719 SS Statutes

§§ 2482, 2483

TITLE 50—WAR AND NATIONAL DEFENSE

Secretary of Energy determines are needed to
perform that function, power, or duty, or for
that activity, as the case may be, shall be transferred to the Administration.
(2) The authorized strength in civilian employees of any element of the Department of Energy
from which employees are transferred under this
section is reduced by the number of employees
so transferred.
(Pub. L. 106–65, div. C, title XXXII, § 3291, Oct. 5,
1999, 113 Stat. 968; Pub. L. 112–239, div. C, title
XXXI, § 3132(b)(1), Jan. 2, 2013, 126 Stat. 2185;
Pub. L. 113–66, div. C, title XXXI, § 3145(j), Dec.
26, 2013, 127 Stat. 1072.)
AMENDMENTS
2013—Subsec. (c). Pub. L. 112–239, § 3132(b)(1)(A), substituted ‘‘of the Administration’’ for ‘‘specified in subsection (a)’’.
Subsec. (d). Pub. L. 112–239, § 3132(b)(1)(B), added subsec. (d).
Subsec. (d)(1). Pub. L. 113–66 realigned margins of
concluding provisions.
Subsec. (e). Pub. L. 112–239, § 3132(b)(1)(B), added subsec. (e).
CONSTRUCTION
Pub. L. 112–239, div. C, title XXXI, § 3132(b)(3), Jan. 2,
2013, 126 Stat. 2186, provided that: ‘‘Nothing in section
3291 of the National Nuclear Security Administration
Act (50 U.S.C. 2481), as amended by paragraph (1), may
be construed to affect any function or activity transferred by the Secretary of Energy to the Administrator
for Nuclear Security before the date of the enactment
of this Act [Jan. 2, 2013].’’
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the advanced scientific computing research
program and activities at Lawrence Livermore National Laboratory, including the functions of the Secretary of Energy relating thereto, to the Secretary of
Homeland Security, see sections 183(1), 551(d), 552(d),
and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.

§§ 2482, 2483. Repealed. Pub. L. 112–239, div. C,
title XXXI, § 3132(c)(1)(B), (C), Jan. 2, 2013,
126 Stat. 2186, 2187
Section 2482, Pub. L. 106–65, div. C, title XXXII, § 3292,
Oct. 5, 1999, 113 Stat. 969, related to transfer of funds
and employees.
Section 2483, Pub. L. 106–65, div. C, title XXXII, § 3295,
Oct. 5, 1999, 113 Stat. 970, related to transition provisions.

§ 2484. Applicability of preexisting laws and regulations
With respect to any facility, mission, or function of the Department of Energy that the Secretary of Energy transfers to the Administrator
under section 2481 of this title, unless otherwise
provided in this chapter, all provisions of law
and regulations in effect immediately before the
date of the transfer that are applicable to such
facility, mission, or function shall continue to
apply to the corresponding functions of the Administration.
(Pub. L. 106–65, div. C, title XXXII, § 3296, Oct. 5,
1999, 113 Stat. 971; Pub. L. 112–239, div. C, title
XXXI, § 3132(b)(2), Jan. 2, 2013, 126 Stat. 2186.)

Page 364

REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title XXXII of div. C of Pub. L.
106–65, Oct. 5, 1999, 113 Stat. 953, as amended, which is
classified principally to this chapter. For effective date
of this chapter, see section 3299 of Pub. L. 106–65, set
out as an Effective Date note under section 2401 of this
title. For complete classification of title XXXII to the
Code, see Short Title note set out under section 2401 of
this title and Tables.
AMENDMENTS
2013—Pub. L. 112–239 amended section generally. Prior
to amendment, text read as follows: ‘‘Unless otherwise
provided in this chapter, all provisions of law and regulations in effect immediately before the effective date
of this chapter that are applicable to functions of the
Department of Energy specified in section 2481 of this
title shall continue to apply to the corresponding functions of the Administration.’’

CHAPTER 42—ATOMIC ENERGY DEFENSE
PROVISIONS
Sec.

2501.
Definitions.
SUBCHAPTER I—ORGANIZATIONAL MATTERS
2511.
2512.

Naval Nuclear Propulsion Program.
Management structure for nuclear security
enterprise.
2513.
Restriction on licensing requirement for certain defense activities and facilities.
2514.
Transferred.
2515.
Establishment of Center for Security Technology, Analysis, Response, and Testing.
SUBCHAPTER II—NUCLEAR WEAPONS STOCKPILE
MATTERS
PART A—STOCKPILE STEWARDSHIP AND WEAPONS
PRODUCTION
2521.
2522.
2523.

Stockpile stewardship program.
Stockpile stewardship criteria.
Nuclear weapons stockpile stewardship, management, and responsiveness plan.
2523a.
Repealed.
2523b.
Transferred.
2523c.
Major warhead refurbishment program.
2524.
Stockpile management program.
2524a.
Repealed.
2525.
Annual assessments and reports to the President and Congress regarding the condition
of the United States nuclear weapons stockpile.
2526.
Form of certifications regarding the safety or
reliability of the nuclear weapons stockpile.
2527.
Nuclear test ban readiness program.
2528, 2528a. Repealed.
2529.
Requirements for specific request for new or
modified nuclear weapons.
2530.
Testing of nuclear weapons.
2531.
Repealed.
2532.
Manufacturing infrastructure for refabrication and certification of nuclear weapons
stockpile.
2533.
Reports on critical difficulties at national security laboratories and nuclear weapons
production facilities.
2534.
Repealed.
2535.
Replacement project for Chemistry and Metallurgy Research Building, Los Alamos National Laboratory, New Mexico.
2536.
Reports on lifetime extension programs.
2537.
Selected Acquisition Reports and independent
cost estimates and reviews of certain programs and facilities.
2538.
Advice to President and Congress regarding
safety, security, and reliability of United
States nuclear weapons stockpile.

§ 7256

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sponsibilities under the Natural Gas Policy Act
of 1978 [15 U.S.C. 3301 et seq.], the Commission
shall have the same powers and authority as the
Secretary has under this section.
(Pub. L. 95–91, title VI, § 645, Aug. 4, 1977, 91 Stat.
599; Pub. L. 95–621, title V, § 508(a), Nov. 9, 1978,
92 Stat. 3408.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat.
565, known as the Department of Energy Organization
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 7101 of this title
and Tables.
The Natural Gas Policy Act of 1978, referred to in
text, is Pub. L. 95–621, Nov. 9, 1978, 92 Stat. 3350, which
is classified generally to chapter 60 (§ 3301 et seq.) of
Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set
out under section 3301 of Title 15 and Tables.
AMENDMENTS
1978—Pub. L. 95–621 inserted provision giving the
Commission the same powers and authority as the Secretary under this section for purposes of carrying out
its responsibilities under the Natural Gas Policy Act of
1978.

