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10 U.S.C. § 6278 (ARMED FORCES)
§ 6278. Authority for emergency planning, design, and construction activities
(a) Authority.—
The Secretary of Energy may use any funds available to the Department of Energy pursuant to a DOE national security authorization, including funds authorized to be appropriated for advance planning, engineering, and construction design, and for plant projects, to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property.
(b) Limitation.—
The Secretary may not exercise the authority under subsection (a) in the case of a construction project until the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this section and the circumstances making those activities necessary.
(c) Specific Authority.—
The requirement of section 6277(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1429.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2747 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6279 (ARMED FORCES)
§ 6279. Scope of authority to carry out plant projects
In carrying out programs necessary for national security, the authority of the Secretary of Energy to carry out plant projects includes authority for maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1429.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2748 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6280 (ARMED FORCES)
§ 6280. 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 authorization for a fiscal year shall remain available to be obligated only until the end of that fiscal year.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1429.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2749 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6281 (ARMED FORCES)
§ 6281. Transfer of defense environmental cleanup funds
(a) Transfer Authority for Defense Environmental Cleanup 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 cleanup funds from a program or project under the jurisdiction of that office to another such program or project.
(b) Limitations.—
(1) Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.
(3) 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 cleanup funds at the field office.
(4) 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 6272 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 defense environmental cleanup activities necessary for national security programs of the Department, that is being carried out by that office, and for which defense environmental cleanup funds have been authorized and appropriated.
(2) The term “defense environmental cleanup funds” means funds appropriated to the Department of Energy pursuant to an authorization for carrying out defense environmental cleanup activities necessary for national security programs.
(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1430, 1462.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2750 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) to (4) headings which read as follows: “Number of transfers”, “Amounts transferred”, “Determination required”, and “Impermissible uses”, respectively.
10 U.S.C. § 6282 (ARMED FORCES)
§ 6282. 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) Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.
(3) 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) 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) 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 6272 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.
(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1430, 1462.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2751 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) to (5) headings which read as follows: “Number of transfers”, “Amounts transferred”, “Determination required”, “Limitation”, and “Impermissible uses”, respectively.
10 U.S.C. § 6283 (ARMED FORCES)
§ 6283. Funds available for all national security programs of the Department of Energy
Subject to the provisions of appropriation Acts and section 6272, 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.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1431.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2752 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6285 (ARMED FORCES)
§ 6285. Life-cycle cost estimates of certain atomic energy defense capital assets
(a) In General.—
The Secretary of Energy shall ensure that an independent life-cycle cost estimate under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, of each capital asset described in subsection (b) is conducted before the asset achieves critical decision 2 in the acquisition process.
(b) Capital Assets Described.—
A capital asset described in this subsection is an atomic energy defense capital asset—
(1) the total project cost of which exceeds $100,000,000; and
(2) the purpose of which is to perform a limited-life, single-purpose mission.
(c) Independent Defined.—
For purposes of subsection (a), the term “independent”, with respect to a life-cycle cost estimate of a capital asset, means that the life-cycle cost estimate is prepared by an organization independent of the project sponsor, using the same detailed technical and procurement information as the sponsor, to determine if the life-cycle cost estimate of the sponsor is accurate and reasonable.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1434.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2754 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6286 (ARMED FORCES)
§ 6286. Use of best practices for capital asset projects and nuclear weapon life extension programs
(a) Analyses of Alternatives.—
Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 726), the Secretary of Energy, in coordination with the Administrator, shall ensure that analyses of alternatives are conducted (including through contractors, as appropriate) in accordance with best practices for capital asset projects and life extension programs of the Administration and capital asset projects relating to defense environmental management.
(b) Cost Estimates.—
Not later than 30 days after the date of the enactment of such Act, the Secretary, in coordination with the Administrator, shall develop cost estimates in accordance with cost estimating best practices for capital asset projects and life extension programs of the Administration and capital asset projects relating to defense environmental management.
(c) Revisions to Departmental Project Management Order and Nuclear Weapon Life Extension Requirements.—
As soon as practicable after the date of the enactment of such Act, but not later than two years after such date of enactment, the Secretary shall revise—
(1) the capital asset project management order of the Department of Energy to require the use of best practices for preparing cost estimates and for conducting analyses of alternatives for Administration and defense environmental management capital asset projects; and
(2) the nuclear weapon life extension program procedures of the Department to require the use of best practices for preparing cost estimates and conducting analyses of alternatives for Administration life extension programs.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1434.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 and the date of the enactment of such Act, referred to in text, is the date of enactment of Pub. L. 114–92, which was approved Nov. 15, 2015.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 3117 of Pub. L. 114–92, which was set out as a note under section 2754 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(18).
