132, Nov. 14, 1986, 100 Stat. 4063;
    renumbered Pub. L. 107-314, div. D, title XLVII, Sec. 4721, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(j)(4), Nov.
    24, 2003, 117 Stat. 1781.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7273a of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(j)(4)(D), made technical
    amendment to section catchline.

-End-

-CITE-
    50 USC Sec. 2762                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part B - Penalties

-HEAD-
    Sec. 2762. Restriction on use of funds to pay penalties under Clean
      Air Act

-STATUTE-
      None of the funds authorized to be appropriated by the Department
    of Energy National Security and Military Applications of Nuclear
    Energy Authorization Act of 1981 (Public Law 96-540) or any other
    Act may be used to pay any penalty, fine, forfeiture, or settlement
    resulting from a failure to comply with the Clean Air Act (42
    U.S.C. 7401 et seq.) with respect to any defense activity of the
    Department of Energy if (1) the Secretary finds that compliance is
    physically impossible within the time prescribed for compliance, or
    (2) the President has specifically requested appropriations for
    compliance and the Congress has failed to appropriate funds for
    such purpose.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4722, formerly Pub. L.
    96-540, title II, Sec. 211, Dec. 17, 1980, 94 Stat. 3203;
    renumbered Pub. L. 107-314, div. D, title XLVII, Sec. 4722, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(j)(5), Nov.
    24, 2003, 117 Stat. 1781.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Department of Energy National Security and Military
    Applications of Nuclear Energy Authorization Act of 1981, referred
    to in text, is Pub. L. 96-540, Dec. 17, 1980, 94 Stat. 3197, which
    insofar as classified to the Code, enacted this section and section
    2513 of this title.
      The Clean Air Act, referred to in text, is act July 14, 1955, ch.
    360, 69 Stat. 322, as amended, which is classified generally to
    chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title note set out under section 7401 of Title 42 and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7273 of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in the
    following appropriations act:
      Pub. L. 96-164, title II, Sec. 211, Dec. 29, 1979, 93 Stat. 1264.

                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(j)(5)(C), made technical
    amendment to section catchline and substituted "the Department of
    Energy National Security and Military Applications of Nuclear
    Energy Authorization Act of 1981 (Public Law 96-540) or any other
    Act" for "this or any other Act" in text.

-End-

-CITE-
    50 USC Part C - Other Matters                               01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part C - Other Matters

-HEAD-
                          PART C - OTHER MATTERS                      

-End-

-CITE-
    50 USC Sec. 2771                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VII - BUDGET AND FINANCIAL MANAGEMENT MATTERS
    Part C - Other Matters

-HEAD-
    Sec. 2771. Single request for authorization of appropriations for
      common defense and security programs

-STATUTE-
      The Secretary shall submit to the Congress for fiscal year 1980,
    and for each subsequent fiscal year, a single request for
    authorizations for appropriations for all programs of the
    Department of Energy involving scientific research and development
    in support of the armed forces, military applications of nuclear
    energy, strategic and critical materials necessary for the common
    defense, and other programs which involve the common defense and
    security of the United States.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVII, Sec. 4731, formerly Pub. L.
    95-509, title II, Sec. 208, Oct. 24, 1978, 92 Stat. 1779;
    renumbered Pub. L. 107-314, div. D, title XLVII, Sec. 4731, and
    amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(j)(7), Nov.
    24, 2003, 117 Stat. 1782.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7271 of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(j)(7)(C), inserted section
    catchline and struck out former catchline.

-End-

-CITE-
    50 USC SUBCHAPTER VIII - ADMINISTRATIVE MATTERS             01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS

-HEAD-
                 SUBCHAPTER VIII - ADMINISTRATIVE MATTERS             

-End-

-CITE-
    50 USC Part A - Contracts                                   01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part A - Contracts

-HEAD-
                            PART A - CONTRACTS                        

-End-

-CITE-
    50 USC Sec. 2781                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part A - Contracts

