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50 U.S.C. § 2749 (WAR AND NATIONAL DEFENSE)
§ 2749. Availability of funds
(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.
(Pub. L. 107–314, div. D, title XLVII, § 4709, formerly div. C, title XXXVI, § 3628, Dec. 2, 2002, 116 Stat. 2760; renumbered div. D, title XLVII, § 4709, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781.)
heading: Codification
text: Section was formerly classified to section 7386h of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
50 U.S.C. § 2750 (WAR AND NATIONAL DEFENSE)
§ 2750. Transfer of defense environmental management funds
(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.
(Pub. L. 107–314, div. D, title XLVII, § 4710, formerly div. C, title XXXVI, § 3629, Dec. 2, 2002, 116 Stat. 2760; renumbered div. D, title XLVII, § 4710, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), (D)(iv), Nov. 24, 2003, 117 Stat. 1781.)
heading: Codification
text: Section was formerly classified to section 7386i of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2003—Subsec. (c). Pub. L. 108–136, § 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.
50 U.S.C. § 2751 (WAR AND NATIONAL DEFENSE)
§ 2751. Transfer of weapons activities funds
(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.
(Pub. L. 107–314, div. D, title XLVII, § 4711, formerly div. C, title XXXVI, § 3630, Dec. 2, 2002, 116 Stat. 2761; renumbered div. D, title XLVII, § 4711, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), (D)(v), Nov. 24, 2003, 117 Stat. 1781.)
heading: Codification
text: Section was formerly classified to section 7386j of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2003—Subsec. (c). Pub. L. 108–136, § 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.
50 U.S.C. § 2752 (WAR AND NATIONAL DEFENSE)
§ 2752. Funds available for all national security programs of the Department of Energy
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.
(Pub. L. 107–314, div. D, title XLVII, § 4712, formerly div. C, title XXXVI, § 3631, Dec. 2, 2002, 116 Stat. 2762; renumbered div. D, title XLVII, § 4712, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), (D)(vi), Nov. 24, 2003, 117 Stat. 1781.)
heading: Codification
text: Section was formerly classified to section 7386k of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2003—Pub. L. 108–136, § 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.
50 U.S.C. § 2761 (WAR AND NATIONAL DEFENSE)
§ 2761. Restriction on use of funds to pay penalties under environmental laws
(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.
(Pub. L. 107–314, div. D, title XLVII, § 4721, formerly Pub. L. 99–661, div. C, title I, § 3132, Nov. 14, 1986, 100 Stat. 4063; renumbered Pub. L. 107–314, div. D, title XLVII, § 4721, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(4), Nov. 24, 2003, 117 Stat. 1781.)
heading: Codification
text: Section was formerly classified to section 7273a of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2003—Pub. L. 108–136, § 3141(j)(4)(D), made technical amendment to section catchline.
50 U.S.C. § 2762 (WAR AND NATIONAL DEFENSE)
§ 2762. Restriction on use of funds to pay penalties under Clean Air Act
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.
(Pub. L. 107–314, div. D, title XLVII, § 4722, formerly Pub. L. 96–540, title II, § 211, Dec. 17, 1980, 94 Stat. 3203; renumbered Pub. L. 107–314, div. D, title XLVII, § 4722, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(5), Nov. 24, 2003, 117 Stat. 1781.)
heading: References in Text
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 (§ 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.
heading: Codification
text: Section was formerly classified to section 7273 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following appropriations act:
Pub. L. 96–164, title II, § 211, Dec. 29, 1979, 93 Stat. 1264.
heading: Amendments
text: 2003—Pub. L. 108–136, § 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.
50 U.S.C. § 2771 (WAR AND NATIONAL DEFENSE)
§ 2771. Repealed. Pub. L. 112–239, div. C, title XXXI, § 3131(u)(1), Jan. 2, 2013, 126 Stat. 2184
text: Section, Pub. L. 107–314, div. D, title XLVII, § 4731, formerly Pub. L. 95–509, title II, § 208, Oct. 24, 1978, 92 Stat. 1779; renumbered Pub. L. 107–314, div. D, title XLVII, § 4731, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(7), Nov. 24, 2003, 117 Stat. 1782, provided that the Secretary was to submit to the Congress for fiscal year 1980, and for each subsequent fiscal year, a single request for authorization of appropriations for common defense and security programs.
50 U.S.C. § 2772 (WAR AND NATIONAL DEFENSE)
§ 2772. Quarterly reports on financial balances for atomic energy defense activities
(a) Reports required
Not later than 15 days after the end of each fiscal year quarter, the Secretary of Energy shall submit to the congressional defense committees a report on the financial balances for each atomic energy defense program at the budget control levels used in the report accompanying the most current Act appropriating funds for energy and water development.
(b) Elements
Each report under subsection (a) shall set forth, for each program covered by such report, the following as of the end of the fiscal year quarter covered by such report:
(1) The total amount authorized to be appropriated, including amounts authorized to be appropriated in the current fiscal year and amounts authorized to be appropriated for prior fiscal years.
(2) The amount unobligated.
(3) The amount unobligated but committed.
(4) The amount obligated but uncosted.
(c) Presentation
Each report under subsection (a) shall present information as follows:
(1) For each program, in summary form and by fiscal year.
(2) With financial balances in connection with funding under recurring DOE national security authorizations (as that term is defined in section 2741(1)) of this title presented separately from balances in connection with funding under any other provisions of law.
(Pub. L. 107–314, div. D, title XLVII, § 4732, as added Pub. L. 112–239, div. C, title XXXI, § 3143(a), Jan. 2, 2013, 126 Stat. 2196.)
