50 U.S.C. § 2441a (WAR AND NATIONAL DEFENSE)
§ 2441a. Authorized personnel levels of the Office of the Administrator
(a) Full-time equivalent personnel levels
(1) Total number
The total number of employees of the Office of the Administrator may not exceed 1,890.
(2) Excess
For fiscal year 2020 and each fiscal year thereafter, the Administrator may not exceed the total number of employees authorized under paragraph (1) unless, during each fiscal year in which such total number exceeds 1,890, the Administrator submits to the congressional defense committees a report justifying such excess.
(b) Counting rule
(1) A determination of the number of employees in the Office of the Administrator under subsection (a) shall be expressed on a full-time equivalent basis.
(2) Except as provided by paragraph (3), in determining the total number of employees in the Office of the Administrator under subsection (a), the Administrator shall count each employee of the Office without regard to whether the employee is located at the headquarters of the Administration, a site office of the Administration, a service or support center of the Administration, or any other location.
(3) The following employees may not be counted for purposes of determining the total number of employees in the Office of the Administrator under subsection (a):
(A) Employees of the Office of Naval Reactors.
(B) Employees of the Office of Secure Transportation.
(C) Members of the Armed Forces detailed to the Administration.
(D) Personnel supporting the Office of the Administrator pursuant to the mobility program under subchapter VI of chapter 33 of title 5 (commonly referred to as the “Intergovernmental Personnel Act Mobility Program”).
(c) Voluntary early retirement
In accordance with section 3523 of title 5, the Administrator may offer voluntary separation or retirement incentives to meet the total number of employees authorized under subsection (a).
(d) Use of IPA
The Administrator shall ensure that the expertise of the national security laboratories and the nuclear weapons production facilities is made available to the Administration, the Department of Energy, the Department of Defense, other Federal agencies, and Congress through the temporary assignment of personnel from such laboratories and facilities pursuant to the Intergovernmental Personnel Act Mobility Program and other similar programs.
(e) Office of the Administrator employees
In this section, the term “Office of the Administrator”, with respect to the employees of the Administration, includes employees whose funding is derived from an account of the Administration titled “Federal Salaries and Expenses”.
(f) Annual report
The Administrator shall include in the budget justification materials submitted to Congress in support of the budget of the Administration for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) a report containing the following information for the most recent fiscal year for which data are available:
(1) The number of full-time equivalent employees of the Office of the Administrator, as counted under subsection (a).
(2) The number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds.
(3) The number of full-time equivalent contractor employees working under each contract identified under paragraph (2).
(4) The number of full-time equivalent contractor employees described in paragraph (3) that have been employed under such a contract for a period greater than two years.
(5) With respect to each contract identified under paragraph (2)—
(A) identification of each appropriations account that supports the contract; and
(B) the amount obligated under the contract during the fiscal year, listed by each such account.
(6) With respect to each appropriations account identified under paragraph (5)(A), the total amount obligated for contracts identified under paragraph (2).
(Pub. L. 106–65, div. C, title XXXII, § 3241A, as added Pub. L. 112–239, div. C, title XXXI, § 3111(a)(1), Jan. 2, 2013, 126 Stat. 2168; amended Pub. L. 113–291, div. C, title XXXI, § 3116, Dec. 19, 2014, 128 Stat. 3888; Pub. L. 114–92, div. C, title XXXI, § 3138, Nov. 25, 2015, 129 Stat. 1215; Pub. L. 114–328, div. C, title XXXI, § 3136(a), Dec. 23, 2016, 130 Stat. 2771; Pub. L. 116–92, div. C, title XXXI, § 3111(a), Dec. 20, 2019, 133 Stat. 1949.)
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (a)(1). Pub. L. 116–92, § 3111(a)(1)(A), (B)(i), substituted “The” for “By October 1, 2015, the” and “1,890” for “1,690”.
Subsec. (a)(2). Pub. L. 116–92, § 3111(a)(1)(A), (B)(ii), substituted “2020” for “2016” and “1,890” for “1,690”.
Subsec. (f). Pub. L. 116–92, § 3111(a)(2)(A), substituted “for the most recent fiscal year for which data are available” for “as of the date of the report” in introductory provisions.
Subsec. (f)(5), (6). Pub. L. 116–92, § 3111(a)(2)(B), added pars. (5) and (6) and struck out former par. (5) which read as follows: “With respect to each contract identified under paragraph (2)—
“(A) the cost of the contract; and
“(B) identification of the program or program direction accounts that support the contract.”
2016—Subsec. (f)(5). Pub. L. 114–328 added par. (5).
2015—Subsec. (f). Pub. L. 114–92 added subsec. (f).
2014—Subsec. (a)(1). Pub. L. 113–291, § 3116(a)(1), substituted “2015” for “2014” and “1,690” for “1,825”.
Subsec. (a)(2). Pub. L. 113–291, § 3116(a)(2), substituted “2016” for “2015” and “1,690” for “1,825”.
Subsec. (e). Pub. L. 113–291, § 3116(b), added subsec. (e).