-HEAD-
    Sec. 2781. Costs not allowed under covered contracts

-STATUTE-
    (a) In general
      The following costs are not allowable under a covered contract:
        (1) Costs of entertainment, including amusement, diversion, and
      social activities and any costs directly associated with such
      costs (such as tickets to shows or sports events, meals, lodging,
      rentals, transportation, and gratuities).
        (2) Costs incurred to influence (directly or indirectly)
      legislative action on any matter pending before Congress or a
      State legislature.
        (3) Costs incurred in defense of any civil or criminal fraud
      proceeding or similar proceeding (including filing of any false
      certification) brought by the United States where the contractor
      is found liable or has pleaded nolo contendere to a charge of
      fraud or similar proceeding (including filing of false
      certification).
        (4) Payments of fines and penalties resulting from violations
      of, or failure to comply with, Federal, State, local, or foreign
      laws and regulations, except when incurred as a result of
      compliance with specific terms and conditions of the contract or
      specific written instructions from the contracting officer
      authorizing in advance such payments in accordance with
      applicable regulations of the Secretary of Energy.
        (5) Costs of membership in any social, dining, or country club
      or organization.
        (6) Costs of alcoholic beverages.
        (7) Contributions or donations, regardless of the recipient.
        (8) Costs of advertising designed to promote the contractor or
      its products.
        (9) Costs of promotional items and memorabilia, including
      models, gifts, and souvenirs.
        (10) Costs for travel by commercial aircraft or by travel by
      other than common carrier that is not necessary for the
      performance of the contract and the cost of which exceeds the
      amount of the standard commercial fare.
    (b) Regulations; costs of information provided to Congress or State
      legislatures and related costs
      (1) Not later than 150 days after November 8, 1985, the Secretary
    of Energy shall prescribe regulations to implement this section.
    Such regulations may establish appropriate definitions, exclusions,
    limitations, and qualifications. Such regulations shall be
    published in accordance with section 418b of title 41.
      (2) In any regulations implementing subsection (a)(2), the
    Secretary may not treat as not allowable (by reason of such
    subsection) the following costs of a contractor:
        (A) Costs of providing to Congress or a State legislature, in
      response to a request from Congress or a State legislature,
      information of a factual, technical, or scientific nature, or
      advice of experts, with respect to topics directly related to the
      performance of the contract.
        (B) Costs for transportation, lodging, or meals incurred for
      the purpose of providing such information or advice.
    (c) "Covered contract" defined
      In this section, "covered contract" means a contract for an
    amount more than $100,000 entered into by the Secretary of Energy
    obligating funds appropriated for national security programs of the
    Department of Energy.
    (d) Effective date
      Subsection (a) shall apply with respect to costs incurred under a
    covered contract on or after 30 days after the regulations required
    by subsection (b) are issued.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4801, formerly Pub. L.
    99-145, title XV, Sec. 1534, Nov. 8, 1985, 99 Stat. 774; Pub. L.
    100-180, div. C, title III, Sec. 3131(a), Dec. 4, 1987, 101 Stat.
    1238; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec. 4801,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(2),
    Nov. 24, 2003, 117 Stat. 1783.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7256a of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(k)(2)(D)(i), made technical
    amendment to section catchline.
      Subsec. (b)(1). Pub. L. 108-136, Sec. 3141(k)(2)(D)(ii),
    substituted "November 8, 1985," for "the date of the enactment of
    this Act," in the original, which for purposes of codification had
    been changed to "November 8, 1985," thus requiring no change in
    text.
      1987 - Subsec. (b). Pub. L. 100-180 designated existing
    provisions as par. (1) and added par. (2).

                                REGULATIONS                            
      Pub. L. 100-180, div. C, title I, Sec. 3131(b), Dec. 4, 1987, 101
    Stat. 1239, provided that: "Regulations to implement paragraph (2)
    of section 1534(b) of the Department of Energy National Security
    and Military Applications of Nuclear Energy Authorization Act of
    1986 (as added by subsection (a)) [50 U.S.C. 2781(b)(2)] shall be
    prescribed not later than 90 days after the date of the enactment
    of this Act [Dec. 4, 1987]. Such regulations shall apply as if
    included in the original regulations prescribed under such
    section."

-End-

-CITE-
    50 USC Sec. 2782                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part A - Contracts

-HEAD-
    Sec. 2782. Prohibition and report on bonuses to contractors
      operating defense nuclear facilities

-STATUTE-
    (a) Prohibition
      The Secretary of Energy may not provide any bonuses, award fees,
    or other form of performance- or production-based awards to a
    contractor operating a Department of Energy defense nuclear
    facility unless, in evaluating the performance or production under
    the contract, the Secretary considers the contractor's compliance
    with all applicable environmental, safety, and health statutes,
    regulations, and practices for determining both the size of, and
    the contractor's qualification for, such bonus, award fee, or other
    award. The prohibition in this subsection applies with respect to
    contracts entered into, or contract options exercised, after
    November 29, 1989.
    (b) Report on Rocky Flats bonuses
      The Secretary of Energy shall investigate the payment, from 1981
    to 1988, of production bonuses to Rockwell International, the
    contractor operating the Rocky Flats Plant (Golden, Colorado), for
    purposes of determining whether the payment of such bonuses was
    made under fraudulent circumstances. Not later than May 29, 1990,
    the Secretary shall submit to the Committees on Armed Services of
    the Senate and House of Representatives a report on the results of
    that investigation, including the Secretary's conclusions and
    recommendations.
    (c) "Department of Energy defense nuclear facility" defined
      In this section, the term "Department of Energy defense nuclear
    facility" has the meaning given such term by section 2286g of title
    42.
    (d) Regulations
      The Secretary of Energy shall promulgate regulations to implement
    subsection (a) not later than March 1, 1990.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4802, formerly Pub. L.
    101-189, div. C, title XXXI, Sec. 3151, Nov. 29, 1989, 103 Stat.
    1682; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec. 4802,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(3),
    Nov. 24, 2003, 117 Stat. 1783.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7256b of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(k)(3)(D)(i), made technical
    amendment to section catchline.
      Subsec. (a). Pub. L. 108-136, Sec. 3141(k)(3)(D)(ii), substituted
    "November 29, 1989" for "the date of the enactment of this Act" in
    the original, which for purposes of codification had been changed
    to "November 29, 1989" thus requiring no change in text.
      Subsec. (b). Pub. L. 108-136, Sec. 3141(k)(3)(D)(iii),
    substituted "May 29, 1990," for "6 months after November 29,
    1989,".
      Subsec. (d). Pub. L. 108-136, Sec. 3141(k)(3)(D)(iv), substituted
    "March 1, 1990" for "90 days after November 29, 1989".

