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50 U.S.C. § 2741 (WAR AND NATIONAL DEFENSE)
§ 2741. Definitions
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 “minor construction threshold” means $10,000,000.
(Pub. L. 107–314, div. D, title XLVII, § 4701, formerly div. C, title XXXVI, § 3620, Dec. 2, 2002, 116 Stat. 2756; renumbered div. D, title XLVII, § 4701, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781; Pub. L. 111–84, div. C, title XXXI, § 3118(a), (b), Oct. 28, 2009, 123 Stat. 2709; Pub. L. 111–383, div. C, title XXXI, § 3121(a), Jan. 7, 2011, 124 Stat. 4514; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(I), Dec. 26, 2013, 127 Stat. 1073.)
heading: Codification
text: Section was formerly classified to section 7386 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Pars. (2), (3). Pub. L. 113–66 redesignated par. (3) as (2) and struck out former par. (2) which defined “congressional defense committees”.
2011—Par. (3). Pub. L. 111–383 substituted “$10,000,000” for “$5,000,000”.
2009—Par. (3). Pub. L. 111–84, § 3118(b), substituted “$5,000,000” for “$10,000,000”.
Pub. L. 111–84, § 3118(a), substituted “$10,000,000” for “$5,000,000”.
heading: Effective Date of 2009 Amendment
text: Pub. L. 111–84, div. C, title XXXI, § 3118(b), Oct. 28, 2009, 123 Stat. 2709, provided that the amendment made by section 3118(b) is effective Sept. 30, 2010.
50 U.S.C. § 2742 (WAR AND NATIONAL DEFENSE)
§ 2742. Reprogramming
(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 this subsection 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.
(Pub. L. 107–314, div. D, title XLVII, § 4702, formerly div. C, title XXXVI, § 3621, Dec. 2, 2002, 116 Stat. 2757; renumbered div. D, title XLVII, § 4702, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(D)(i), Nov. 24, 2003, 117 Stat. 1781; Pub. L. 113–66, div. C, title XXXI, § 3146(h)(1), Dec. 26, 2013, 127 Stat. 1080.)
heading: Codification
text: Section was formerly classified to section 7386a of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Subsec. (c). Pub. L. 113–66 substituted “this subsection” for “subsection (a)”.
2003—Subsec. (a). Pub. L. 108–136, § 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.
50 U.S.C. § 2746 (WAR AND NATIONAL DEFENSE)
§ 2746. Conceptual and construction design
(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 $1,000,000.
(2) Limitation on availability of funds for certain projects
If the total estimated cost for construction design in connection with any construction project exceeds $1,000,000, funds for that design must be specifically authorized by law.
(Pub. L. 107–314, div. D, title XLVII, § 4706, formerly div. C, title XXXVI, § 3625, Dec. 2, 2002, 116 Stat. 2759; renumbered div. D, title XLVII, § 4706, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), (D)(ii), Nov. 24, 2003, 117 Stat. 1781; Pub. L. 113–66, div. C, title XXXI, § 3120, Dec. 26, 2013, 127 Stat. 1059.)
heading: Codification
text: Section was formerly classified to section 7386e of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Subsec. (b). Pub. L. 113–66 substituted “$1,000,000” for “$600,000” in two places.
2003—Subsec. (a)(3)(B). Pub. L. 108–136, § 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.
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, 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; Pub. L. 113–66, div. C, title XXXI, § 3146(h)(3), Dec. 26, 2013, 127 Stat. 1081.)
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: 2013—Subsec. (d). Pub. L. 113–66 struck out “for Nuclear Security” after “Administrator”.
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. § 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) 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; Pub. L. 113–66, div. C, title XXXI, § 3146(h)(5), Dec. 26, 2013, 127 Stat. 1081.)
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: 2013—Subsec. (b)(2). Pub. L. 113–66 substituted “Congress” for “the Congress”.
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; 94 Stat. 3197) 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 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; Pub. L. 113–66, div. C, title XXXI, § 3146(h)(6), Dec. 26, 2013, 127 Stat. 1081.)
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: 2013—Pub. L. 113–66 inserted “; 94 Stat. 3197” after “Public Law 96–540” and substituted “Congress” for “the Congress”.
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. § 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) 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; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(J), Dec. 26, 2013, 127 Stat. 1073.)
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), (c). Pub. L. 113–66 redesignated subsec. (c) as (b) and struck out former subsec. (b) which defined “Department of Energy defense nuclear facility”.
Pub. L. 112–239, § 3131(v), redesignated subsec. (c) as (b) and struck out former subsec. (b), which related to a report on Rocky Flats bonuses. Subsec. (d) redesignated (c).
Subsec. (d). Pub. L. 112–239, § 3131(v)(3), redesignated subsec. (d) as (c).
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. § 2793 (WAR AND NATIONAL DEFENSE)
§ 2793. Report on use of funds for certain research and development purposes
(a) Report required
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.
(b) Preparation of report
Each report shall be prepared by the officials responsible for Federal oversight of the funds expended on activities under the program.
(c) Criteria used in preparation of report
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.
