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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 $25,000,000.
(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; Pub. L. 115–91, div. C, title XXXI, § 3119, Dec. 12, 2017, 131 Stat. 1892; Pub. L. 117–81, div. C, title XXXI, § 3115(a), Dec. 27, 2021, 135 Stat. 2226.)
heading: Editorial Notes
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: 2021—Par. (2). Pub. L. 117–81 substituted “$25,000,000” for “$20,000,000”.
2017—Par. (2). Pub. L. 115–91 substituted “$20,000,000” for “$10,000,000”.
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: Statutory Notes and Related Subsidiaries
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. § 2743 (WAR AND NATIONAL DEFENSE)
§ 2743. Minor construction projects
(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) Notification required for certain projects
Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until—
(1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and
(2) a period of 15 days has elapsed after the date on which such notification is received.
(e) 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.
(Pub. L. 107–314, div. D, title XLVII, § 4703, formerly div. C, title XXXVI, § 3622, Dec. 2, 2002, 116 Stat. 2757; renumbered div. D, title XLVII, § 4703, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781; Pub. L. 117–81, div. C, title XXXI, § 3115(b)(1), Dec. 27, 2021, 135 Stat. 2226.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 7386b of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2021—Subsecs. (d), (e). Pub. L. 117–81 added subsec. (d) and redesignated former subsec. (d) as (e).
heading: Statutory Notes and Related Subsidiaries
heading: Notification
text: Pub. L. 111–84, div. C, title XXXI, § 3118(c), Oct. 28, 2009, 123 Stat. 2709, as amended by Pub. L. 111–383, div. C, title XXXI, § 3121(b), Jan. 7, 2011, 124 Stat. 4514, which provided that, notwithstanding section 2743 of title 50, the Secretary of Energy could not start a general plant project with a total estimated cost of more than $5,000,000 until certain conditions were met, was repealed by Pub. L. 117–81, div. C, title XXXI, § 3115(b)(2), Dec. 27, 2021, 135 Stat. 2227.
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 $5,000,000, 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 $5,000,000.
(2) Limitation on availability of funds for certain projects
If the total estimated cost for construction design in connection with any construction project exceeds $5,000,000, 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; Pub. L. 114–328, div. C, title XXXI, § 3121, Dec. 23, 2016, 130 Stat. 2764; Pub. L. 117–81, div. C, title XXXI, § 3115(c), Dec. 27, 2021, 135 Stat. 2227.)
heading: Editorial Notes
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: 2021—Subsec. (b). Pub. L. 117–81 substituted “$5,000,000” for “$2,000,000” in two places.
2016—Subsec. (a)(2). Pub. L. 114–328, § 3121(a), substituted “$5,000,000” for “$3,000,000”.
Subsec. (b). Pub. L. 114–328, § 3121(b), substituted “$2,000,000” for “$1,000,000” in two places.
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. § 2758 (WAR AND NATIONAL DEFENSE)
§ 2758. Improvements to cost estimates informing analyses of alternatives
(a) Requirement for analyses of alternatives
The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order.
(b) Use of Project engineering and design funds
In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if—
(1) the Administrator—
(A) determines that such use of funds would improve the quality of the cost estimate for the project; and
(B) notifies the congressional defense committees of that determination; and
(2) a period of 15 days has elapsed after the date on which such committees receive the notification.
(Pub. L. 107–314, div. D, title XLVII, § 4718, as added Pub. L. 117–81, div. C, title XXXI, § 3112(a), Dec. 27, 2021, 135 Stat. 2220.)
50 U.S.C. § 2823 (WAR AND NATIONAL DEFENSE)
§ 2823. University-based defense nuclear policy collaboration program
(a) Program
The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 2795 of this title.
(b) Purposes
The purposes of the consortium under subsection (a) are as follows:
(1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs.
(2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security.
(3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats.
(c) Duties
(1) Support
The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants.
(2) Individuals described
The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to—
(A) defense nuclear nonproliferation;
(B) arms control;
(C) nuclear deterrence;
(D) the study of foreign nuclear programs;
(E) nuclear security; or
(F) educating and training the next generation of defense nuclear policy experts.
(Pub. L. 107–314, div. D, title XLVIII, § 4853, as added Pub. L. 117–81, div. C, title XXXI, § 3113, Dec. 27, 2021, 135 Stat. 2221.)