-End-

-CITE-
    50 USC Sec. 2783                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part A - Contracts

-HEAD-
    Sec. 2783. Contractor liability for injury or loss of property
      arising out of atomic weapons testing programs

-STATUTE-
    (a) Short title
      This section may be cited as the "Atomic Testing Liability Act".
    (b) Federal remedies applicable; exclusiveness of remedies
      (1) Remedy
        The remedy against the United States provided by sections
      1346(b) and 2672 of title 28, by the Act of March 9, 1920 (46
      U.S.C. App. 741-752), or by the Act of March 3, 1925 (46 U.S.C.
      App. 781-790), as appropriate, for injury, loss of property,
      personal injury, or death shall apply to any civil action for
      injury, loss of property, personal injury, or death due to
      exposure to radiation based on acts or omissions by a contractor
      in carrying out an atomic weapons testing program under a
      contract with the United States.
      (2) Exclusivity
        The remedies referred to in paragraph (1) shall be exclusive of
      any other civil action or proceeding for the purpose of
      determining civil liability arising from any act or omission of
      the contractor without regard to when the act or omission
      occurred. The employees of a contractor referred to in paragraph
      (1) shall be considered to be employees of the Federal
      Government, as provided in section 2671 of title 28, for the
      purposes of any such civil action or proceeding; and the civil
      action or proceeding shall proceed in the same manner as any
      action against the United States filed pursuant to section
      1346(b) of such title and shall be subject to the limitations and
      exceptions applicable to those actions.
    (c) Procedure
      A contractor against whom a civil action or proceeding described
    in subsection (b) is brought shall promptly deliver all processes
    served upon that contractor to the Attorney General of the United
    States. Upon certification by the Attorney General that the suit
    against the contractor is within the provisions of subsection (b),
    a civil action or proceeding commenced in a State court shall be
    removed without bond at any time before trial by the Attorney
    General to the district court of the United States for the district
    and division embracing the place wherein it is pending and the
    proceedings shall be deemed a tort action brought against the
    United States under the provisions of section 1346(b), 2401(b), or
    2402, or sections 2671 through 2680 of title 28. For purposes of
    removal, the certification by the Attorney General under this
    subsection establishes contractor status conclusively.
    (d) Actions covered
      The provisions of this section shall apply to any action, within
    the provisions of subsection (b), which is pending on November 5,
    1990, or commenced on or after such date. Notwithstanding section
    2401(b) of title 28, if a civil action or proceeding to which this
    section applies is pending on November 5, 1990, and is dismissed
    because the plaintiff in such action or proceeding did not file an
    administrative claim as required by section 2672 of that title, the
    plaintiff in that action or proceeding shall have 30 days from the
    date of the dismissal or two years from the date upon which the
    claim accrued, whichever is later, to file an administrative claim,
    and any claim or subsequent civil action or proceeding shall
    thereafter be subject to the provisions of section 2401(b) of title
    28.
    (e) "Contractor" defined
      For purposes of this section, the term "contractor" includes a
    contractor or cost reimbursement subcontractor of any tier
    participating in the conduct of the United States atomic weapons
    testing program for the Department of Energy (or its predecessor
    agencies, including the Manhattan Engineer District, the Atomic
    Energy Commission, and the Energy Research and Development
    Administration). Such term also includes facilities which conduct
    or have conducted research concerning health effects of ionizing
    radiation in connection with the testing under contract with the
    Department of Energy (or any of its predecessor agencies).

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4803, formerly Pub. L.
    101-510, div. C, title XXXI, Sec. 3141, Nov. 5, 1990, 104 Stat.
    1837; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec. 4803,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(4),
    Nov. 24, 2003, 117 Stat. 1783.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 9, 1920, referred to in subsec. (b)(1), is act Mar.
    9, 1920, ch. 95, 41 Stat. 525, as amended, popularly known as the
    Suits in Admiralty Act, which is classified generally to chapter 20
    (Sec. 741 et seq.) of Title 46, Appendix, Shipping. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 741 of Title 46, Appendix, and Tables.
      Act of March 3, 1925, referred to in subsec. (b)(1), is act Mar.
    3, 1925, ch. 428, 43 Stat. 1112, as amended, popularly known as the
    Public Vessels Act, which is classified generally to chapter 22
    (Sec. 781 et seq.) of Title 46, Appendix. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 781 of Title 46, Appendix, and Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 2212 of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(k)(4)(D)(i), made technical
    amendment to section catchline.
      Subsec. (d). Pub. L. 108-136, Sec. 3141(k)(4)(D)(ii), substituted
    "November 5, 1990," for "the date of the enactment of this Act" in
    two places in the original, which for purposes of codification had
    been changed to "November 5, 1990," thus requiring no change in
    text.

-End-

-CITE-
    50 USC Part B - Research and Development                    01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part B - Research and Development

-HEAD-
                     PART B - RESEARCH AND DEVELOPMENT                 

-End-

-CITE-
    50 USC Sec. 2791                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part B - Research and Development

-HEAD-
    Sec. 2791. Laboratory-directed research and development programs

-STATUTE-
    (a) Authority
      Government-owned, contractor-operated laboratories that are
    funded out of funds available to the Department of Energy for
    national security programs are authorized to carry out laboratory-
    directed research and development.
    (b) Regulations
      The Secretary of Energy shall prescribe regulations for the
    conduct of laboratory-directed research and development at such
    laboratories.
    (c) Funding
      Of the funds provided by the Department of Energy to such
    laboratories for national security activities, the Secretary shall
    provide a specific amount, not to exceed 6 percent of such funds,
    to be used by such laboratories for laboratory-directed research
    and development.
    (d) "Laboratory-directed research and development" defined
      For purposes of this section, the term "laboratory-directed
    research and development" means research and development work of a
    creative and innovative nature which, under the regulations
    prescribed pursuant to subsection (b), is selected by the director
    of a laboratory for the purpose of maintaining the vitality of the
    laboratory in defense-related scientific disciplines.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4811, formerly Pub. L.
    101-510, div. C, title XXXI, Sec. 3132, Nov. 5, 1990, 104 Stat.
    1832; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec. 4811,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(6),
    Nov. 24, 2003, 117 Stat. 1784.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7257a of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(k)(6)(D), made technical
    amendment to section catchline.