§ 7256. Contracts, leases, etc., with public agencies and private organizations and persons
(a) General authority
The Secretary is authorized to enter into and
perform such contracts, leases, cooperative
agreements, or other similar transactions with
public agencies and private organizations and
persons, and to make such payments (in lump
sum or installments, and by way of advance or
reimbursement) as he may deem to be necessary
or appropriate to carry out functions now or
hereafter vested in the Secretary.
(b) Limitation on authority; appropriations
Notwithstanding any other provision of this
subchapter, no authority to enter into contracts
or to make payments under this subchapter
shall be effective except to such extent or in
such amounts as are provided in advance in appropriation Acts.
(c) Leasing of excess Department of Energy property
The Secretary may lease, upon terms and conditions the Secretary considers appropriate to
promote national security or the public interest,
acquired real property and related personal
property that—
(1) is located at a facility of the Department
of Energy to be closed or reconfigured;
(2) at the time the lease is entered into, is
not needed by the Department of Energy; and
(3) is under the control of the Department of
Energy.
(d) Terms of lease
(1) A lease entered into under subsection (c)
may not be for a term of more than 10 years, except that the Secretary may enter into a lease
that includes an option to renew for a term of
more than 10 years if the Secretary determines
that entering into such a lease will promote the
national security or be in the public interest.

Page 6270

(2) A lease entered into under subsection (c)
may provide for the payment (in cash or in kind)
by the lessee of consideration in an amount that
is less than the fair market rental value of the
leasehold interest. Services relating to the protection and maintenance of the leased property
may constitute all or part of such consideration.
(e) Environmental concerns
(1) Before entering into a lease under subsection (c), the Secretary shall consult with the
Administrator of the Environmental Protection
Agency (with respect to property located on a
site on the National Priorities List) or the appropriate State official (with respect to property
located on a site that is not listed on the National Priorities List) to determine whether the
environmental conditions of the property are
such that leasing the property, and the terms
and conditions of the lease agreement, are consistent with safety and the protection of public
health and the environment.
(2) Before entering into a lease under subsection (c), the Secretary shall obtain the concurrence of the Administrator of the Environmental Protection Agency or the appropriate
State official, as the case may be, in the determination required under paragraph (1). The Secretary may enter into a lease under subsection
(c) without obtaining such concurrence if, within 60 days after the Secretary requests the concurrence, the Administrator or appropriate
State official, as the case may be, fails to submit to the Secretary a notice of such individual’s concurrence with, or rejection of, the determination.
(f) Retention and use of rentals; report
To the extent provided in advance in appropriations Acts, the Secretary may retain and
use money rentals received by the Secretary directly from a lease entered into under subsection (c) in any amount the Secretary considers necessary to cover the administrative expenses of the lease, the maintenance and repair
of the leased property, or environmental restoration activities at the facility where the
leased property is located. Amounts retained
under this subsection shall be retained in a separate fund established in the Treasury for such
purpose. The Secretary shall annually submit to
the Congress a report on amounts retained and
amounts used under this subsection.
(g) Additional authorities
(1) In addition to authority granted to the Secretary under any other provision of law, the Secretary may exercise the same authority to enter
into transactions (other than contracts, cooperative agreements, and grants), subject to the
same terms and conditions as the Secretary of
Defense under section 2371 of title 10 (other than
subsections (b) and (f) of that section).
(2) In applying section 2371 of title 10 to the
Secretary under paragraph (1)—
(A) the term ‘‘basic’’ shall be replaced by the
term ‘‘research’’;
(B) the term ‘‘applied’’ shall be replaced by
the term ‘‘development’’; and
(C) the terms ‘‘advanced research projects’’
and ‘‘advanced research’’ shall be replaced by
the term ‘‘demonstration projects’’.

Page 6271

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(3) The authority of the Secretary under paragraph (1) shall not be subject to—
(A) section 5908 of this title; or
(B) section 2182 of this title.
(4)(A) The Secretary shall use such competitive, merit-based selection procedures in entering into transactions under paragraph (1), as the
Secretary determines in writing to be practicable.
(B) A transaction under paragraph (1) shall relate to a research, development, or demonstration project only if the Secretary determines in
writing that the use of a standard contract,
grant, or cooperative agreement for the project
is not feasible or appropriate.
(5) The Secretary may protect from disclosure,
for up to 5 years after the date on which the information is developed, any information developed pursuant to a transaction under paragraph
(1) that would be protected from disclosure
under section 552(b)(4) of title 5, if obtained from
a person other than a Federal agency.
(6)(A) Not later than 90 days after August 8,
2005, the Secretary shall issue guidelines for
transactions under paragraph (1).
(B) The guidelines shall be published in the
Federal Register for public comment in accordance with rulemaking procedures of the Department.
(C) The Secretary shall not have authority to
carry out transactions under paragraph (1) until
the guidelines for transactions required under
subparagraph (A) are final.
(7) The annual report of the head of an executive agency under section 2371(h) 1 of title 10
shall be submitted to Congress.
(8)(A) In this paragraph, the term ‘‘nontraditional Government contractor’’ has the meaning
given the term ‘‘nontraditional defense contractor’’ in section 845(f) 1 of the National Defense
Authorization Act for Fiscal Year 1994 (Public
Law 103–160; 10 U.S.C. 2371 note).
(B) Not later than 1 year after the date on
which the final guidelines are published under
paragraph (6), the Comptroller General of the
United States shall submit to Congress a report
describing—
(i) the use by the Department of authorities
under this section, including the ability to attract nontraditional Government contractors;
and
(ii) whether additional safeguards are necessary to carry out the authorities.
(9) The authority of the Secretary under this
subsection may be delegated only to an officer
of the Department who is appointed by the
President by and with the advice and consent of
the Senate.
(10) Notwithstanding any other provision of
law, the authority to enter into transactions
under paragraph (1) shall terminate on September 30, 2020.
(Pub. L. 95–91, title VI, § 646, Aug. 4, 1977, 91 Stat.
599; Pub. L. 103–160, div. C, title XXXI, § 3154,
Nov. 30, 1993, 107 Stat. 1952; Pub. L. 109–58, title
X, § 1007, Aug. 8, 2005, 119 Stat. 932; Pub. L.
111–383, div. C, title XXXI, § 3118, Jan. 7, 2011, 124
Stat. 4514; Pub. L. 113–66, div. C, title XXXI,
§ 3119, Dec. 26, 2013, 127 Stat. 1059.)
1 See

References in Text note below.