50 U.S.C. § 4027 (WAR AND NATIONAL DEFENSE)
§ 4027. Guarantee of residency for spouses of servicemembers
For the purposes of establishing the residency of a spouse of a servicemember for any purpose (including the registration of a business), the spouse of a servicemember may elect to use the same residence as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred.
(Oct. 17, 1940, ch. 888, title VII, § 707, as added Pub. L. 116–92, div. A, title XVII, § 1739(a), Dec. 20, 2019, 133 Stat. 1820; amended Pub. L. 117–81, div. A, title X, § 1081(c), Dec. 27, 2021, 135 Stat. 1922.)
heading: Editorial Notes
heading: Amendments
text: 2021—Pub. L. 117–81 made technical amendment to directory language of Pub. L. 116–92, § 1739(a).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of of 2021 Amendment
text: Pub. L. 117–81, div. A, title X, § 1081(c), Dec. 27, 2021, 135 Stat. 1922, provided that the amendment made by section 1081(c) is effective Dec. 20, 2019.
51 U.S.C. § 50113 (NATIONAL AND COMMERCIAL SPACE PROGRAMS)
§ 50113. Acquisition of space science data
(a) Definition of Space Science Data.—
In this section, the term “space science data” includes scientific data concerning—
(1) the elemental and mineralogical resources of the moon, asteroids, planets and their moons, and comets;
(2) microgravity acceleration; and
(3) solar storm monitoring.
(b) Acquisition From Commercial Providers.—
The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space science data from a commercial provider.
(c) Treatment of Space Science Data as Commercial Product or Commercial Service Under Acquisition Laws.—
Acquisitions of space science data by the Administrator shall be carried out in accordance with applicable acquisition laws and regulations (including applicable provisions of chapters 201 through 285, 341 through 343, and 363 of title 10). For purposes of such law and regulations, space science data shall be considered to be a commercial product or commercial service. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities.
(d) Safety Standards.—
Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards.
(e) Limitation.—
This section does not authorize the Administration to provide financial assistance for the development of commercial systems for the collection of space science data.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3397; Pub. L. 115–232, div. A, title VIII, § 836(g)(10)(A), Aug. 13, 2018, 132 Stat. 1874; Pub. L. 117–81, div. A, title XVII, § 1702(l)(10), Dec. 27, 2021, 135 Stat. 2161.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50113
42 U.S.C. 14713.
Pub. L. 105–303, title I, § 105, Oct. 28, 1998, 112 Stat. 2852.
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (c). Pub. L. 117–81 substituted “including applicable provisions of chapters 201 through 285, 341 through 343, and 363” for “including chapters 137 and 140”.
2018—Subsec. (c). Pub. L. 115–232 substituted “Commercial Product or Commercial Service” for “Commercial Item” in heading and “commercial product or commercial service” for “commercial item” in text.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
51 U.S.C. § 50115 (NATIONAL AND COMMERCIAL SPACE PROGRAMS)
§ 50115. Sources of Earth science data
(a) Acquisition.—
The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost-effective, space-based and airborne Earth remote sensing data, services, distribution, and applications from a commercial provider.
(b) Treatment as Commercial Product or Commercial Service Under Acquisition Laws.—
Acquisitions by the Administrator of the data, services, distribution, and applications referred to in subsection (a) shall be carried out in accordance with applicable acquisition laws and regulations (including applicable provisions of chapters 201 through 285, 341 through 343, and 363 of title 10). For purposes of such law and regulations, such data, services, distribution, and applications shall be considered to be a commercial product or commercial service. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities.
(c) Safety Standards.—
Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards.
(d) Administration and Execution.—
This section shall be carried out as part of the Commercial Remote Sensing Program at the Stennis Space Center.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3398; Pub. L. 115–232, div. A, title VIII, § 836(g)(10)(B), Aug. 13, 2018, 132 Stat. 1874; Pub. L. 117–81, div. A, title XVII, § 1702(l)(10), Dec. 27, 2021, 135 Stat. 2161.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50115(a)
42 U.S.C. 14715(a).
Pub. L. 105–303, title I, § 107(a), (b), (d), (e), Oct. 28, 1998, 112 Stat. 2853, 2854.