-End-

-CITE-
    50 USC Sec. 2791a                                           01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part B - Research and Development

-HEAD-
    Sec. 2791a. Laboratory-directed research and development

-STATUTE-
      Of the funds made available by the Department of Energy for
    activities at government-owned, contractor-operator operated
    laboratories funded in this Act or subsequent Energy and Water
    Development Appropriations Acts, the Secretary may authorize a
    specific amount, not to exceed 8 percent of such funds, to be used
    by such laboratories for laboratory-directed research and
    development: Provided, That the Secretary may also authorize a
    specific amount not to exceed 3 percent of such funds, to be used
    by the plant manager of a covered nuclear weapons production plant
    or the manager of the Nevada Site Office for plant or site-directed
    research and development: Provided further, That notwithstanding
    Department of Energy order 413.2A, dated January 8, 2001, beginning
    in fiscal year 2006 and thereafter, all DOE laboratories may be
    eligible for laboratory directed research and development funding.

-SOURCE-
    (Pub. L. 109-103, title III, Sec. 311, Nov. 19, 2005, 119 Stat.
    2280.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 109-103, Nov. 19, 2005,
    119 Stat. 2247, known as the Energy and Water Development
    Appropriations Act, 2006. For complete classification of this Act
    to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy and Water Development
    Appropriations Act, 2006, and not as part of the Atomic Energy
    Defense Act which comprises this chapter.

-End-

-CITE-
    50 USC Sec. 2792                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part B - Research and Development

-HEAD-
    Sec. 2792. Limitations on use of funds for laboratory directed
      research and development purposes

-STATUTE-
    (a) General limitations
      (1) No funds authorized to be appropriated or otherwise made
    available to the Department of Energy in any fiscal year after
    fiscal year 1997 for weapons activities may be obligated or
    expended for activities under the Department of Energy Laboratory
    Directed Research and Development Program, or under any Department
    of Energy technology transfer program or cooperative research and
    development agreement, unless such activities support the national
    security mission of the Department of Energy.
      (2) No funds authorized to be appropriated or otherwise made
    available to the Department of Energy in any fiscal year after
    fiscal year 1997 for environmental restoration, waste management,
    or nuclear materials and facilities stabilization may be obligated
    or expended for activities under the Department of Energy
    Laboratory Directed Research and Development Program, or under any
    Department of Energy technology transfer program or cooperative
    research and development agreement, unless such activities support
    the environmental restoration mission, waste management mission, or
    materials stabilization mission, as the case may be, of the
    Department of Energy.
    (b) Limitation in fiscal year 1998 pending submittal of annual
      report
      Not more than 30 percent of the funds authorized to be
    appropriated or otherwise made available to the Department of
    Energy in fiscal year 1998 for laboratory directed research and
    development may be obligated or expended for such research and
    development until the Secretary of Energy submits to the
    congressional defense committees the report required by section
    2793(b) of this title in 1998.
    (c) Omitted
    (d) Assessment of funding level for laboratory directed research
      and development
      The Secretary shall include in the report submitted under such
    section 2793(b)(1) of this title in 1998 an assessment of the
    funding required to carry out laboratory directed research and
    development, including a recommendation for the percentage of the
    funds provided to Government-owned, contractor-operated
    laboratories for national security activities that should be made
    available for such research and development under section 2791(c)
    of this title.
    (e) "Laboratory directed research and development" defined
      In this section, the term "laboratory directed research and
    development" has the meaning given that term in section 2791(d) of
    this title.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4812, formerly Pub. L.
    105-85, div. C, title XXXI, Sec. 3137, Nov. 18, 1997, 111 Stat.
    2038; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec. 4812,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(k)(7)(A), Nov. 24, 2003, 117 Stat. 1784.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 4812 of Pub. L. 107-314. Subsec.
    (c) of section 4812 of Pub. L. 107-314 amended section 2793 of this
    title.
      Section was formerly classified to section 7257c of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-136, Sec. 3141(k)(7)(A)(iv), made
    technical amendment to reference in original act which appears in
    text as reference to section 2793(b) of this title.
      Subsec. (d). Pub. L. 108-136, Sec. 3141(k)(7)(A)(v)(II), made
    technical amendment to reference in original act which appears in
    text as reference to section 2791(c) of this title.
      Pub. L. 108-136, Sec. 3141(k)(7)(A)(v)(I), made technical
    amendment to reference in original act which appears in text as
    reference to section 2793(b)(1) of this title.
      Subsec. (e). Pub. L. 108-136, Sec. 3141(k)(7)(A)(vi), made
    technical amendment to reference in original act which appears in
    text as reference to section 2791(d) of this title.

-End-

-CITE-
    50 USC Sec. 2793                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part B - Research and Development

-HEAD-
    Sec. 2793. Limitation on use of funds for certain research and
      development purposes