§ 7256

REFERENCES IN TEXT
Section 2371(h) of title 10, referred to in subsec. (g)(7),
was repealed by Pub. L. 113–291, div. A, title X,
§ 1071(f)(20), Dec. 19, 2014, 128 Stat. 3511.
Section 845(f) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.
2371 note), referred to in subsec. (g)(8)(A), was repealed
by Pub. L. 114–92, div. A, title VIII, § 815(c), Nov. 25,
2015, 129 Stat. 896. See section 2371b(e) of Title 10,
Armed Forces.
AMENDMENTS
2013—Subsec. (g)(10). Pub. L. 113–66 substituted ‘‘September 30, 2020’’ for ‘‘September 30, 2015’’.
2011—Subsec. (g)(10). Pub. L. 111–383 substituted ‘‘September 30, 2015’’ for ‘‘September 30, 2010’’.
2005—Subsec. (g). Pub. L. 109–58 added subsec. (g).
1993—Subsecs. (c) to (f). Pub. L. 103–160 added subsecs.
(c) to (f).
SMALL BUSINESS CONTRACTING
Pub. L. 109–13, div. A, title VI, § 6022(a), (b), May 11,
2005, 119 Stat. 285, provided that:
‘‘(a) Not later than September 30, 2005, the Department of Energy and the Small Business Administration
shall enter into a memorandum of understanding setting forth an appropriate methodology for measuring
the achievement of the Department of Energy with respect to awarding contracts to small businesses.
‘‘(b) The methodology set forth in the memorandum
of understanding entered into under subsection (a)
shall, at a minimum, include—
‘‘(1) a method of counting the achievement of the
Department of Energy in awards of—
‘‘(A) prime contracts; and
‘‘(B) subcontracts to small businesses awarded by
Department of Energy management and operating,
management and integration, and other facility
management prime contractors; and
‘‘(2) uniform criteria that could be used by prime
contractors when measuring the value and number of
subcontracts awarded to small businesses.’’
PILOT PROGRAM RELATING TO USE OF PROCEEDS OF
DISPOSAL OR UTILIZATION OF CERTAIN DEPARTMENT
OF ENERGY ASSETS
Pub. L. 105–85, div. C, title XXXI, § 3138, Nov. 18, 1997,
111 Stat. 2039, which was formerly set out as a note
under this section, was renumbered section 4833 of Pub.
L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C,
title XXXI, § 3141(k)(13)(A)–(C), Nov. 24, 2003, 117 Stat.
1786, and is classified to section 2813 of Title 50, War
and National Defense.
GOAL FOR
NESSES AND CERTAIN
CATION

CONTRACT

SMALL DISADVANTAGED BUSIINSTITUTIONS OF HIGHER EDU-

Pub. L. 103–160, div. C, title XXXI, § 3159, Nov. 30, 1993,
107 Stat. 1956, as amended by Pub. L. 103–337, div. A,
title X, § 1070(b)(16), Oct. 5, 1994, 108 Stat. 2857, provided
that:
‘‘(a) GOAL.—Except as provided in subsection (c), a
goal of 5 percent of the amount described in subsection
(b) shall be the objective of the Department of Energy
in carrying out national security programs of the Department in each of fiscal years 1994 through 2000 for
the total combined amount obligated for contracts and
subcontracts entered into with—
‘‘(1) small business concerns, including mass media
and advertising firms, owned and controlled by socially and economically disadvantaged individuals (as
such term is used in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and regulations issued
under that section), the majority of the earnings of
which directly accrue to such individuals;
‘‘(2) historically Black colleges and universities, including any nonprofit research institution that was

§§ 7256a, 7256b

TITLE 42—THE PUBLIC HEALTH AND WELFARE

an integral part of such a college or university before
November 14, 1986; and
‘‘(3) minority institutions (as defined in section
1046(3) of the Higher Education Act of 1965 (20 U.S.C.
1135d-5(3))), which, for the purposes of this section,
shall include Hispanic-serving institutions (as defined
in section 316(b)(1) of such Act (20 U.S.C. 1059c(b)(1))).
‘‘(b) AMOUNT.—(1) Except as provided in paragraph (2),
the requirements of subsection (a) for any fiscal year
apply to the combined total of the funds obligated for
contracts entered into by the Department of Energy
pursuant to competitive procedures for such fiscal year
for purposes of carrying out national security programs
of the Department.
‘‘(2) In computing the combined total of funds under
paragraph (1) for a fiscal year, funds obligated for such
fiscal year for contracts for naval reactor programs
shall not be included.
‘‘(c) APPLICABILITY.—Subsection (a) does not apply—
‘‘(1) to the extent to which the Secretary of Energy
determines that compelling national security considerations require otherwise; and
‘‘(2) if the Secretary notifies the Congress of such a
determination and the reasons for the determination.’’
BUSINESS CONCERNS PARTICIPATION IN PROGRAMS FUNDED BY DEPARTMENT OF ENERGY ACT OF
1978—CIVILIAN APPLICATIONS; REPORT TO CONGRESSIONAL COMMITTEES

SMALL

Pub. L. 95–238, title II, § 204, Feb. 25, 1978, 92 Stat. 59,
as amended by Pub. L. 96–470, title II, § 203(f), Oct. 19,
1980, 94 Stat. 2243, provided that:
‘‘(a) In carrying out the programs for which funds are
authorized by this Act [see Tables for classification],
the Secretary of Energy shall provide a realistic and
adequate opportunity for small business concerns to
participate in such programs to the optimum extent
feasible consistent with the size and nature of the
projects and activities involved.
‘‘(b) The Secretary of Energy shall submit annually
to the appropriate committees of the House of Representatives and the Senate a full report on the actions
taken in carrying out subsection (a) during the preceding year, including the extent to which small business
concerns are participating in the programs involved
and in projects and activities of various types and sizes
within each such program, and indicating the steps currently taken to assure such participation in the future.
Such report shall also contain such information as may
be required by section 308 of the Act of December 31,
1975 (42 U.S.C. 5878a; 89 Stat. 1074).’’
[For termination, effective May 15, 2000, of reporting
provisions in section 204(b) of Pub. L. 95–238, set out
above, see section 3003 of Pub. L. 104–66, as amended, set
out as a note under section 1113 of Title 31, Money and
Finance, and the 21st item on page 89 of House Document No. 103–7.]

