CHAPTER 608 - ADMINISTRATIVE MATTERS
Title 10 > CHAPTER 608
Sections (26)
§ 6321 Costs not allowed under covered contracts
(a) In General.— The following costs are not allowable under a covered contract: Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities). Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress or a State legislature. Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of false certification). Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable regulations of the Secretary of Energy. Costs of membership in any social, dining, or country club or organization. Costs of alcoholic beverages. Contributions or donations, regardless of the recipient. Costs of advertising designed to promote the contractor or its products. Costs of promotional items and memorabilia, including models, gifts, and souvenirs. Costs for travel by commercial aircraft or by travel by other than common carrier that is not necessary for the performance of the contract and the cost of which exceeds the amount of the standard commercial fare.
(b) Regulations; Costs of Information Provided to Congress or State Legislatures and Related Costs.— Not later than 150 days after November 8, 1985 , the Secretary of Energy shall prescribe regulations to implement this section. Such regulations may establish appropriate definitions, exclusions, limitations, and qualifications. Such regulations shall be published in accordance with section 1707 of title 41 . In any regulations implementing subsection (a)(2), the Secretary may not treat as not allowable (by reason of such subsection) the following costs of a contractor: Costs of providing to Congress or a State legislature, in response to a request from Congress or a State legislature, information of a factual, technical, or scientific nature, or advice of experts, with respect to topics directly related to the performance of the contract. Costs for transportation, lodging, or meals incurred for the purpose of providing such information or advice.
(c) Covered Contract Defined.— In this section, the term “covered contract” means a contract for an amount more than $100,000 entered into by the Secretary of Energy obligating funds appropriated for national security programs of the Department of Energy.
(d) Effective Date.— Subsection (a) shall apply with respect to costs incurred under a covered contract on or after 30 days after the regulations required by subsection (b) are issued.
§ 6322 Prohibition and report 11 So in original. Requirement to submit report was repealed by Pub. L. 112–239 without corresponding amendment to section catchline. 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 .
§ 6323 Assessments of emergency preparedness of defense nuclear facilities
The Secretary of Energy shall include, in each award-fee evaluation conducted under section 16.401 of title 48, Code of Federal Regulations, of a management and operating contract for a Department of Energy defense nuclear facility in 2016 or any even-numbered year thereafter, an assessment of the adequacy of the emergency preparedness of that facility, including an assessment of the seniority level of management and operating contractor employees that participate in emergency preparedness exercises at that facility. (Added Pub. L. 119–60, div. C, title XXXI, § 3111(a) , Dec. 18, 2025 , 139 Stat. 1441 .)
§ 6324 Contractor liability for injury or loss of property arising out of atomic weapons testing programs
(a) Short Title.— This section may be cited as the “Atomic Energy Testing Liability Act”.
(b) Federal Remedies Applicable; Exclusiveness of Remedies.— The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by chapter 309 or 311 of title 46, as appropriate, for injury, loss of property, personal injury, or death shall apply to any civil action for injury, loss of property, personal injury, or death due to exposure to radiation based on acts or omissions by a contractor in carrying out an atomic weapons testing program under a contract with the United States. The remedies referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining civil liability arising from any act or omission of the contractor without regard to when the act or omission occurred. The employees of a contractor referred to in paragraph (1) shall be considered to be employees of the Federal Government, as provided in section 2671 of title 28 , for the purposes of any such civil action or proceeding; and the civil action or proceeding shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b) of such title and shall be subject to the limitations and exceptions applicable to those actions.
(c) Procedure.— A contractor against whom a civil action or proceeding described in subsection (b) is brought shall promptly deliver all processes served upon that contractor to the Attorney General of the United States. Upon certification by the Attorney General that the suit against the contractor is within the provisions of subsection (b), a civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place wherein it is pending and the proceedings shall be deemed a tort action brought against the United States under the provisions of section 1346(b), 2401(b), or 2402, or sections 2671 through 2680 of title 28. For purposes of removal, the certification by the Attorney General under this subsection establishes contractor status conclusively.