-STATUTE-
    (a) Limitation
      No funds authorized to be appropriated or otherwise made
    available to the Department of Energy for fiscal year 1997 under
    section 3101 of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201) may be obligated or expended for
    activities under the Department of Energy Laboratory Directed
    Research and Development Program, or under any Department of Energy
    technology transfer program or cooperative research and development
    agreement, unless such activities support the national security
    mission of the Department of Energy.
    (b) Annual report
      (1) Not later than February 1 each year, the Secretary of Energy
    shall submit to the congressional defense committees a report on
    the funds expended during the preceding fiscal year on activities
    under the Department of Energy Laboratory Directed Research and
    Development Program. The purpose of the report is to permit an
    assessment of the extent to which such activities support the
    national security mission of the Department of Energy.
      (2) Each report shall be prepared by the officials responsible
    for Federal oversight of the funds expended on activities under the
    program.
      (3) Each report shall set forth the criteria utilized by the
    officials preparing the report in determining whether or not the
    activities reviewed by such officials support the national security
    mission of the Department.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4812A, formerly Pub.
    L. 104-201, div. C, title XXXI, Sec. 3136, Sept. 23, 1996, 110
    Stat. 2830; Pub. L. 107-314, div. D, title XLVIII, Sec. 4812(c),
    formerly Pub. L. 105-85, div. C, title XXXI, Sec. 3137(c), Nov. 18,
    1997, 111 Stat. 2039, renumbered Pub. L. 107-314, div. D, title
    XLVIII, Sec. 4812(c), by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(k)(7)(A)(i)-(iii), Nov. 24, 2003, 117 Stat. 1784; renumbered
    Pub. L. 107-314, div. D, title XLVIII, Sec. 4812A, and amended Pub.
    L. 108-136, div. C, title XXXI, Sec. 3141(k)(7)(B), Nov. 24, 2003,
    117 Stat. 1784.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3101 of the National Defense Authorization Act for Fiscal
    Year 1997, referred to in subsec. (a), is section 3101 of Pub. L.
    104-201, div. C, title XXXI, Sept. 23, 1996, 110 Stat. 2820, which
    is not classified to the Code.

-COD-
                               CODIFICATION                           
      Subsec. (b) of this section was formerly classified to section
    7257b of Title 42, The Public Health and Welfare, prior to
    renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-136, Sec. 3141(k)(7)(B)(iv),
    inserted "of the National Defense Authorization Act for Fiscal Year
    1997 (Public Law 104-201)" after "section 3101".
      1997 - Subsec. (b)(1). Pub. L. 107-314, Sec. 4812(c), formerly
    Pub. L. 105-85, Sec. 3137(c), substituted "Not later than February
    1 each year, the Secretary of Energy shall submit" for "The
    Secretary of Energy shall annually submit".

-End-

-CITE-
    50 USC Sec. 2794                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part B - Research and Development

-HEAD-
    Sec. 2794. Critical technology partnerships

-STATUTE-
    (a) Partnerships
      For the purpose of facilitating the transfer of technology, the
    Secretary of Energy shall ensure, to the maximum extent
    practicable, that atomic energy defense activities research on, and
    development of, any dual-use critical technology is conducted
    through cooperative research and development agreements, or other
    arrangements, that involve laboratories of the Department of Energy
    and other entities.
    (b) Definitions
      In this section:
        (1) The term "dual-use critical technology" means a technology -
       
          (A) that is critical to atomic energy defense activities, as
        determined by the Secretary of Energy;
          (B) that has military applications and nonmilitary
        applications; and
          (C) that either - 
            (i)(I) appears on the list of national critical
          technologies contained in a biennial report on national
          critical technologies submitted to Congress by the President
          pursuant to section 6683(d) (!1) of title 42; and

            (II) has not been expressly deleted from such list by such
          a report subsequently submitted to Congress by the President;
          or
            (ii)(I) appears on the list of critical technologies
          contained in an annual defense critical technologies plan
          submitted to Congress by the Secretary of Defense pursuant to
          section 2506 (!1) of title 10; and
            (II) has not been expressly deleted from such list by such
          a plan subsequently submitted to Congress by the Secretary.

        (2) The term "cooperative research and development agreement"
      has the meaning given that term by section 3710a(d) of title 15.
        (3) The term "other entities" means - 
          (A) firms, or a consortium of firms, that are eligible to
        participate in a partnership or other arrangement with a
        laboratory of the Department of Energy, as determined in
        accordance with applicable law and regulations; or
          (B) firms, or a consortium of firms, described in
        subparagraph (A) in combination with one or more of the
        following:
            (i) Institutions of higher education in the United States.
            (ii) Departments and agencies of the Federal Government
          other than the Department of Energy.
            (iii) Agencies of State Governments.
            (iv) Any other persons or entities that may be eligible and
          appropriate, as determined in accordance with applicable laws
          and regulations.

        (4) The term "atomic energy defense activities" does not
      include activities covered by Executive Order No. 12344, dated
      February 1, 1982, pertaining to the Naval nuclear propulsion
      program.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4813, formerly Pub. L.
    102-190, div. C, title XXXI, Sec. 3136, Dec. 5, 1991, 105 Stat.
    1577; Pub. L. 103-35, title II, Sec. 203(b)(3), May 31, 1993, 107
    Stat. 102; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec.
    4813, by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(8), Nov.
    24, 2003, 117 Stat. 1785.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 6683 of title 42, referred to in subsec. (b)(1)(C)(i)(I),
    was omitted from the Code.
      Section 2506 of title 10, referred to in subsec.
    (b)(1)(C)(ii)(I), was amended generally by Pub. L. 104-201, div. A,
    title VIII, Sec. 829(d), Sept. 23, 1996, 110 Stat. 2613, and, as so
    amended, no longer relates to submission of a plan to Congress.
      Executive Order No. 12344, dated February 1, 1982, referred to in
    subsec. (b)(4), is set out as a note under section 2511 of this
    title.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 2123 of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (b)(1)(C)(ii)(I). Pub. L. 103-35 substituted
    "section 2506 of title 10" for "section 2522 of title 10".