§§ 7256a, 7256b. Transferred
CODIFICATION
Section 7256a, Pub. L. 99–145, title XV, § 1534, Nov. 8,
1985, 99 Stat. 774; Pub. L. 100–180, div. C, title I, § 3131(a),
Dec. 4, 1987, 101 Stat. 1238, which related to costs not allowed under covered contracts, was renumbered section
4801 of Pub. L. 107–314, the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, by Pub. L.
108–136, div. C, title XXXI, § 3141(k)(2)(A)–(C), Nov. 24,
2003, 117 Stat. 1783, and is classified to section 2781 of
Title 50, War and National Defense.
Section 7256b, Pub. L. 101–189, div. C, title XXXI,
§ 3151, Nov. 29, 1989, 103 Stat. 1682, which related to the
prohibition of bonuses to contractors operating defense
nuclear facilities, was renumbered section 4802 of Pub.
L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C,
title XXXI, § 3141(k)(3)(A)–(C), Nov. 24, 2003, 117 Stat.
1783, and is classified to section 2782 of Title 50, War
and National Defense.

Page 6272

§ 7257. Acquisition, construction, etc., of laboratories, research and testing sites, etc.
The Secretary is authorized to acquire (by
purchase, lease, condemnation, or otherwise),
construct, improve, repair, operate, and maintain laboratories, research and testing sites and
facilities, quarters and related accommodations
for employees and dependents of employees of
the Department, personal property (including
patents), or any interest therein, as the Secretary deems necessary; and to provide by contract or otherwise for eating facilities and other
necessary facilities for the health and welfare of
employees of the Department at its installations
and purchase and maintain equipment therefor.
(Pub. L. 95–91, title VI, § 647, Aug. 4, 1977, 91 Stat.
599.)
PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT
REGARDING DEPARTMENT OF ENERGY CONSTRUCTION
PROJECTS
Pub. L. 106–65, div. C, title XXXI, § 3175, Oct. 5, 1999,
113 Stat. 950, provided that:
‘‘(a) REQUIREMENT.—(1) The Secretary of Energy shall
carry out a pilot program on use of project management oversight services (in this section referred to as
‘PMO services’) for construction projects of the Department of Energy.
‘‘(2) The purpose of the pilot program shall be to provide a basis for determining whether or not the use of
competitively procured, external PMO services for
those construction projects would permit the Department to control excessive costs and schedule delays associated with those construction projects that have
large capital costs.
‘‘(b) PROJECTS COVERED BY PROGRAM.—(1) Subject to
paragraph (2), the Secretary shall carry out the pilot
program at construction projects selected by the Secretary. The projects shall include one or more construction projects authorized pursuant to section 3101
[113 Stat. 915] and one construction project authorized
pursuant to section 3102 [113 Stat. 917].
‘‘(2) Each project selected by the Secretary shall be a
project having capital construction costs anticipated
to be not less than $25,000,000.
‘‘(c) SERVICES UNDER PROGRAM.—The PMO services
used under the pilot program shall include the following services:
‘‘(1) Monitoring the overall progress of a project.
‘‘(2) Determining whether or not a project is on
schedule.
‘‘(3) Determining whether or not a project is within
budget.
‘‘(4) Determining whether or not a project conforms
with plans and specifications approved by the Department.
‘‘(5) Determining whether or not a project is being
carried out efficiently and effectively.
‘‘(6) Any other management oversight services that
the Secretary considers appropriate for purposes of
the pilot program.
‘‘(d) PROCUREMENT OF SERVICES UNDER PROGRAM.—
Any PMO services procured under the pilot program
shall be acquired—
‘‘(1) on a competitive basis; and
‘‘(2) from among commercial entities that—
‘‘(A) do not currently manage or operate facilities
at a location where the pilot program is being conducted; and
‘‘(B) have an expertise in the management of
large construction projects.
‘‘(e) REPORT.—Not later than February 1, 2000, the
Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the pilot program. The report shall include the assessment of the Secretary as to the feasibil-

Page 6269

TITLE 42—THE PUBLIC HEALTH AND WELFARE

DEPARTMENT OF ENERGY SECURITY MANAGEMENT
BOARD
Pub. L. 105–85, div. C, title XXXI, § 3161, Nov. 18, 1997,
111 Stat. 2048, required the Secretary of Energy to establish the Department of Energy Security Management Board, and provided for its duties which related
to the security functions of the Department, and its
membership, appointments, personnel, compensation,
expenses, and termination on Oct. 31, 2000, prior to repeal by Pub. L. 106–65, div. C, title XXXI, § 3142(h)(1),
Oct. 5, 1999, 113 Stat. 933.

§ 7252. Delegation
Except as otherwise expressly prohibited by
law, and except as otherwise provided in this
chapter, the Secretary may delegate any of his
functions to such officers and employees of the
Department as he may designate, and may authorize such successive redelegations of such
functions within the Department as he may
deem to be necessary or appropriate.
(Pub. L. 95–91, title VI, § 642, Aug. 4, 1977, 91 Stat.
599.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat.
565, known as the Department of Energy Organization
Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 7101 of this title
and Tables.
REORGANIZATION OF FIELD ACTIVITIES AND
MANAGEMENT OF NATIONAL SECURITY FUNCTIONS
Pub. L. 104–206, title III, § 302, Sept. 30, 1996, 110 Stat.
2999, provided that: ‘‘None of the funds appropriated by
this or any other Act may be used to implement section 3140 of H.R. 3230 as reported by the Committee of
Conference on July 30, 1996 [Pub. L. 104–201, set out
below]. The Secretary of Energy shall develop a plan to
reorganize the field activities and management of the
national security functions of the Department of Energy and shall submit such plan to the Congress not
later than 120 days after the date of enactment of this
Act [Sept. 30, 1996]. The plan will specifically identify
all significant functions performed by the Department’s national security operations and area offices
and make recommendations as to where those functions should be performed.’’
Pub. L. 104–201, div. C, title XXXI, § 3140, Sept. 23,
1996, 110 Stat. 2833, which was formerly set out as a
note under this section, was renumbered section 4102 of
Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136,
div. C, title XXXI, § 3141(d)(3)(A)–(C), Nov. 24, 2003, 117
Stat. 1757, and is classified to section 2512 of Title 50,
War and National Defense.

§ 7253. Reorganization
(a) Subject to subsection (b), the Secretary is
authorized to establish, alter, consolidate or discontinue such organizational units or components within the Department as he may deem to
be necessary or appropriate. Such authority
shall not extend to the abolition of organizational units or components established by this
chapter, or to the transfer of functions vested by
this chapter in any organizational unit or component.
(b) The authority of the Secretary to establish, abolish, alter, consolidate, or discontinue
any organizational unit or component of the National Nuclear Security Administration is governed by the provisions of section 2409 of title 50.