(d) Actions Covered.— The provisions of this section shall apply to any action, within the provisions of subsection (b), which is pending on November 5, 1990 , or commenced on or after such date. Notwithstanding section 2401(b) of title 28 , if a civil action or proceeding to which this section applies is pending on November 5, 1990 , and is dismissed because the plaintiff in such action or proceeding did not file an administrative claim as required by section 2672 of that title, the plaintiff in that action or proceeding shall have 30 days from the date of the dismissal or two years from the date upon which the claim accrued, whichever is later, to file an administrative claim, and any claim or subsequent civil action or proceeding shall thereafter be subject to the provisions of section 2401(b) of title 28 .
(e) Contractor Defined.— For purposes of this section, the term “contractor” includes a contractor or cost reimbursement subcontractor of any tier participating in the conduct of the United States atomic weapons testing program for the Department of Energy (or its predecessor agencies, including the Manhattan Engineer District, the Atomic Energy Commission, and the Energy Research and Development Administration). Such term also includes facilities which conduct or have conducted research concerning health effects of ionizing radiation in connection with the testing under contract with the Department of Energy (or any of its predecessor agencies).
§ 6325 Notice-and-wait requirement applicable to certain third-party financing arrangements
(a) Notice-and-wait Requirement.— The Secretary of Energy may not enter into an arrangement described in subsection (b) until 30 days after the date on which the Secretary notifies the congressional defense committees in writing of the proposed arrangement.
(b) Covered Arrangements.— Except as provided in paragraph (2), an arrangement referred to in subsection (a) is any alternative financing arrangement, third-party financing arrangement, public-private partnership, privatization arrangement, private capital arrangement, or other financing arrangement that— is entered into in connection with a project conducted using funds authorized to be appropriated to the Department of Energy to carry out programs necessary for national security; and involves a contractor or Federal agency obtaining and charging to the Department of Energy as an allowable cost under a contract the use of office space, facilities, or other real property assets with a value of at least $5,000,000. An arrangement referred to in subsection (a) does not include an arrangement that— involves the Department of Energy or a contractor acquiring or entering into a capital lease for office space, facilities, or other real property assets; or is entered into in connection with a capital improvement project undertaken as part of an energy savings performance contract under section 801 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 ).
§ 6326 Publication of contractor performance evaluations leading to award fees
(a) In General.— The Administrator shall take appropriate actions to make available to the public, to the maximum extent practicable, contractor performance evaluations conducted by the Administration of management and operating contractors of the nuclear security enterprise that results in the award of an award fee to the contractor concerned.
(b) Format.— Performance evaluations shall be made public under this section in a common format that facilitates comparisons of performance evaluations between and among similar management and operating contracts.
§ 6327 Enhanced procurement authority to manage supply chain risk
(a) Authority.— Subject to subsection (b), the Secretary of Energy may— carry out a covered procurement action or special exclusion action; and notwithstanding any other provision of law, limit, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action or special exclusion action.
(b) Requirements.— The Secretary may exercise the authority under subsection (a) only after— obtaining a risk assessment that demonstrates that there is a significant supply chain risk to a covered system; making a determination in writing, in unclassified or classified form, that— the use of the authority under subsection (a) is necessary to protect national security by reducing supply chain risk; less restrictive measures are not reasonably available to reduce the supply chain risk; and in a case in which the Secretary plans to limit disclosure of information under subsection (a)(2), the risk to national security of the disclosure of the information outweighs the risk of not disclosing the information; and submitting to the appropriate congressional committees, not later than seven days after the date on which the Secretary makes the determination under paragraph (2), a notice of such determination, in classified or unclassified form, that includes— the information required by section 3304(e)(2)(A) of title 41 ; a summary of the risk assessment required under paragraph (1); and a summary of the basis for the determination, including a discussion of less restrictive measures that were considered and why such measures were not reasonably available to reduce supply chain risk.
(c) Notifications.— If the Secretary has exercised the authority under subsection (a), the Secretary shall— notify appropriate parties of the covered procurement action or special exclusion action and the basis for the action only to the extent necessary to carry out the covered procurement action or special exclusion action; notify other Federal agencies responsible for procurement that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and ensure the confidentiality of any notifications under paragraph (1) or (2).
(d) Limitation of Review.— No action taken by the Secretary under the authority under subsection (a) shall be subject to review in any Federal court.
(e) Delegation of Authority.— The Secretary may delegate the authority under this section to— in the case of the Administration, the Administrator; and in the case of any other component of the Department of Energy, the Senior Procurement Executive of the Department.