(Pub. L. 107–314, div. D, title XLVIII, § 4812A, formerly Pub. L. 104–201, div. C, title XXXI, § 3136, Sept. 23, 1996, 110 Stat. 2830; Pub. L. 107–314, div. D, title XLVIII, § 4812(c), formerly Pub. L. 105–85, div. C, title XXXI, § 3137(c), Nov. 18, 1997, 111 Stat. 2039, renumbered Pub. L. 107–314, div. D, title XLVIII, § 4812(c), by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(7)(A)(i)–(iii), Nov. 24, 2003, 117 Stat. 1784; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4812A, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(7)(B), Nov. 24, 2003, 117 Stat. 1784; Pub. L. 113–66, div. C, title XXXI, § 3146(i)(4)(A), Dec. 26, 2013, 127 Stat. 1082.)
heading: Codification
text: Section was formerly classified to section 7257b of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2013—Pub. L. 113–66 substituted “Report” for “Limitation” in section catchline, struck out subsec. (b) heading “Annual report”, redesignated pars. (1) to (3) of subsec. (b) as subsecs. (a) to (c), respectively, inserted subsec. headings, and struck out former subsec. (a), which related to limitation on use of certain funds.
2003—Subsec. (a). Pub. L. 108–136, § 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, § 4812(c), formerly Pub. L. 105–85, § 3137(c), substituted “Not later than February 1 each year, the Secretary of Energy shall submit” for “The Secretary of Energy shall annually submit”.
(Title 50 Appendix)
§ 6a. Incurment of expenses by Office of Alien Property Custodian
After June 30, 1945, the Office of Alien Property Custodian shall not incur any obligations for the expenses of said Office except pursuant to a further annual authorization by the Congress specifically therefor.
(Dec. 22, 1944, ch. 660, title I, 58 Stat. 855.)
heading: Codification
text: Section was not enacted as part of the Trading with the enemy Act which comprises sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix.
heading: Transfer of Functions
text: Functions of Alien Property Custodian and Office of Alien Property Custodian, except those relating to property or interest in Philippines, vested in Attorney General. See notes set out under section 6 of this Appendix.
heading: World War II Alien Property Custodian
text: Reestablishment and termination of Office of Alien Property Custodian during World War II, see notes set out under section 6 of this Appendix.
heading: Report to Congress on Expenses
text: Act Dec. 22, 1944, ch. 660, title I, 58 Stat. 855, provided in part that on or before Apr. 1, 1945, the Alien Property Custodian make a report to the Appropriations Committees of the House and Senate giving detailed information on all administrative and nonadministrative expenses incurred in connection with the activities of the Office of Alien Property Custodian.
(Title 50 Appendix)
§ 6b. Omitted
heading: Codification
text: Section, Pub. L. 90–470, title II, Aug. 9, 1968, 82 Stat. 673, which authorized Attorney General to pay, out of certain funds or other property or interest, expenses incurred in carrying out Trading With the Enemy Act and International Claims Settlement Act, was from the Department of Justice Appropriation Act, 1969, and was not repeated in subsequent appropriation acts. Similar provisions were carried in the following prior appropriation acts:
Nov. 8, 1967, Pub. L. 90–133, title II, 81 Stat. 416.
Nov. 8, 1966, Pub. L. 89–797, title II, 80 Stat. 1484.
Sept. 2, 1965, Pub. L. 89–164, title II, 79 Stat. 625.
Aug. 31, 1964, Pub. L. 88–527, title II, 78 Stat. 716.
Dec. 30, 1963, Pub. L. 88–245, title II, 77 Stat. 781.
Oct. 18, 1962, Pub. L. 87–843, title II, 76 Stat. 1085.
Sept. 21, 1961, Pub. L. 87–264, title II, 75 Stat. 550.
Aug. 31, 1960, Pub. L. 86–678, title II, 74 Stat. 564.
July 13, 1959, Pub. L. 86–84, title II, 73 Stat. 189.
June 30, 1958, Pub. L. 85–474, title II, 72 Stat. 252.
June 11, 1957, Pub. L. 85–49, title II, 71 Stat. 63.
June 20, 1956, ch. 414, title II, 70 Stat. 308.
July 7, 1955, ch. 279, title II, 69 Stat. 273.
July 2, 1954, ch. 456, title II, 68 Stat. 421.
Aug. 5, 1953, ch. 328, title II, 67 Stat. 375.
July 10, 1952, ch. 651, title II, 66 Stat. 559.
Oct. 22, 1951, ch. 533, title II, 65 Stat. 585.
Sept. 6, 1950, ch. 896, Ch. III, title II, 64 Stat. 619.
July 20, 1949, ch. 354, title II, 63 Stat. 461.
(Title 50 Appendix)
§ 11. Importations prohibited
Whenever during the present war the President shall find that the public safety so requires and shall make proclamation thereof it shall be unlawful to import into the United States from any country named in such proclamation any article or articles mentioned in such proclamation except at such time or times, and under such regulations or orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress: Provided, however, That no preference shall be given to the ports of one State over those of another.
(Oct. 6, 1917, ch. 106, § 11, 40 Stat. 422.)
heading: Extension of Import Limitations
text: Joint Res. Nov. 19, 1919, ch. 121, 41 Stat. 361, continued provisions of section 1 et seq. of this Appendix and proclamations limiting imports to Jan. 15, 1920.
heading: President’s Proclamations
text: Proclamation of Nov. 28, 1917, 40 Stat. 1722, forbade importation of various articles except under license granted by War Trade Board.
Proclamation of Feb. 14, 1918, 40 Stat. 1748, added other articles to list of articles upon which import limitations were placed.