§ 7255

(c) The authority of the Secretary under subsection (a) does not apply to the National Nuclear Security Administration. The corresponding authority that applies to the Administration
is set forth in section 2402(e) 1 of title 50.
(Pub. L. 95–91, title VI, § 643, Aug. 4, 1977, 91 Stat.
599; Pub. L. 106–377, § 1(a)(2) [title III, § 314(b)],
Oct. 27, 2000, 114 Stat. 1441, 1441A–81; Pub. L.
106–398, § 1 [div. C, title XXXI, § 3159(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A–470; Pub. L. 112–239,
div. C, title XXXI, § 3132(e), Jan. 2, 2013, 126 Stat.
2187.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977,
91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 7101 of
this title and Tables.
Section 2402(e) of title 50, referred to in subsec. (c),
probably means the subsec. (e) of section 2402 of title 50
which relates to reorganization authority and was
added by Pub. L. 106–398, § 1 [div. C, title XXXI,
§ 3159(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–469 and redesignated section 2402(f) of title 50 by Pub. L. 107–107,
div. A, title X, § 1048(i)(12), Dec. 28, 2001, 115 Stat. 1230.
AMENDMENTS
2013—Subsecs. (b), (c). Pub. L. 112–239 redesignated
subsec. (b) relating to nonapplicability of authority of
Secretary to National Nuclear Security Administration
as (c).
2000—Subsec. (a). Pub. L. 106–398, § 1 [div. C, title
XXXI, § 3159(b)(1)], which directed amendment of section by substituting ‘‘(a) Except as provided in subsection (b), the Secretary’’ for ‘‘The Secretary’’, could
not be executed because the words ‘‘The Secretary’’ did
not appear after execution of the amendment by Pub.
L. 106–377, § 1(a)(2) [title III, § 314(b)(1)]. See below.
Pub. L. 106–377, § 1(a)(2) [title III, § 314(b)(1)], designated existing provisions as subsec. (a) and substituted ‘‘Subject to subsection (b), the Secretary’’ for
‘‘The Secretary’’.
Subsec. (b). Pub. L. 106–398, § 1 [div. C, title XXXI,
§ 3159(b)(2)], added subsec. (b) relating to nonapplicability of authority of Secretary under subsec. (a) of this
section to National Nuclear Security Administration.
Pub. L. 106–377, § 1(a)(2) [title III, § 314(b)(2)], added
subsec. (b) relating to authority of Secretary as to National Nuclear Security Administration.

§ 7254. Rules and regulations
The Secretary is authorized to prescribe such
procedural and administrative rules and regulations as he may deem necessary or appropriate
to administer and manage the functions now or
hereafter vested in him.
(Pub. L. 95–91, title VI, § 644, Aug. 4, 1977, 91 Stat.
599.)
§ 7255. Subpoena
For the purpose of carrying out the provisions
of this chapter, the Secretary, or his duly authorized agent or agents, shall have the same
powers and authorities as the Federal Trade
Commission under section 49 of title 15 with respect to all functions vested in, or transferred or
delegated to, the Secretary or such agents by
this chapter. For purposes of carrying out its re1 See

References in Text note below.

Page 4149

TITLE 42—THE PUBLIC HEALTH AND WELFARE

MODIFICATION OF EXECUTIVE ORDER NO. 11477
Ex. Ord. No. 11477, Aug. 7, 1969, 34 F.R. 12937, set out
as a note above, when referring to functions of the
Atomic Energy Commission is modified to provide that
all such functions shall be exercised by the Secretary of
Energy and the Nuclear Regulatory Commission, see
section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R.
4957, set out as a note under section 7151 of this title.

§ 2188. Monopolistic use of patents
Whenever the owner of any patent hereafter
granted for any invention or discovery of primary use in the utilization or production of special nuclear material or atomic energy is found
by a court of competent jurisdiction to have intentionally used such patent in a manner so as
to violate any of the antitrust laws specified in
section 2135(a) of this title, there may be included in the judgment of the court, in its discretion and in addition to any other lawful sanctions, a requirement that such owner license
such patent to any other licensee of the Commission who demonstrates a need therefor. If
the court, at its discretion, deems that such licensee shall pay a reasonable royalty to the
owner of the patent, the reasonable royalty
shall be determined in accordance with section
2187 of this title.
(Aug. 1, 1946, ch. 724, title I, § 158, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 947; amended Pub.
L. 87–206, § 12, Sept. 6, 1961, 75 Stat. 478; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8),
Oct. 24, 1992, 106 Stat. 2944.)
AMENDMENTS
1961—Pub. L. 87–206 made it discretionary, rather
than mandatory, for the court to require payment of
royalties by a licensee to the owner of a patent.

§ 2189. Federally financed research
Nothing in this chapter shall affect the right
of the Commission to require that patents
granted on inventions, made or conceived during
the course of federally financed research or operations, be assigned to the United States.
(Aug. 1, 1946, ch. 724, title I, § 159, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 948; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
§ 2190. Saving clause for prior patent applications
Any patent application on which a patent was
denied by the United States Patent and Trademark Office under sections 1811(a)(1), 1811(a)(2),
or 1811(b) 1 of this title, and which is not prohibited by section 2181 or 2185 of this title may be
reinstated upon application to the Commissioner of Patents and Trademarks within one
year after August 30, 1954 and shall then be
deemed to have been continuously pending since
its original filing date: Provided, however, That
no patent issued upon any patent application so
reinstated shall in any way furnish a basis of
claim against the Government of the United
States.
(Aug. 1, 1946, ch. 724, title I, § 160, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 948; amended Pub.
1 See

References in Text note below.

§ 2201

L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8),
Oct. 24, 1992, 106 Stat. 2944.)
REFERENCES IN TEXT
Sections 1811(a)(1), 1811(a)(2), and 1811(b) of this title,
referred to in text, were omitted from the Code in the
general amendment and renumbering of act Aug. 1, 1946
(which was classified to section 1801 et seq. of this title)
by act Aug. 30, 1954, ch. 1073, 68 Stat. 919.
CHANGE OF NAME
Patent Office and Commissioner of Patents changed
to Patent and Trademark Office and Commissioner of
Patents and Trademarks, respectively, pursuant to
Pub. L. 93–596, § 3, Jan. 2, 1975, 88 Stat. 1949, set out as
a note under section 1 of Title 35, Patents.