(f) Definitions.— In this section: The term “appropriate congressional committees” means— the congressional defense committees; and the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives. The term “covered item of supply” means an item— that is purchased for inclusion in a covered system; and the loss of integrity of which could result in a supply chain risk for a covered system. The term “covered procurement” means the following: A source selection for a covered system or a covered item of supply involving either a performance specification, as described in subsection (a)(3)(B) of section 3306 of title 41 , or an evaluation factor, as described in subsection (b)(1) of such section, relating to supply chain risk. The consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 4106(d)(3) of title 41 , where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk. Any contract action involving a contract for a covered system or a covered item of supply if the contract includes a clause establishing requirements relating to supply chain risk. The term “covered procurement action” means, with respect to an action that occurs in the course of conducting a covered procurement, any of the following: The exclusion of a source that fails to meet qualification requirements established pursuant to section 3311 of title 41 for the purpose of reducing supply chain risk in the acquisition of covered systems. The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order. The withholding of consent for a contractor to subcontract with a particular source or the direction to a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract. The term “covered system” means the following: National security systems (as defined in section 3552(b) of title 44 ) and components of such systems. Nuclear weapons and components of nuclear weapons. Items associated with the design, development, production, and maintenance of nuclear weapons or components of nuclear weapons. Items associated with the surveillance of the nuclear weapon stockpile. Items associated with the design and development of nonproliferation and counterproliferation programs and systems. The term “special exclusion action” means an action to prohibit, for a period not to exceed two years, the award of any contracts or subcontracts by the Administration or any other component of the Department of Energy related to any covered system to a source the Secretary determines to represent a supply chain risk. The term “supply chain risk” means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system or covered item of supply so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of the system or item of supply.
(g) Termination.— The authority under this section shall terminate on December 31, 2028 .
§ 6328 Cost-benefit analyses for competition of management and operating contracts
(a) Briefings on Requests for Proposals.— Not later than 7 days after issuing a request for proposals for a contract to manage and operate a facility of the Administration, the Administrator shall brief the congressional defense committees on the preliminary assessment of the Administrator of the costs and benefits of the competition for the contract, including a preliminary assessment of the matters described in subsection (c) with respect to the contract.
(b) Reports After Transition to New Contracts.— If the Administrator awards a new contract to manage and operate a facility of the Administration, the Administrator shall submit to the congressional defense committees a report that includes the matters described in subsection (c) with respect to the contract by not later than 30 days after the completion of the period required to transition to the contract.
(c) Matters Described.— The matters described in this subsection, with respect to a contract, are the following: A clear and complete description of the cost savings the Administrator expects to result from the competition for the contract over the life of the contract, including associated analyses, assumptions, and information sources used to determine such expected cost savings. A description of any key limitations or uncertainties that could affect such costs savings, including costs savings that are anticipated but not fully known. The costs of the competition for the contract, including the immediate costs of conducting the competition, the costs of the transition to the contract from the previous contract, and any increased costs over the life of the contract. A description of any disruptions or delays in mission activities or deliverables resulting from the competition for the contract. A clear and complete description of the benefits expected by the Administrator with respect to mission performance or operations resulting from the competition. How the competition for the contract complied with the Federal Acquisition Regulation regarding Federally funded research and development centers, if applicable. The factors considered and processes used by the Administrator to determine— whether to compete or extend the previous contract; and which activities at the facility should be covered under the contract rather than under a different contract. With respect to the matters included under paragraphs (1) through (7), a detailed description of the analyses conducted by the Administrator to reach the conclusions presented in the report, including any assumptions, limitations, and uncertainties relating to such conclusions. Any other matters the Administrator considers appropriate.
(d) Information Quality.— Each briefing required by subsection (a) and report required by subsection (b) shall be prepared in accordance with— the information quality guidelines of the Department of Energy that are relevant to the clear and complete presentation of the matters described in subsection (c); and best practices of the Government Accountability Office and relevant industries for cost estimating, if appropriate.