50115(b)
42 U.S.C. 14715(b).
50115(c)
42 U.S.C. 14715(d).
50115(d)
42 U.S.C. 14715(e).
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (b). Pub. L. 117–81 substituted “including applicable provisions of chapters 201 through 285, 341 through 343, and 363” for “including chapters 137 and 140”.
2018—Subsec. (b). Pub. L. 115–232, in heading, substituted “Commercial Product or Commercial Service” for “Commercial Item” and, in text, substituted “commercial product or commercial service” for “commercial item”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
51 U.S.C. § 50132 (NATIONAL AND COMMERCIAL SPACE PROGRAMS)
§ 50132. Acquisition of commercial space transportation services
(a) Treatment of Commercial Space Transportation Services as Commercial Service Under Acquisition Laws.—
Acquisitions of space transportation services by the Federal Government shall be carried out in accordance with applicable acquisition laws and regulations (including applicable provisions of chapters 201 through 285, 341 through 343, and 363 of title 10). For purposes of such law and regulations, space transportation services shall be considered to be a commercial service.
(b) Safety Standards.—
Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400; Pub. L. 115–232, div. A, title VIII, § 836(g)(10)(C), Aug. 13, 2018, 132 Stat. 1874; Pub. L. 117–81, div. A, title XVII, § 1702(l)(10), Dec. 27, 2021, 135 Stat. 2161.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
50132
42 U.S.C. 14732.
Pub. L. 105–303, title II, § 202, Oct. 28, 1998, 112 Stat. 2855.
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 117–81 substituted “including applicable provisions of chapters 201 through 285, 341 through 343, and 363” for “including chapters 137 and 140”.
2018—Subsec. (a). Pub. L. 115–232 substituted “Commercial Service” for “Commercial Item” in heading and “commercial service” for “commercial item” in text.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
51 U.S.C. § 60501 (NATIONAL AND COMMERCIAL SPACE PROGRAMS)
§ 60501. Goal
The goal for the Administration’s Earth Science program shall be to pursue a program of Earth observations, research, and applications activities to better understand the Earth, how it supports life, and how human activities affect its ability to do so in the future. In pursuit of this goal, the Administration’s Earth Science program shall ensure that securing practical benefits for society will be an important measure of its success in addition to securing new knowledge about the Earth system and climate change. In further pursuit of this goal, the Administration shall, together with the National Oceanic and Atmospheric Administration and other relevant agencies, provide United States leadership in developing and carrying out a cooperative international Earth observations-based research program.
(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60501
42 U.S.C. 17711.
Pub. L. 110–422, title II, § 201, Oct. 15, 2008, 122 Stat. 4784.
heading: Statutory Notes and Related Subsidiaries
heading: Carbon Cycle Remote Sensing Applications Research
text: Pub. L. 106–391, title III, § 315, Oct. 30, 2000, 114 Stat. 1595, provided that:
“(a) Carbon Cycle Remote Sensing Applications Research Program.—
“(1) In general.—
The Administrator [of the National Aeronautics and Space Administration] shall develop a carbon cycle remote sensing applications research program—
“(A) to provide a comprehensive view of vegetation conditions;
“(B) to assess and model agricultural carbon sequestration; and
“(C) to encourage the development of commercial products, as appropriate.
“(2) Use of centers.—
The Administrator of the National Aeronautics and Space Administration shall use regional earth science application centers to conduct applications research under this section.
“(3) Researched areas.—
The areas that shall be the subjects of research conducted under this section include—
“(A) the mapping of carbon-sequestering land use and land cover;
“(B) the monitoring of changes in land cover and management;
“(C) new approaches for the remote sensing of soil carbon; and
“(D) region-scale carbon sequestration estimation.
“(b) Authorization of Appropriations.—
There is authorized to be appropriated to carry out this section $5,000,000 of funds authorized by section 102 [114 Stat. 1581] for fiscal years 2001 through 2002.”
heading: Earth Observing System
text: Pub. L. 102–588, title I, § 102(g), Nov. 4, 1992, 106 Stat. 5111, directed the Administrator of the National Aeronautics and Space Administration to carry out an Earth Observing System program addressing highest priority international climate change research goals; within 180 days after Nov. 4, 1992, submit to Congress a plan to ensure that the highest priority measurements were maintained on schedule to the greatest extent practicable while lower priority measurements were deferred or deleted; and within 90 days after Nov. 4, 1992, submit to Congress a Development Plan.