SUBCHAPTER XIII—GENERAL AUTHORITY
OF COMMISSION
§ 2201. General duties of Commission
In the performance of its functions the Commission is authorized to—
(a) Establishment of advisory boards
establish advisory boards to advise with and
make recommendations to the Commission on
legislation, policies, administration, research,
and other matters, provided that the Commission issues regulations setting forth the scope,
procedure, and limitations of the authority of
each such board;
(b) Standards governing use and possession of
material
establish by rule, regulation, or order, such
standards and instructions to govern the possession and use of special nuclear material,
source material, and byproduct material as
the Commission may deem necessary or desirable to promote the common defense and security or to protect health or to minimize danger to life or property; in addition, the Commission shall prescribe such regulations or orders as may be necessary or desirable to promote the Nation’s common defense and security with regard to control, ownership, or possession of any equipment or device, or important component part especially designed for
such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235;
(c) Studies and investigations
make such studies and investigations, obtain such information, and hold such meetings
or hearings as the Commission may deem necessary or proper to assist it in exercising any
authority provided in this chapter, or in the
administration or enforcement of this chapter,
or any regulations or orders issued thereunder.
For such purposes the Commission is authorized to administer oaths and affirmations, and
by subpena to require any person to appear
and testify, or to appear and produce documents, or both, at any designated place. Witnesses subpenaed under this subsection shall
be paid the same fees and mileage as are paid
witnesses in the district courts of the United
States;
(d) Employment of personnel
appoint and fix the compensation of such officers and employees as may be necessary to

§ 2201

TITLE 42—THE PUBLIC HEALTH AND WELFARE

carry out the functions of the Commission.
Such officers and employees shall be appointed
in accordance with the civil-service laws and
their compensation fixed in accordance with
chapter 51 and subchapter III of chapter 53 of
title 5, except that, to the extent the Commission deems such action necessary to the discharge of its responsibilities, personnel may
be employed and their compensation fixed
without regard to such laws: Provided, however,
That no officer or employee (except such officers and employees whose compensation is
fixed by law, and scientific and technical personnel up to a limit of the highest rate of
grade 18 of the General Schedule) whose position would be subject to chapter 51 and subchapter III of chapter 53 of title 5, if such provisions were applicable to such position, shall
be paid a salary at a rate in excess of the rate
payable under such provisions for positions of
equivalent difficulty or responsibility. Such
rates of compensation may be adopted by the
Commission as may be authorized by chapter
51 and subchapter III of chapter 53 of title 5, as
of the same date such rates are authorized for
positions subject to such provisions. The Commission shall make adequate provision for administrative review of any determination to
dismiss any employee;
(e) Acquisition of material, property, etc.; negotiation of commercial leases
acquire such material, property, equipment,
and facilities, establish or construct such
buildings and facilities, and modify such buildings and facilities from time to time, as it
may deem necessary, and construct, acquire,
provide, or arrange for such facilities and services (at project sites where such facilities and
services are not available) for the housing,
health, safety, welfare, and recreation of personnel employed by the Commission as it may
deem necessary, subject to the provisions of
section 2224 of this title: Provided, however,
That in the communities owned by the Commission, the Commission is authorized to
grant privileges, leases and permits upon adjusted terms which (at the time of the initial
grant of any privilege grant, lease, or permit,
or renewal thereof, or in order to avoid inequities or undue hardship prior to the sale by the
United States of property affected by such
grant) are fair and reasonable to responsible
persons to operate commercial businesses
without advertising and without advertising 1
and without securing competitive bids, but
taking into consideration, in addition to the
price, and among other things (1) the quality
and type of services required by the residents
of the community, (2) the experience of each
concession applicant in the community and its
surrounding area, (3) the ability of the concession applicant to meet the needs of the community, and (4) the contribution the concession applicant has made or will make to the
other activities and general welfare of the
community;
(f) Utilization of other Federal agencies
with the consent of the agency concerned,
utilize or employ the services or personnel of
1 So

in original.

Page 4150

any Government agency or any State or local
government, or voluntary or uncompensated
personnel, to perform such functions on its behalf as may appear desirable;
(g) Acquisition of real and personal property
acquire, purchase, lease, and hold real and
personal property, including patents, as agent
of and on behalf of the United States, subject
to the provisions of section 2224 of this title,
and to sell, lease, grant, and dispose of such
real and personal property as provided in this
chapter;
(h) Consideration of license applications
consider in a single application one or more
of the activities for which a license is required
by this chapter, combine in a single license
one or more of such activities, and permit the
applicant or licensee to incorporate by reference pertinent information already filed
with the Commission;
(i) Regulations governing Restricted Data
prescribe such regulations or orders as it
may deem necessary (1) to protect Restricted
Data received by any person in connection
with any activity authorized pursuant to this
chapter, (2) to guard against the loss or diversion of any special nuclear material acquired
by any person pursuant to section 2073 of this
title or produced by any person in connection
with any activity authorized pursuant to this
chapter, to prevent any use or disposition
thereof which the Commission may determine
to be inimical to the common defense and security, including regulations or orders designating activities, involving quantities of
special nuclear material which in the opinion
of the Commission are important to the common defense and security, that may be conducted only by persons whose character, associations, and loyalty shall have been investigated under standards and specifications established by the Commission and as to whom
the Commission shall have determined that
permitting each such person to conduct the
activity will not be inimical to the common
defense and security, (3) to govern any activity authorized pursuant to this chapter, including standards and restrictions governing
the design, location, and operation of facilities
used in the conduct of such activity, in order
to protect health and to minimize danger to
life or property, and (4) to ensure that sufficient funds will be available for the decommissioning of any production or utilization facility licensed under section 2133 or 2134(b) of this
title, including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee under this
chapter that has control over any fund for the
decommissioning of the facility;
(j) Disposition of surplus materials
without regard to the provisions of the Federal Property and Administrative Services Act
of 1949, as amended,2 except section 207 of that
Act,2 or any other law, make such disposition
as it may deem desirable of (1) radioactive ma2 See