(e) Review of Reports by Comptroller General of the United States.— The Comptroller General of the United States shall determine, in consultation with the congressional defense committees, whether to conduct an initial review, a comprehensive review, or both, of a report required by subsection (b). The Comptroller General shall provide any initial review of a report required by subsection (b) as a briefing to the congressional defense committees not later than 180 days after that report is submitted to the congressional defense committees. The Comptroller General shall submit any comprehensive review of a report required by subsection (b) to the congressional defense committees not later than 3 years after that report is submitted to the congressional defense committees. A comprehensive review of a report required by subsection (b) shall include an assessment, based on the most current information available, of the following: The actual cost savings achieved compared to cost savings estimated under subsection (c)(1), and any increased costs incurred under the contract that were unexpected or uncertain at the time the contract was awarded. Any disruptions or delays in mission activities or deliverables resulting from the competition for the contract compared to the disruptions and delays estimated under subsection (c)(4). Whether expected benefits of the competition with respect to mission performance or operations have been achieved. Such other matters as the Comptroller General considers appropriate.
(f) Applicability.— The requirements for briefings under subsection (a) and reports under subsection (b) shall apply with respect to requests for proposals issued or contracts awarded, as applicable, by the Administrator during fiscal years 2019 through 2032. The requirements for briefings under subsection (a) and reports under subsection (b) shall not apply with respect to a management and operations contract for a Naval Reactor facility.
§ 6331 Laboratory-directed research and development programs
(a) Authority.— Government-owned, contractor-operated laboratories that are funded out of funds available to the Department of Energy for national security programs are authorized to carry out laboratory-directed research and development.
(b) Regulations.— The Secretary of Energy shall prescribe regulations for the conduct of laboratory-directed research and development at such laboratories.
(c) Funding.— Of the funds provided by the Department of Energy to a national security laboratory for national security activities, the Secretary shall provide a specific amount, of not less than 5 percent and not more than 7 percent of such funds, to be used by the laboratory for laboratory-directed research and development.
(d) Laboratory-directed Research and Development Defined.— For purposes of this section, the term “laboratory-directed research and development” means research and development work of a creative and innovative nature which, under the regulations prescribed pursuant to subsection (b), is selected by the director of a laboratory for the purpose of maintaining the vitality of the laboratory in defense-related scientific disciplines.
§ 6332 Laboratory-directed research and development
Of the funds made available by the Department of Energy for activities at government-owned, contractor-operated laboratories funded in this Act 1 or subsequent Energy and Water Development Appropriations Acts, the Secretary may authorize a specific amount, not to exceed 8 percent of such funds, to be used by such laboratories for laboratory directed research and development: Provided , That the Secretary may also authorize a specific amount not to exceed 4 percent of such funds, to be used by the plant manager of a covered nuclear weapons production plant or the manager of the Nevada Site Office for plant or site directed research and development: Provided further , That notwithstanding Department of Energy order 413.2A, dated January 8, 2001 , beginning in fiscal year 2006 and thereafter, all DOE laboratories may be eligible for laboratory directed research and development funding. (Added Pub. L. 119–60, div. C, title XXXI, § 3111(a) , Dec. 18, 2025 , 139 Stat. 1448 .)
§ 6333 Funding for laboratory directed research and development
Notwithstanding section 307 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 ( Public Law 111–85 ; 123 Stat. 2845 ), of the funds made available by the Department of Energy for activities at Government-owned, contractor-operated laboratories funded in the Energy and Water Development and Related Agencies Appropriations Act, 2014 (div. D of Pub. L. 113–76 ) or any subsequent Energy and Water Development Appropriations Act for any fiscal year, the Secretary may authorize a specific amount, not to exceed 6 percent of such funds, to be used by such laboratories for laboratory directed research and development. (Added Pub. L. 119–60, div. C, title XXXI, § 3111(a) , Dec. 18, 2025 , 139 Stat. 1449 .)
§ 6334 Charges to individual program, project, or activity
Of the funds authorized by the Secretary of Energy for laboratory directed research and development, no individual program, project, or activity funded by this or any subsequent Act 1 making appropriations for Energy and Water Development for any fiscal year may be charged more than the statutory maximum authorized for such activities: Provided , That this section shall take effect not earlier than October 1, 2015 . (Added Pub. L. 119–60, div. C, title XXXI, § 3111(a) , Dec. 18, 2025 , 139 Stat. 1449 .)