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    50 USC Sec. 2795                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part B - Research and Development

-HEAD-
    Sec. 2795. University-based research collaboration program

-STATUTE-
    (a) Findings
      Congress makes the following findings:
        (1) The maintenance of scientific and engineering competence in
      the United States is vital to long-term national security and the
      defense and national security missions of the Department of
      Energy.
        (2) Engaging the universities and colleges of the Nation in
      research on long-range problems of vital national security
      interest will be critical to solving the technology challenges
      faced within the defense and national security programs of the
      Department of Energy in the next century.
        (3) Enhancing collaboration among the national laboratories,
      universities and colleges, and industry will contribute
      significantly to the performance of these Department of Energy
      missions.
    (b) Program
      The Secretary of Energy shall establish a university program at a
    location that can develop the most effective collaboration among
    national laboratories, universities and colleges, and industry in
    support of scientific and engineering advancement in key Department
    of Energy defense and national security program areas.
    (c) Funding
      Of the funds authorized to be appropriated in title XXXI of the
    National Defense Authorization Act for Fiscal Year 1998 (Public Law
    105-85) to the Department of Energy for fiscal year 1998, the
    Secretary shall make $5,000,000 available for the establishment and
    operation of the program under subsection (b).

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4814, formerly Pub. L.
    105-85, div. C, title XXXI, Sec. 3155, Nov. 18, 1997, 111 Stat.
    2044; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec. 4814,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(9),
    Nov. 24, 2003, 117 Stat. 1785.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title XXXI of the National Defense Authorization Act for Fiscal
    Year 1998, referred to in subsec. (c), is title XXXI of div. C of
    Pub. L. 105-85, Nov. 18, 1997, 111 Stat. 2023, as amended. For
    complete classification of title XXXI to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7381 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c). Pub. L. 108-136, Sec. 3141(k)(9)(D),
    substituted "title XXXI of the National Defense Authorization Act
    for Fiscal Year 1998 (Public Law 105-85)" for "this title".

-End-

-CITE-
    50 USC Part C - Facilities Management                       01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part C - Facilities Management

-HEAD-
                      PART C - FACILITIES MANAGEMENT                  

-End-

-CITE-
    50 USC Sec. 2811                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part C - Facilities Management

-HEAD-
    Sec. 2811. Transfers of real property at certain Department of
      Energy facilities

-STATUTE-
    (a) Transfer regulations
      (1) The Secretary of Energy shall prescribe regulations for the
    transfer by sale or lease of real property at Department of Energy
    defense nuclear facilities for the purpose of permitting the
    economic development of the property.
      (2) The Secretary of Energy may not transfer real property under
    the regulations prescribed under paragraph (1) until - 
        (A) the Secretary submits a notification of the proposed
      transfer to the congressional defense committees; and
        (B) a period of 30 days has elapsed following the date on which
      the notification is submitted.
    (b) Indemnification
      (1) Except as provided in paragraph (3) and subject to subsection
    (c), in the sale or lease of real property pursuant to the
    regulations prescribed under subsection (a), the Secretary of
    Energy may hold harmless and indemnify a person or entity described
    in paragraph (2) against any claim for injury to person or property
    that results from the release or threatened release of a hazardous
    substance or pollutant or contaminant as a result of Department of
    Energy activities at the defense nuclear facility on which the real
    property is located. Before entering into any agreement for such a
    sale or lease, the Secretary shall notify the person or entity that
    the Secretary has authority to provide indemnification to the
    person or entity under this subsection. The Secretary shall include
    in any agreement for such a sale or lease a provision stating
    whether indemnification is or is not provided.
      (2) Paragraph (1) applies to the following persons and entities:
        (A) Any State that acquires ownership or control of real
      property of a defense nuclear facility.
        (B) Any political subdivision of a State that acquires such
      ownership or control.
        (C) Any other person or entity that acquires such ownership or
      control.
        (D) Any successor, assignee, transferee, lender, or lessee of a
      person or entity described in subparagraphs (A) through (C).

      (3) To the extent the persons and entities described in paragraph
    (2) contributed to any such release or threatened release,
    paragraph (1) shall not apply.
    (c) Conditions
      (1) No indemnification on a claim for injury may be provided
    under this section unless the person or entity making a request for
    the indemnification - 
        (A) notifies the Secretary of Energy in writing within two
      years after such claim accrues;
        (B) furnishes to the Secretary copies of pertinent papers
      received by the person or entity;
        (C) furnishes evidence or proof of the claim;
        (D) provides, upon request by the Secretary, access to the
      records and personnel of the person or entity for purposes of
      defending or settling the claim; and
        (E) begins action within six months after the date of mailing,
      by certified or registered mail, of notice of final denial of the
      claim by the Secretary.

