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10 U.S.C. § 6261 (ARMED FORCES)
§ 6261. Worker protection at nuclear weapons facilities
(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 126(g) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a).
(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.
(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(B), Dec. 18, 2025, 139 Stat. 1419, 1462.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2731 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
heading: Amendments
text: 2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.
10 U.S.C. § 6262 (ARMED FORCES)
§ 6262. Safety oversight and enforcement 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.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1420.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2732 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6265 (ARMED FORCES)
§ 6265. Use of probabilistic risk assessment to ensure nuclear safety of facilities of the Administration and the Office of Environmental Management
(a) Nuclear Safety at NNSA and DOE Facilities.—
The Administrator and the Secretary of Energy shall ensure that the methods for assessing, certifying, and overseeing nuclear safety at the facilities specified in subsection (c) use national and international standards and nuclear industry best practices, including probabilistic or quantitative risk assessment if sufficient data exist.
(b) Adequate Protection.—
The use of probabilistic or quantitative risk assessment under subsection (a) shall be to support, rather than replace, the requirement under section 182 of the Atomic Energy Act of 1954 (42 U.S.C. 2232) that the utilization or production of special nuclear material will be in accordance with the common defense and security and will provide adequate protection to the health and safety of the public.
(c) Facilities Specified.—
Subsection (a) shall apply—
(1) to the Administrator with respect to the national security laboratories and the nuclear weapons production facilities; and
(2) to the Secretary of Energy with respect to defense nuclear facilities of the Office of Environmental Management of the Department of Energy.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1424.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2735 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6266 (ARMED FORCES)
§ 6266. Notification of nuclear criticality and non-nuclear incidents
(a) Notification.—
The Secretary of Energy or the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of a nuclear criticality incident resulting from a covered program that results in an injury or fatality or results in the shutdown, or partial shutdown, of a covered facility by not later than 15 days after the date of such incident.
(b) Elements of Notification.—
Each notification submitted under subsection (a) shall include the following:
(1) A description of the incident, including the cause of the incident.
(2) In the case of a criticality incident, whether the incident caused a facility, or part of a facility, to be shut down.
(3) The effect, if any, on the mission of the Administration or the Office of Environmental Management of the Department of Energy.
(4) Any corrective action taken in response to the incident.
(c) Database.—
(1) The Secretary shall maintain a record of incidents described in paragraph (2).
(2) An incident described in this paragraph is any of the following incidents resulting from a covered program:
(A) A nuclear criticality incident that results in an injury or fatality or results in the shutdown, or partial shutdown, of a covered facility.
(B) A non-nuclear incident that results in serious bodily injury or fatality at a covered facility.
(d) Cooperation.—
In carrying out this section, the Secretary and the Administrator shall ensure that each management and operating contractor of a covered facility cooperates in a timely manner.
(e) Definitions.—
In this section:
(1) The term “appropriate congressional committees” means—
(A) the congressional defense committees; and
(B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(2) The term “covered facility” means—
(A) a facility of the nuclear security enterprise; and
(B) a facility conducting activities for the defense environmental cleanup program of the Office of Environmental Management of the Department of Energy.
(3) The term “covered program” means—
(A) programs of the Administration; and
(B) defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy.
(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(B), Dec. 18, 2025, 139 Stat. 1424, 1462.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2736 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
heading: Amendments
text: 2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.
10 U.S.C. § 6271 (ARMED FORCES)
§ 6271. Definitions
In this subchapter:
(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)
(A) Except as provided by subparagraph (B), the term “minor construction threshold” means $30,000,000.
(B) The Administrator may calculate the amount specified in subparagraph (A) based on fiscal year 2022 constant dollars if the Administrator—
(i) submits to the congressional defense committees a report on the method used by the Administrator to calculate the adjustment;
(ii) a period of 30 days elapses following the date of such submission; and
(iii) publishes the adjusted amount in the Federal Register.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1425.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2741 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6272 (ARMED FORCES)
§ 6272. Reprogramming
(a) In General.—
Except as provided in subsection (b) and in sections 5791 and 5792 1 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) 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) Funds appropriated pursuant to a DOE national security authorization may not be used for an item for which Congress has specifically denied funds.
(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1426, 1462.)
heading: Editorial Notes
heading: References in Text
text: Sections 5791 and 5792, referred to in subsec. (a), were, prior to repeal and restatement as this section, references to sections 4710 and 4711, respectively, of Pub. L. 107–314, which were repealed and restated as sections 6281 and 6282, respectively, of this title by Pub. L. 119–60, § 3111(a), (b)(1).
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2742 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
heading: Amendments
text: 2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.
Subsec. (e). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “Total amount obligated” and “Prohibited items”, respectively.
10 U.S.C. § 6273 (ARMED FORCES)
§ 6273. 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. The report shall include with respect to each project the following:
(1) The estimated original total project cost and the estimated original date of completion.
(2) The percentage of the project that is complete.
(3) The current estimated total project cost and estimated date of completion.
(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.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1426.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2743 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6274 (ARMED FORCES)
§ 6274. General plant projects
Plant or construction projects for which amounts are made available under this and subsequent appropriation Acts 1 with a current estimated cost of less than $10,000,000 are considered for purposes of section 6273 as a plant project for which the approved total estimated cost does not exceed the minor construction threshold and for purposes of section 6275 as a construction project with a current estimated cost of less than a minor construction threshold.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1427.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, was, prior to repeal and restatement as this section, a reference to div. B of Pub. L. 112–74, Dec. 23, 2011, 125 Stat. 852, known as the Energy and Water Development and Related Agencies Appropriations Act, 2012. For complete classification of div. B of Pub. L. 112–74 to the Code, see Tables.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2743a of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(5).
10 U.S.C. § 6275 (ARMED FORCES)
§ 6275. Limits on construction projects
(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.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1427.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2744 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6276 (ARMED FORCES)
§ 6276. Fund transfer authority
(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) 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) 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.
(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1428, 1462.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2745 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
heading: Amendments
text: 2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.
Subsec. (b). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “Transfers permitted” and “Maximum amounts”, respectively.
10 U.S.C. § 6277 (ARMED FORCES)
§ 6277. Conceptual and construction design
(a) Conceptual Design.—
(1) 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) 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) 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 6278.
(b) Construction Design.—
(1) 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) 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.
(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1428, 1462.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2746 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
heading: Amendments
text: 2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.
Subsec. (a). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) to (3) headings which read as follows: “Requirement”, “Requests for conceptual design funds”, and “Exceptions”, respectively.
Subsec. (b). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “Authority” and “Limitation on availability of funds for certain projects”, respectively.