§ 6335 Limitations on use of funds for laboratory directed research and development purposes
(a) Limitation on Use of Weapons Activities Funds.— No funds authorized to be appropriated or otherwise made available to the Department of Energy in any fiscal year after fiscal year 1997 for weapons activities may be obligated or expended for activities under the Department of Energy Laboratory Directed Research and Development Program, or under any Department of Energy technology transfer program or cooperative research and development agreement, unless such activities support the national security mission of the Department of Energy.
(b) Limitation on Use of Certain Other Funds.— No funds authorized to be appropriated or otherwise made available to the Department of Energy in any fiscal year after fiscal year 1997 for defense environmental cleanup may be obligated or expended for activities under the Department of Energy Laboratory Directed Research and Development Program, or under any Department of Energy technology transfer program or cooperative research and development agreement, unless such activities support the defense environmental cleanup mission of the Department of Energy.
(c) Limitation on Use of Funds for Overhead.— A national security laboratory may not use funds made available under section 6331(c) to cover the costs of general and administrative overhead for the laboratory.
§ 6336 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) Plant-directed Research and Development.— The report required by subsection (a) shall include, with respect to plant-directed research and development, the following: A financial accounting of expenditures for such research and development, disaggregated by nuclear weapons production facility. A breakdown of the percentage of research and development conducted by each such facility that is plant-directed research and development. An explanation of how each such facility plans to increase the availability and utilization of funds for plant-directed research and development. In this subsection, the term “plant-directed research and development” means research and development selected by the director of a nuclear weapons production facility.
(c) Preparation of Report.— Each report shall be prepared by the officials responsible for Federal oversight of the funds expended on activities under the program.
(d) 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.
§ 6337 Critical technology partnerships and cooperative research and development centers
(a) Partnerships.— For the purpose of facilitating the transfer of technology, the Secretary of Energy shall ensure, to the maximum extent practicable, that research on and development of dual-use critical technology carried out through atomic energy defense activities is conducted through cooperative research and development agreements, or other arrangements, that involve laboratories of the Department of Energy and other entities.
(b) Cooperative Research and Development Centers.— Subject to the availability of appropriations provided for such purpose, the Administrator shall establish a cooperative research and development center described in paragraph (2) at each national security laboratory. A cooperative research and development center described in this paragraph is a center to foster collaborative scientific research, technology development, and the appropriate transfer of research and technology to users in addition to the national security laboratories. In establishing a cooperative research and development center under this subsection, the Administrator— shall enter into cooperative research and development agreements with governmental, public, academic, or private entities; and may enter into a contract with respect to constructing, purchasing, managing, or leasing buildings or other facilities.
(c) Definitions.— In this section: The term “dual-use critical technology” means a technology— that is critical to atomic energy defense activities, as determined by the Secretary of Energy; that has military applications and nonmilitary applications; and that is a defense critical technology (as defined in section 4801). The term “cooperative research and development agreement” has the meaning given that term by section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a(d) ). The term “other entities” means— firms, or a consortium of firms, that are eligible to participate in a partnership or other arrangement with a laboratory of the Department of Energy, as determined in accordance with applicable law and regulations; or firms, or a consortium of firms, described in subparagraph (A) in combination with one or more of the following: Institutions of higher education in the United States. Departments and agencies of the Federal Government other than the Department of Energy. Agencies of State governments. Any other persons or entities that may be eligible and appropriate, as determined in accordance with applicable laws and regulations. The term “atomic energy defense activities” does not include activities covered by Executive Order No. 12344, dated February 1, 1982 , pertaining to the Naval nuclear propulsion program.
§ 6338 University-based research collaboration program
(a) Findings.— Congress makes the following findings: The maintenance of scientific and engineering competence in the United States is vital to long-term national security and the defense and national security missions of the Department of Energy. Engaging the universities and colleges of the Nation in research on long-range problems of vital national security interest will be critical to solving the technology challenges faced within the defense and national security programs of the Department of Energy in the next century. Enhancing collaboration among the national laboratories, universities and colleges, and industry will contribute significantly to the performance of these Department of Energy missions.
(b) Program.— The Secretary of Energy shall establish a university program at a location that can develop the most effective collaboration among national laboratories, universities and colleges, and industry in support of scientific and engineering advancement in key Department of Energy defense and national security program areas.