      (2) For purposes of paragraph (1)(A), the date on which a claim
    accrues is the date on which the person asserting the claim knew
    (or reasonably should have known) that the injury to person or
    property referred to in subsection (b)(1) was caused or contributed
    to by the release or threatened release of a hazardous substance,
    pollutant, or contaminant as a result of Department of Energy
    activities at the defense nuclear facility on which the real
    property is located.
    (d) Authority of Secretary of Energy
      (1) In any case in which the Secretary of Energy determines that
    the Secretary may be required to indemnify a person or entity under
    this section for any claim for injury to person or property
    referred to in subsection (b)(1), the Secretary may settle or
    defend the claim on behalf of that person or entity.
      (2) In any case described in paragraph (1), if the person or
    entity that the Secretary may be required to indemnify does not
    allow the Secretary to settle or defend the claim, the person or
    entity may not be indemnified with respect to that claim under this
    section.
    (e) Relationship to other law
      Nothing in this section shall be construed as affecting or
    modifying in any way section 9620(h) of title 42.
    (f) Definitions
      In this section:
        (1) The term "defense nuclear facility" has the meaning
      provided by the term "Department of Energy defense nuclear
      facility" in section 2286g of title 42.
        (2) The terms "hazardous substance", "release", and "pollutant
      or contaminant" have the meanings provided by section 9601 of
      title 42.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4831, formerly Pub. L.
    105-85, div. C, title XXXI, Sec. 3158, Nov. 18, 1997, 111 Stat.
    2046; Pub. L. 108-7, div. D, title V, Sec. 506, Feb. 20, 2003, 117
    Stat. 158; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec.
    4831, by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(11),
    Nov. 24, 2003, 117 Stat. 1785; Pub. L. 108-137, title V, Sec.
    504(a), Dec. 1, 2003, 117 Stat. 1868.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 7274q of Title 42, The
    Public Health and Welfare, prior to renumbering by Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(2)(D). Pub. L. 108-137, Sec. 504(a), which
    directed that subsec. (b)(2) of section 3158 of the National
    Defense Authorization Act for Fiscal Year 1998 (42 U.S.C.
    7274q(b)(2)) be amended by adding a subpar. (D), was executed to
    that section as renumbered by Pub. L. 108-136 to reflect the
    probable intent of Congress. See Amendment note below and Effective
    Date of 2003 Amendment note below.
      Pub. L. 108-7, which directed the amendment of "Title 42 U.S.C.
    7274g" by adding subpar. (D) to subsec. (b)(2), was probably
    intended to amend section 3158 of Pub. L. 105-85, which was
    formerly classified to section 7274q of title 42 prior to
    renumbering and transfer to this section by Pub. L. 108-136.
    However, the amendment was not executed in view of the enactment of
    section 504 of Pub. L. 108-137 which added a substantially
    identical subpar. (D). See Amendment note above and Effective Date
    of 2003 Amendment note below.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-137, title V, Sec. 504(b), Dec. 1, 2003, 117 Stat.
    1868, provided that: "The amendment made by section 506 [probably
    means section 506 of Pub. L. 108-7, see 2003 Amendment note above],
    as amended by this section [section 504 of Pub. L. 108-137 did not
    amend section 506 of Pub. L. 108-7, see 2003 Amendment note above],
    is effective as of the date of enactment of the National Defense
    Authorization Act for Fiscal Year 1998 [Nov. 18, 1997]."

-End-

-CITE-
    50 USC Sec. 2812                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part C - Facilities Management

-HEAD-
    Sec. 2812. Engineering and manufacturing research, development, and
      demonstration by plant managers of certain nuclear weapons
      production plants

-STATUTE-
    (a) Authority for programs at nuclear weapons productions
      facilities
      The Administrator for Nuclear Security shall authorize the head
    of each nuclear weapons production facility to establish an
    Engineering and Manufacturing Research, Development, and
    Demonstration Program under this section.
    (b) Projects and activities
      The projects and activities carried out through the program at a
    nuclear weapons production facility under this section shall
    support innovative or high-risk design and manufacturing concepts
    and technologies with potentially high payoff for the nuclear
    weapons complex. Those projects and activities may include - 
        (1) replacement of obsolete or aging design and manufacturing
      technologies;
        (2) development of innovative agile manufacturing techniques
      and processes; and
        (3) training, recruitment, or retention of essential personnel
      in critical engineering and manufacturing disciplines.
    (c) Funding
      The Administrator may authorize the head of each nuclear weapons
    production facility to obligate up to $3,000,000 of funds within
    the Advanced Design and Production Technologies Campaign available
    for such facility during fiscal year 2001 to carry out projects and
    activities of the program under this section at that facility.
    (d) Report
      The Administrator for Nuclear Security shall submit to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives, not later than
    September 15, 2001, a report describing, for each nuclear weapons
    production facility, each project or activity for which funds were
    obligated under the program, the criteria used in the selection of
    each such project or activity, the potential benefits of each such
    project or activity, and the Administrator's recommendation
    concerning whether the program should be continued.
    (e) Definition
      For purposes of this section, the term "nuclear weapons
    production facility" has the meaning given that term in section
    2471(2) of this title.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4832, formerly Pub. L.
    106-398, Sec. 1 [div. C, title XXXI, Sec. 3156], Oct. 30, 2000, 114
    Stat. 1654, 1654A-467; renumbered Pub. L. 107-314, div. D, title
    XLVIII, Sec. 4832, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(k)(12), Nov. 24, 2003, 117 Stat. 1785.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7274r of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
             ACTIVITIES AT COVERED NUCLEAR WEAPONS FACILITIES         
      Pub. L. 108-447, div. C, title III, Sec. 308, Dec. 8, 2004, 118
    Stat. 2959, provided that: "The Administrator of the National
    Nuclear Security Administration may authorize the manager of a
    covered nuclear weapons research, development, testing or
    production facility to engage in research, development, and
    demonstration activities with respect to the engineering and
    manufacturing capabilities at such facility in order to maintain
    and enhance such capabilities at such facility: Provided, That of
    the amount allocated to a covered nuclear weapons facility each
    fiscal year from amounts available to the Department of Energy for
    such fiscal year for national security programs, not more than an
    amount equal to 2 percent of such amount may be used for these
    activities: Provided further, That for purposes of this section,
    the term 'covered nuclear weapons facility' means the following:
        "(1) The Kansas City Plant, Kansas City, Missouri.
        "(2) The Y-12 Plant, Oak Ridge, Tennessee.
        "(3) The Pantex Plant, Amarillo, Texas.
        "(4) The Savannah River Plant, South Carolina.
        "(5) The Nevada Test Site."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-137, title III, Sec. 308, Dec. 1, 2003, 117 Stat.
    1861.
      Pub. L. 108-7, div. D, title III, Sec. 308, Feb. 20, 2003, 117
    Stat. 154.
      Pub. L. 107-66, title III, Sec. 309, Nov. 12, 2001, 115 Stat.
    509.
      Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec. 310], Oct. 27,
    2000, 114 Stat. 1441, 1441A-80.