References in Text note below.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

terials, and (2) any other property, the special
disposition of which is, in the opinion of the
Commission, in the interest of the national security: Provided, however, That the property
furnished to licensees in accordance with the
provisions of subsection (m) of this section
shall not be deemed to be property disposed of
by the Commission pursuant to this subsection;
(k) Carrying of firearms; authority to make arrests without warrant
authorize such of its members, officers, and
employees as it deems necessary in the interest of the common defense and security to
carry firearms while in the discharge of their
official duties. The Commission may also authorize such of those employees of its contractors and subcontractors (at any tier) engaged
in the protection of property under the jurisdiction of the United States located at facilities owned by or contracted to the United
States or being transported to or from such facilities as it deems necessary in the interests
of the common defense and security to carry
firearms while in the discharge of their official duties. A person authorized to carry firearms under this subsection may, while in the
performance of, and in connection with, official duties, make arrests without warrant for
any offense against the United States committed in that person’s presence or for any felony
cognizable under the laws of the United States
if that person has reasonable ground to believe
that the individual to be arrested has committed or is committing such felony. An employee
of a contractor or subcontractor authorized to
carry firearms under this subsection may
make such arrests only when the individual to
be arrested is within, or in direct flight from,
the area of such offense. A person granted authority to make arrests by this subsection
may exercise that authority only in the enforcement of (1) laws regarding the property of
the United States in the custody of the Department of Energy, the Nuclear Regulatory
Commission, or a contractor of the Department of Energy or Nuclear Regulatory Commission, or (2) any provision of this chapter
that may subject an offender to a fine, imprisonment, or both. The arrest authority conferred by this subsection is in addition to any
arrest authority under other laws. The Secretary, with the approval of the Attorney General, shall issue guidelines to implement this
subsection;
(l) Repealed. Pub. L. 87–456, title III, § 303(c),
May 24, 1962, 76 Stat. 78
(m) Agreements regarding production
enter into agreements with persons licensed
under section 2133, 2134, 2073(a)(4), or 2093(a)(4)
of this title for such periods of time as the
Commission may deem necessary or desirable
(1) to provide for the processing, fabricating,
separating, or refining in facilities owned by
the Commission of source, byproduct, or other
material or special nuclear material owned by
or made available to such licensees and which
is utilized or produced in the conduct of the licensed activity, and (2) to sell, lease, or other-

§ 2201

wise make available to such licensees such
quantities of source or byproduct material,
and other material not defined as special nuclear material pursuant to this chapter, as
may be necessary for the conduct of the licensed activity: Provided, however, That any
such agreement may be canceled by the licensee at any time upon payment of such reasonable cancellation charges as may be agreed
upon by the licensee and the Commission: And
provided further, That the Commission shall establish prices to be paid by licensees for material or services to be furnished by the Commission pursuant to this subsection, which prices
shall be established on such a nondiscriminatory basis as, in the opinion of the Commission, will provide reasonable compensation to
the Government for such material or services
and will not discourage the development of
sources of supply independent of the Commission;
(n) Delegation of functions
delegate to the General Manager or other officers of the Commission any of those functions assigned to it under this chapter except
those specified in sections 2071, 2077(b), 2091,
2138, 2153, 2165(b) of this title (with respect to
the determination of those persons to whom
the Commission may reveal Restricted Data in
the national interest), 2165(f) of this title and
subsection (a) of this section;
(o) Reports
require by rule, regulation, or order, such reports, and the keeping of such records with respect to, and to provide for such inspections
of, activities and studies of types specified in
section 2051 of this title and of activities under
licenses issued pursuant to sections 2073, 2093,
2111, 2133, and 2134 of this title, as may be necessary to effectuate the purposes of this chapter, including section 2135 of this title; and
(p) Rules and regulations
make, promulgate, issue, rescind, and amend
such rules and regulations as may be necessary to carry out the purposes of this chapter.
(q) Easements for rights-of-way
The Commission is authorized and empowered, under such terms and conditions as are
deemed advisable by it, to grant easements for
rights-of-way over, across, in, and upon acquired lands under its jurisdiction and control,
and public lands permanently withdrawn or
reserved for the use of the Commission, to any
State, political subdivision thereof, or municipality, or to any individual, partnership, or
corporation of any State, Territory, or possession of the United States, for (a) railroad
tracks; (b) oil pipe lines; (c) substations for
electric power transmission lines, telephone
lines, and telegraph lines, and pumping stations for gas, water, sewer, and oil pipe lines;
(d) canals; (e) ditches; (f) flumes; (g) tunnels;
(h) dams and reservoirs in connection with
fish and wildlife programs, fish hatcheries, and
other fish-cultural improvements; (i) roads
and streets; and (j) for any other purpose or
purposes deemed advisable by the Commission:

§ 2201

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Provided, That such rights-of-way shall be
granted only upon a finding by the Commission that the same will not be incompatible
with the public interest: Provided further, That
such rights-of-way shall not include any more
land than is reasonably necessary for the purpose for which granted: And provided further,
That all or any part of such rights-of-way may
be annulled and forfeited by the Commission
for failure to comply with the terms and conditions of any grant hereunder or for nonuse
for a period of two consecutive years or abandonment of rights granted under authority
hereof. Copies of all instruments granting
easements over public lands pursuant to this
section shall be furnished to the Secretary of
the Interior.
(r) Sale of utilities and related services
Under such regulations and for such periods
and at such prices the Commission may prescribe, the Commission may sell or contract to
sell to purchasers within Commission-owned
communities or in the immediate vicinity of
the Commission community, as the case may
be, any of the following utilities and related
services, if it is determined that they are not
available from another local source and that
the sale is in the interest of the national defense or in the public interest:
(1) Electric power.
(2) Steam.
(3) Compressed air.
(4) Water.
(5) Sewage and garbage disposal.
(6) Natural, manufactured, or mixed gas.
(7) Ice.
(8) Mechanical refrigeration.
(9) Telephone service.
Proceeds of sales under this subsection shall
be credited to the appropriation currently
available for the supply of that utility or service. To meet local needs the Commission may
make minor expansions and extensions of any
distributing system or facility within or in the
immediate vicinity of a Commission-owned
community through which a utility or service
is furnished under this subsection.
(s) Succession of authority
establish a plan for a succession of authority
which will assure the continuity of direction
of the Commission’s operations in the event of
a national disaster due to enemy activity.
Notwithstanding any other provision of this
chapter, the person or persons succeeding to
command in the event of disaster in accordance with the plan established pursuant to
this subsection shall be vested with all of the
authority of the Commission: Provided, That
any such succession to authority, and vesting
of authority shall be effective only in the
event and as long as a quorum of three or
more members of the Commission is unable to
convene and exercise direction during the disaster period: Provided further, That the disaster period includes the period when attack on
the United States is imminent and the postattack period necessary to reestablish normal
lines of command;
(t) Contracts
enter into contracts for the processing, fabricating, separating, or refining in facilities