§ 6339 Limitation on establishing an enduring bioassurance program within the administration
(a) In General.— The Administrator may not establish, administer, manage, or facilitate a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense.
(b) Rule of Construction.— The limitation described in subsection (a) shall not be interpreted— to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided— on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and in a manner that does not interfere with mission of such laboratory or facility.
§ 6340 Appropriate scoping of artificial intelligence research within the administration
(a) In General.— Funds authorized to be appropriated by this Act 1 or otherwise made available for fiscal year 2026, or any subsequent fiscal year, for the Administration for the purposes of conducting research and development of artificial intelligence technologies, executing a program to develop or manage the application of such technologies, or developing, acquiring, or sustaining any associated computing hardware or supporting infrastructure may only be used to support the nuclear security missions of the Administration.
(b) Rule of Construction.— The limitation described in subsection (a) may not be interpreted— to prohibit the establishment of an enduring national security artificial intelligence research and development program in any component of the Department of Energy other than the Administration or in any other Federal agency; or to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of an enduring national security artificial intelligence research and development program or activity, if such support is provided— on a full cost recovery basis, including any associated infrastructure or utility costs, to an entity that is not a component of the Department of Energy; and in a manner that does not interfere with the nuclear security mission of such laboratory or facility.
§ 6351 Transfers of real property at certain Department of Energy facilities
(a) Transfer Regulations.— The Secretary of Energy shall prescribe regulations for the transfer by sale or lease of real property at Department of Energy defense nuclear facilities for the purpose of permitting the economic development of the property. The Secretary may not transfer real property under the regulations prescribed under paragraph (1) until— the Secretary submits a notification of the proposed transfer to the congressional defense committees; and a period of 30 days has elapsed following the date on which the notification is submitted.
(b) Indemnification.— Except as provided in paragraph (3) and subject to subsection (c), in the sale or lease of real property pursuant to the regulations prescribed under subsection (a), the Secretary may hold harmless and indemnify a person or entity described in paragraph (2) against any claim for injury to person or property that results from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located. Before entering into any agreement for such a sale or lease, the Secretary shall notify the person or entity that the Secretary has authority to provide indemnification to the person or entity under this subsection. The Secretary shall include in any agreement for such a sale or lease a provision stating whether indemnification is or is not provided. Paragraph (1) applies to the following persons and entities: Any State that acquires ownership or control of real property of a defense nuclear facility. Any political subdivision of a State that acquires such ownership or control. Any other person or entity that acquires such ownership or control. Any successor, assignee, transferee, lender, or lessee of a person or entity described in subparagraphs (A) through (C). To the extent the persons and entities described in paragraph (2) contributed to any such release or threatened release, paragraph (1) shall not apply.
(c) Conditions.— No indemnification on a claim for injury may be provided under this section unless the person or entity making a request for the indemnification— notifies the Secretary in writing within two years after such claim accrues; furnishes to the Secretary copies of pertinent papers received by the person or entity; furnishes evidence or proof of the claim; provides, upon request by the Secretary, access to the records and personnel of the person or entity for purposes of defending or settling the claim; and begins action within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary. For purposes of paragraph (1)(A), the date on which a claim accrues is the date on which the person asserting the claim knew (or reasonably should have known) that the injury to person or property referred to in subsection (b)(1) was caused or contributed to by the release or threatened release of a hazardous substance, pollutant, or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located.
(d) Authority of Secretary.— In any case in which the Secretary determines that the Secretary may be required to indemnify a person or entity under this section for any claim for injury to person or property referred to in subsection (b)(1), the Secretary may settle or defend the claim on behalf of that person or entity. In any case described in paragraph (1), if the person or entity that the Secretary may be required to indemnify does not allow the Secretary to settle or defend the claim, the person or entity may not be indemnified with respect to that claim under this section.
(e) Relationship to Other Law.— Nothing in this section shall be construed as affecting or modifying in any way section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ).
(f) Definitions.— In this section, the terms “hazardous substance”, “release”, and “pollutant or contaminant” have the meanings provided by section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ).
§ 6352 Engineering and manufacturing research, development, and demonstration by managers of certain nuclear weapons production facilities
(a) Authority for Programs at Nuclear Weapons Productions Facilities.— The Administrator shall authorize the head of each nuclear weapons production facility to establish an Engineering and Manufacturing Research, Development, and Demonstration Program under this section.