-End-

-CITE-
    50 USC Sec. 2813                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part C - Facilities Management

-HEAD-
    Sec. 2813. Pilot program relating to use of proceeds of disposal or
      utilization of certain Department of Energy assets

-STATUTE-
    (a) Purpose
      The purpose of this section is to encourage the Secretary of
    Energy to dispose of or otherwise utilize certain assets of the
    Department of Energy by making available to the Secretary the
    proceeds of such disposal or utilization for purposes of defraying
    the costs of such disposal or utilization.
    (b) Use of proceeds to defray costs
      (1) Notwithstanding section 3302 of title 31, the Secretary may
    retain from the proceeds of the sale, lease, or disposal of an
    asset under subsection (c) an amount equal to the cost of the sale,
    lease, or disposal of the asset. The Secretary shall utilize
    amounts retained under this paragraph to defray the cost of the
    sale, lease, or disposal.
      (2) For purposes of paragraph (1), the cost of a sale, lease, or
    disposal shall include - 
        (A) the cost of administering the sale, lease, or disposal;
        (B) the cost of recovering or preparing the asset concerned for
      the sale, lease, or disposal; and
        (C) any other cost associated with the sale, lease, or
      disposal.
    (c) Covered transactions
      Subsection (b) applies to the following transactions:
        (1) The sale of heavy water at the Savannah River Site, South
      Carolina, that is under the jurisdiction of the Defense
      Environmental Management Program.
        (2) The sale of precious metals that are under the jurisdiction
      of the Defense Environmental Management Program.
        (3) The lease of buildings and other facilities located at the
      Hanford Reservation, Washington, that are under the jurisdiction
      of the Defense Environmental Management Program.
        (4) The lease of buildings and other facilities located at the
      Savannah River Site that are under the jurisdiction of the
      Defense Environmental Management Program.
        (5) The disposal of equipment and other personal property
      located at the Rocky Flats Defense Environmental Technology Site,
      Colorado, that is under the jurisdiction of the Defense
      Environmental Management Program.
        (6) The disposal of materials at the National Electronics
      Recycling Center, Oak Ridge, Tennessee that are under the
      jurisdiction of the Defense Environmental Management Program.
    (d) Applicability of disposal authority
      Nothing in this section shall be construed to limit the
    application of subchapter II of chapter 5 and section 549 of title
    40 to the disposal of equipment and other personal property covered
    by this section.
    (e) Report
      Not later than January 31, 1999, the Secretary shall submit to
    the congressional defense committees a report on amounts retained
    by the Secretary under subsection (b) during fiscal year 1998.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4833, formerly Pub. L.
    105-85, div. C, title XXXI, Sec. 3138, Nov. 18, 1997, 111 Stat.
    2039; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec. 4833,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(13),
    Nov. 24, 2003, 117 Stat. 1786.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7256 of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d). Pub. L. 108-136, Sec. 3141(k)(13)(D),
    substituted "subchapter II of chapter 5 and section 549 of title
    40" for "sections 202 and 203(j) of the Federal Property and
    Administrative Services Act of 1949 (40 U.S.C. 483 and 484(j))".

-End-

-CITE-
    50 USC Part D - Other Matters                               01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part D - Other Matters

-HEAD-
                          PART D - OTHER MATTERS                      

-End-

-CITE-
    50 USC Sec. 2821                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part D - Other Matters

-HEAD-
    Sec. 2821. Semiannual reports on local impact assistance

-STATUTE-
      The Secretary of Energy shall submit to Congress every six months
    a report setting forth a description of, and the amount or value
    of, all local impact assistance provided during the preceding six
    months under section 2704(c)(6) of this title.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4851, formerly Pub. L.
    105-85, div. C, title XXXI, Sec. 3153(f), Nov. 18, 1997, 111 Stat.
    2044; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec. 4851,
    and amended Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(15),
    Nov. 24, 2003, 117 Stat. 1786.)

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 7274h of
    Title 42, The Public Health and Welfare, prior to renumbering by
    Pub. L. 108-136.

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, Sec. 3141(k)(15)(C)(iii), substituted
    "section 2704(c)(6) of this title" for "section 3161(c)(6) of the
    National Defense Authorization Act of 1993 (42 U.S.C.
    7274h(c)(6))".
      Pub. L. 108-136, Sec. 3141(k)(15)(C)(i), (ii), inserted section
    catchline and directed striking subsec. heading "Semiannual reports
    to Congress of local impact assistance" which was executed by
    striking "Semiannual report to Congress of local impact
    assistance", to reflect the probable intent of Congress.

-End-

-CITE-
    50 USC Sec. 2822                                            01/02/2006

-EXPCITE-
    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 42 - ATOMIC ENERGY DEFENSE PROVISIONS
    SUBCHAPTER VIII - ADMINISTRATIVE MATTERS
    Part D - Other Matters

-HEAD-
    Sec. 2822. Payment of costs of operation and maintenance of
      infrastructure at Nevada Test Site

-STATUTE-
      Notwithstanding any other provision of law and effective as of
    September 30, 1996, the costs associated with operating and
    maintaining the infrastructure at the Nevada Test Site, Nevada,
    with respect to any activities initiated at the site after that
    date by the Department of Defense pursuant to a work-for-others
    agreement may be paid for from funds authorized to be appropriated
    to the Department of Energy for activities at the Nevada Test Site.

-SOURCE-
    (Pub. L. 107-314, div. D, title XLVIII, Sec. 4852, formerly Pub. L.
    104-201, div. C, title XXXI, Sec. 3144, Sept. 23, 1996, 110 Stat.
    2838; renumbered Pub. L. 107-314, div. D, title XLVIII, Sec. 4852,
    by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(16), Nov. 24,
    2003, 117 Stat. 1786.)

-End-