10 U.S.C. § 6287 (ARMED FORCES)
§ 6287. Matters relating to critical decisions
(a) Post-critical Decision 2 Changes.—
After the date on which a plant project specifically authorized by law and carried out under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, achieves critical decision 2, the Administrator may not change the requirements for such project if such change increases the cost of such project by more than the lesser of $5,000,000 or 15 percent, unless—
(1) the Administrator submits to the congressional defense committees—
(A) a certification that the Administrator, without delegation, authorizes such proposed change; and
(B) a cost-benefit and risk analysis of such proposed change, including with respect to—
(i) the effects of such proposed change on the project cost and schedule; and
(ii) any mission risks and operational risks from making such change or not making such change; and
(2) a period of 15 days elapses following the date of such submission.
(b) Review and Approval.—
The Administrator shall ensure that critical decision packages are timely reviewed and either approved or disapproved.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1435.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2755 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6288 (ARMED FORCES)
§ 6288. Unfunded priorities of the Administration
(a) Annual Report or Certification.—
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, the Administrator shall submit to the Secretary of Energy and the congressional defense committees either—
(1) a report on the unfunded priorities of the Administration; or
(2) if the Administrator determines that there are no unfunded priorities to include in such a report, a certification and explanation by the Administrator, without delegation, of the determination.
(b) Elements.—
(1) Each report under subsection (a)(1) shall specify, for each unfunded priority covered by the report, the following:
(A) A summary description of that priority, including the objectives to be achieved or the risk to be mitigated if that priority is funded (whether in whole or in part).
(B) The additional amount of funds recommended in connection with the objectives or risk mitigation under subparagraph (A).
(C) Account information with respect to that priority.
(2) Each report under subsection (a)(1) shall present the unfunded priorities covered by the report in order of urgency of priority.
(c) Unfunded Priority Defined.—
In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement that—
(1) is not funded in the budget of the President for that fiscal year as submitted to Congress pursuant to section 1105(a) of title 31;
(2) is necessary to address a requirement associated with the mission of the Administration; and
(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—
(A) if additional resources were available for the budget to fund the program, activity, or mission requirement; or
(B) in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.
(Added and amended Pub. L. 119–60, div. C, title XXXI, §§ 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1435, 1462.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2756 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: “In general” and “Prioritization of priorities”, respectively.
10 U.S.C. § 6289 (ARMED FORCES)
§ 6289. Review of adequacy of nuclear weapons budget
(a) Review of Adequacy of Administration Budget by Nuclear Weapons Council.—
(1) The Secretary of Energy shall transmit to the Nuclear Weapons Council (in this section referred to as the “Council”) a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under section 1105(a) of title 31.
(2) The Council shall review each budget request transmitted to the Council under paragraph (1) in accordance with section 179(f).
(3)
(A) If the Council submits to the Secretary of Energy a written description under section 179(f)(2)(B)(i) with respect to the budget request of the Administration for a fiscal year, the Secretary shall include as an appendix to the budget request submitted to the Director of the Office of Management and Budget—
(i) the funding levels and initiatives identified in that description; and
(ii) any additional comments the Secretary considers appropriate.
(B) The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), a copy of the appendix described in subparagraph (A).
(b) Review and Certification of Department of Energy Budget by Nuclear Weapons Council.—
At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President, the Secretary shall transmit a copy of the budget request of the Department to the Council.
(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1436, 1462.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2757 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: “Transmission to council”, “Review”, and “Department of energy response”, respectively.
Subsec. (a)(3). Pub. L. 119–60, § 3111(d)(2)(A), struck out subpars. (A) and (B) headings which read as follows: “In general” and “Transmission to congress”, respectively.
10 U.S.C. § 6301 (ARMED FORCES)
§ 6301. 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.
(Added Pub. L. 119–60, div. C, title XXXI, § 3111(a), Dec. 18, 2025, 139 Stat. 1437.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2761 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).
10 U.S.C. § 6302 (ARMED FORCES)
§ 6302. 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.
heading: Editorial Notes
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 enacted sections 2513 and 2762 of Title 50, War and National Defense, and other provisions not classified to the Code. Section 2513 of Title 50 was repealed and restated as section 6106 of this title by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1343, 1458. Section 2762 of Title 50 was repealed and restated as this section by Pub. L. 119–60, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1437, 1458. For complete classification of this Act to the Code, see Tables.
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, 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: Prior Provisions
text: Provisions similar to those in this section were contained in section 2762 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).