50 U.S.C. § 2782 (WAR AND NATIONAL DEFENSE)
§ 2782. Prohibition and report on bonuses to contractors operating defense nuclear facilities
(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) “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.
(c) Regulations
The Secretary of Energy shall promulgate regulations to implement subsection (a) not later than March 1, 1990.
(Pub. L. 107–314, div. D, title XLVIII, § 4802, formerly Pub. L. 101–189, div. C, title XXXI, § 3151, Nov. 29, 1989, 103 Stat. 1682; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4802, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(3), Nov. 24, 2003, 117 Stat. 1783; Pub. L. 112–239, div. C, title XXXI, § 3131(v), Jan. 2, 2013, 126 Stat. 2184.)
heading: Codification
text: Section was formerly classified to section 7256b of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Subsecs. (b) to (d). Pub. L. 112–239 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b), which related to a report on Rocky Flats bonuses.
2003—Pub. L. 108–136, § 3141(k)(3)(D)(i), made technical amendment to section catchline.
Subsec. (a). Pub. L. 108–136, § 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, § 3141(k)(3)(D)(iii), substituted “May 29, 1990,” for “6 months after November 29, 1989,”.
Subsec. (d). Pub. L. 108–136, § 3141(k)(3)(D)(iv), substituted “March 1, 1990” for “90 days after November 29, 1989”.
50 U.S.C. § 2784 (WAR AND NATIONAL DEFENSE)
§ 2784. Notice-and-wait requirement applicable to certain third-party financing arrangements
(a) Notice-and-wait requirement
The Secretary of Energy may not enter into an arrangement described in subsection (b) until 30 days after the date on which the Secretary notifies the congressional defense committees in writing of the proposed arrangement.
(b) Covered arrangements
(1) In general
Except as provided in paragraph (2), an arrangement referred to in subsection (a) is any alternative financing arrangement, third-party financing arrangement, public-private partnership, privatization arrangement, private capital arrangement, or other financing arrangement that—
(A) is entered into in connection with a project conducted using funds authorized to be appropriated to the Department of Energy to carry out programs necessary for national security; and
(B) involves a contractor or Federal agency obtaining and charging to the Department of Energy as an allowable cost under a contract the use of office space, facilities, or other real property assets with a value of at least $5,000,000.
(2) Exception
An arrangement referred to in subsection (a) does not include an arrangement that—
(A) involves the Department of Energy or a contractor acquiring or entering into a capital lease for office space, facilities, or other real property assets; or
(B) is entered into in connection with a capital improvement project undertaken as part of an energy savings performance contract under section 8287 of title 42.
(Pub. L. 107–314, div. D, title XLVIII, § 4804, as added Pub. L. 109–364, div. C, title XXXI, § 3118, Oct. 17, 2006, 120 Stat. 2509.)
50 U.S.C. § 2785 (WAR AND NATIONAL DEFENSE)
§ 2785. Publication of contractor performance evaluations leading to award fees
(a) In general
The Administrator shall take appropriate actions to make available to the public, to the maximum extent practicable, contractor performance evaluations conducted by the Administration of management and operating contractors of the nuclear security enterprise that results in the award of an award fee to the contractor concerned.
(b) Format
Performance evaluations shall be made public under this section in a common format that facilitates comparisons of performance evaluations between and among similar management and operating contracts.
(Pub. L. 107–314, div. D, title XLVIII, § 4805, as added Pub. L. 112–239, div. C, title XXXI, § 3117(a)(1), Jan. 2, 2013, 126 Stat. 2173.)
heading: Effective Date
text: Pub. L. 112–239, div. C, title XXXI, § 3117(b), Jan. 2, 2013, 126 Stat. 2173, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on the date of the enactment of this Act [Jan. 2, 2013], and shall apply with respect to contractor performance evaluations conducted by the National Nuclear Security Administration on or after that date.”
50 U.S.C. § 2791 (WAR AND NATIONAL DEFENSE)
§ 2791. Laboratory-directed research and development programs
(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.
(Pub. L. 107–314, div. D, title XLVIII, § 4811, formerly Pub. L. 101–510, div. C, title XXXI, § 3132, Nov. 5, 1990, 104 Stat. 1832; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4811, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(6), Nov. 24, 2003, 117 Stat. 1784.)
heading: Codification
text: Section was formerly classified to section 7257a of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2003—Pub. L. 108–136, § 3141(k)(6)(D), made technical amendment to section catchline.
50 U.S.C. § 2791a (WAR AND NATIONAL DEFENSE)
§ 2791a. Laboratory-directed research and development
Of the funds made available by the Department of Energy for activities at government-owned, contractor-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 4 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.
(Pub. L. 111–8, div. C, title III, § 308, Mar. 11, 2009, 123 Stat. 626.)
heading: References in Text
text: This Act, referred to in text, is div. C of Pub. L. 111–8, Mar. 11, 2009, 123 Stat. 601, known as the Energy and Water Development and Related Agencies Appropriations Act, 2009. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Atomic Energy Defense Act which comprises this chapter.
heading: Similar Provisions
text: Provisions similar to those in this section were contained in the following appropriation acts:
Pub. L. 111–85, title III, § 307, Oct. 28, 2009, 123 Stat. 2872.
Pub. L. 110–161, div. C, title III, § 309, Dec. 26, 2007, 121 Stat. 1968.
Pub. L. 109–103, title III, § 311, Nov. 19, 2005, 119 Stat. 2280.