(b) Projects and Activities.— The projects and activities carried out through the program at a nuclear weapons production facility under this section shall support innovative or high-risk design and manufacturing concepts and technologies with potentially high payoff for the nuclear security enterprise. Those projects and activities may include— replacement of obsolete or aging design and manufacturing technologies; development of innovative agile manufacturing techniques and processes; and training, recruitment, or retention of essential personnel in critical engineering and manufacturing disciplines.
§ 6353 Activities at covered nuclear weapons facilities
The Administrator may authorize the manager of a covered nuclear weapons research, development, testing or production facility to engage in research, development, and demonstration activities with respect to the engineering and manufacturing capabilities at such facility in order to maintain and enhance such capabilities at such facility: Provided , That of the amount allocated to a covered nuclear weapons facility each fiscal year from amounts available to the Department of Energy for such fiscal year for national security programs, not more than an amount equal to 2 percent of such amount may be used for these activities: Provided further , That for purposes of this section, the term “covered nuclear weapons facility” means the following: The Kansas City Plant, Kansas City, Missouri. The Y–12 Plant, Oak Ridge, Tennessee. The Pantex Plant, Amarillo, Texas. The Savannah River Plant, South Carolina. The Nevada Test Site. (Added Pub. L. 119–60, div. C, title XXXI, § 3111(a) , Dec. 18, 2025 , 139 Stat. 1454 .)
§ 6354 Pilot program relating to use of proceeds of disposal or utilization of certain department of energy assets
(a) Purpose.— The purpose of this section is to encourage the Secretary of Energy to dispose of or otherwise utilize certain assets of the Department of Energy by making available to the Secretary the proceeds of such disposal or utilization for purposes of defraying the costs of such disposal or utilization.
(b) Use of Proceeds to Defray Costs.— Notwithstanding section 3302 of title 31 , the Secretary may retain from the proceeds of the sale, lease, or disposal of an asset under subsection (c) an amount equal to the cost of the sale, lease, or disposal of the asset. The Secretary shall utilize amounts retained under this paragraph to defray the cost of the sale, lease, or disposal. For purposes of paragraph (1), the cost of a sale, lease, or disposal shall include— the cost of administering the sale, lease, or disposal; the cost of recovering or preparing the asset concerned for the sale, lease, or disposal; and any other cost associated with the sale, lease, or disposal.
(c) Covered Transactions.— Subsection (b) applies to the following transactions: The sale of heavy water at the Savannah River Site, South Carolina, that is under the jurisdiction of the Defense Environmental Management Program. The sale of precious metals that are under the jurisdiction of the Defense Environmental Management Program. The lease of buildings and other facilities located at the Hanford Reservation, Washington, that are under the jurisdiction of the Defense Environmental Management Program. The lease of buildings and other facilities located at the Savannah River Site that are under the jurisdiction of the Defense Environmental Management Program. The disposal of equipment and other personal property located at the Rocky Flats Defense Environmental Technology Site, Colorado, that is under the jurisdiction of the Defense Environmental Management Program. The disposal of materials at the National Electronics Recycling Center, Oak Ridge, Tennessee that are under the jurisdiction of the Defense Environmental Management Program.
(d) Applicability of Disposal Authority.— Nothing in this section shall be construed to limit the application of subchapter II of chapter 5 and section 549 of title 40 to the disposal of equipment and other personal property covered by this section.
§ 6355 Department of Energy energy parks program
(a) In General.— The Secretary of Energy may establish a program to permit the establishment of energy parks on former defense nuclear facilities.
(b) Objectives.— The objectives for establishing energy parks pursuant to subsection (a) are the following: To provide locations to carry out a broad range of projects relating to the development and deployment of energy technologies and related advanced manufacturing technologies. To provide locations for the implementation of pilot programs and demonstration projects for new and developing energy technologies and related advanced manufacturing technologies. To set a national example for the development and deployment of energy technologies and related advanced manufacturing technologies in a manner that will promote energy security, energy sector employment, and energy independence. To create a business environment that encourages collaboration and interaction between the public and private sectors.
(c) Consultation.— In establishing an energy park pursuant to subsection (a), the Secretary shall consult with— the local government with jurisdiction over the land on which the energy park will be located; the local governments of adjacent areas; and any community reuse organization recognized by the Secretary at the former defense nuclear facility on which the energy park will be located.
(d) Report Required.— Not later than 120 days after January 7, 2011 , the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the program under subsection (a). The report shall include such recommendations for additional legislative actions as the Secretary considers appropriate to facilitate the development of energy parks on former defense nuclear facilities.
(e) Defense Nuclear Facility Defined.— In this section, the term “defense nuclear facility” has the meaning given the term “Department of Energy defense nuclear facility” in section 318 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286g ).
§ 6356 Authority to use passenger carriers for contractor commuting
(a) Authority.— If and to the extent that the Administrator deems it appropriate to further mission activities under section 3211 of the National Nuclear Security Administration Act ( 50 U.S.C. 2401 ), a passenger carrier may be used to provide transportation services to contractor employees between the covered facility of the contractor employee and a mass transit facility in accordance with any applicable transportation plan adopted by the Administrator pursuant to this section.
(b) Plan Requests and Approval.— The Administrator— shall— provide Management and Operating contractors at covered facilities the opportunity to, on a voluntary basis, submit, through the cognizant contracting officer of the applicable covered facility, a plan to provide transportation services described in subsection (a) for contractor employees at the covered facility; and review each such plan submitted in accordance with clause (i); and may approve each such plan if the requirements described in clauses (i) through (iv) of paragraph (2)(B) are satisfied. Each plan submitted pursuant to paragraph (1)(A)— may include proposals for parking facilities, road improvements, real property acquisition, passenger carrier services, and commuting cost deferment payments to contractor employees; and shall include— a description of how the use of passenger carriers will facilitate the mission of the covered facility; a description of how the plan will be economical and advantageous to the Federal Government; a summary of the benefits that will be provided under the plan and how costs will be monitored; and a description of how the plan will alleviate traffic congestion, reduce commuting times, and improve recruitment and retention of contractor employees. The Administrator may delegate to the Senior Procurement Executive of the Administration the approval of any plan submitted under this subsection.
(c) Reimbursement.— The Administration may reimburse a contractor for the costs of transportation services incurred pursuant to a plan approved under subsection (b) using funds appropriated to the Administration.
(d) Implementation.— In carrying out a plan approved under subsection (b), the Administrator, to the maximum extent practicable and consistent with sound budget policy, shall— require the use of alternative fuel vehicles to provide transportation services; ensure funds spent for this plan further the mission activities of the Administration under section 3211 of the National Nuclear Security Administration Act ( 50 U.S.C. 2401 ); and ensure that the time during which a contractor employee uses transportation services shall not be included for purposes of calculating the hours of work for such contractor employee.
(e) Definitions.— In this section: The term “contractor employee” means an employee of a Management and Operating contractor or subcontractor employee at any tier. The term “covered facility” means any facility of the Administration that directly supports the mission of the Administration under section 3211 of the National Nuclear Security Administration Act ( 50 U.S.C. 2401 ). The term “Management and Operating contractor” means a management and operating contractor that manages a covered facility. The term “passenger carrier” means a passenger motor vehicle, aircraft, boat, ship, train, or other similar means of transportation that is owned, leased, or provided pursuant to contract or subcontract by the Federal Government or through a contractor of the Administration.
§ 6361 Payment of costs of operation and maintenance of infrastructure at Nevada National Security Site
Notwithstanding any other provision of law and effective as of September 30, 1996 , the costs associated with operating and maintaining the infrastructure at the Nevada National Security Site, Nevada, with respect to any activities initiated at the site after that date by the Department of Defense pursuant to a work-for-others agreement may be paid for from funds authorized to be appropriated to the Department of Energy for activities at the Nevada National Security Site. (Added Pub. L. 119–60, div. C, title XXXI, § 3111(a) , Dec. 18, 2025 , 139 Stat. 1457 .)
§ 6362 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 6338.
(b) Purposes.— The purposes of the consortium under subsection (a) are as follows: To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. 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.— 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. The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to— defense nuclear nonproliferation; arms control; nuclear deterrence; the study of foreign nuclear programs; nuclear security; or educating and training the next generation of defense nuclear policy experts.