Page 4152

owned by the Commission of source, byproduct
or other material, or special nuclear material,
in accordance with and within the period of an
agreement for cooperation while comparable
services are available to persons licensed
under section 2133 or 2134 of this title: Provided, That the prices for services under such
contracts shall be no less than the prices currently charged by the Commission pursuant to
subsection (m) of this section;
(u) Additional contracts; guiding principles;
appropriations
(1) enter into contracts for such periods of
time as the Commission may deem necessary
or desirable, but not to exceed five years from
the date of execution of the contract, for the
purchase or acquisition of reactor services or
services related to or required by the operation of reactors;
(2)(A) enter into contracts for such periods
of time as the Commission may deem necessary or desirable for the purchase or acquisition of any supplies, equipment, materials, or
services required by the Commission whenever
the Commission determines that: (i) it is advantageous to the Government to make such
purchase or acquisition from commercial
sources; (ii) the furnishing of such supplies,
equipment, materials, or services will require
the construction or acquisition of special facilities by the vendors or suppliers thereof;
(iii) the amortization chargeable to the Commission constitutes an appreciable portion of
the cost of contract performance, excluding
cost of materials; and (iv) the contract for
such period is more advantageous to the Government than a similar contract not executed
under the authority of this subsection. Such
contracts shall be entered into for periods not
to exceed five years each from the date of initial delivery of such supplies, equipment, materials, or services or ten years from the date
of execution of the contracts excluding periods
of renewal under option.
(B) In entering into such contracts the Commission shall be guided by the following principles: (i) the percentage of the total cost of
special facilities devoted to contract performance and chargeable to the Commission should
not exceed the ratio between the period of contract deliveries and the anticipated useful life
of such special facilities; (ii) the desirability
of obtaining options to renew the contract for
reasonable periods at prices not to include
charges for special facilities already amortized; and (iii) the desirability of reserving in
the Commission the right to take title to the
special facilities under appropriate circumstances; and
(3) include in contracts made under this subsection provisions which limit the obligation
of funds to estimated annual deliveries and
services and the unamortized balance of such
amounts due for special facilities as the parties shall agree is chargeable to the performance of the contract. Any appropriation available at the time of termination or thereafter
made available to the Commission for operating expenses shall be available for payment of
such costs which may arise from termination

Page 4153

TITLE 42—THE PUBLIC HEALTH AND WELFARE

as the contract may provide. The term ‘‘special facilities’’ as used in this subsection
means any land and any depreciable buildings,
structures, utilities, machinery, equipment,
and fixtures necessary for the production or
furnishing of such supplies, equipment, materials, or services and not available to the vendors or suppliers for the performance of the
contract.
(v) Support of United States Enrichment Corporation
provide services in support of the United
States Enrichment Corporation, except that
the Secretary of Energy shall annually collect
payments and other charges from the Corporation sufficient to ensure recovery of the costs
(excluding depreciation and imputed interest
on original plant investments in the Department’s gaseous diffusion plants and costs
under section 2297c–2(d) 3 of this title) incurred
by the Department of Energy after October 24,
1992, in performing such services;
(w) License fees for nuclear power reactors
prescribe and collect from any other Government agency, which applies to the Commission
for, or is issued by the Commission, a license
or certificate, any fee, charge, or price which
it may require, in accordance with the provisions of section 9701 of title 31 or any other
law.
(x) Standards and instructions for bonding,
surety, or other financial arrangements, including performance bonds
Establish by rule, regulation, or order, after
public notice, and in accordance with the requirements of section 2231 of this title, such
standards and instructions as the Commission
may deem necessary or desirable to ensure—
(1) that an adequate bond, surety, or other
financial arrangement (as determined by the
Commission) will be provided, before termination of any license for byproduct material
as defined in section 2014(e)(2) of this title,
by a licensee to permit the completion of all
requirements established by the Commission
for the decontamination, decommissioning,
and reclamation of sites, structures, and
equipment used in conjunction with byproduct material as so defined, and
(2) that—
(A) in the case of any such license issued
or renewed after November 8, 1978, the
need for long-term maintenance and monitoring of such sites, structures and equipment after termination of such license will
be minimized and, to the maximum extent
practicable, eliminated; and
(B) in the case of each license for such
material (whether in effect on November 8,
1978, or issued or renewed thereafter), if
the Commission determines that any such
long-term maintenance and monitoring is
necessary, the licensee, before termination
of any license for byproduct material as
defined in section 2014(e)(2) of this title,
will make available such bonding, surety,
or other financial arrangements as may be
3 See

References in Text note below.

§ 2201

necessary to assure such long-term maintenance and monitoring.
Such standards and instructions promulgated
by the Commission pursuant to this subsection shall take into account, as determined
by the Commission, so as to avoid unnecessary
duplication and expense, performance bonds or
other financial arrangements which are required by other Federal agencies or State
agencies and/or other local governing bodies
for such decommissioning, decontamination,
and reclamation and long-term maintenance
and monitoring except that nothing in this
paragraph shall be construed to require that
the Commission accept such bonds or arrangements if the Commission determines that such
bonds or arrangements are not adequate to
carry out subparagraphs (1) and (2) of this subsection.
(Aug. 1, 1946, ch. 724, title I, § 161, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 948; amended July
14, 1956, ch. 608, 70 Stat. 553; Aug. 6, 1956, ch. 1015,
§ 4, 70 Stat. 1069; Pub. L. 85–162, title II, §§ 201,
204, Aug. 21, 1957, 71 Stat. 410; Pub. L. 85–287, § 4,
Sept. 4, 1957, 71 Stat. 613; Pub. L. 85–507, § 21(b)(1),
July 7, 1958, 72 Stat. 337; Pub. L. 85–681, §§ 6, 7,
Aug. 19, 1958, 72 Stat. 633; Pub. L. 86–300, § 1,
Sept. 21, 1959, 73 Stat. 574; Pub. L. 87–206, § 13,
Sept. 6, 1961, 75 Stat. 478; Pub. L. 87–456, title III,
§ 303(c), May 24, 1962, 76 Stat. 78; Pub. L. 87–615,
§ 12, Aug. 29, 1962, 76 Stat. 411; Pub. L. 87–793,
§ 1001(g), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–489,
§ 16, Aug. 26, 1964, 78 Stat. 606; Pub. L. 90–190, § 11,
Dec. 14, 1967, 81 Stat. 578; Pub. L. 91–452, title II,
§ 237, Oct. 15, 1970, 84 Stat. 930; Pub. L. 91–560, §§ 7,
8, Dec. 19, 1970, 84 Stat. 1474; Pub. L. 92–314, title
III, § 301, June 16, 1972, 86 Stat. 227; Pub. L.
93–377, § 7, Aug. 17, 1974, 88 Stat. 475; Pub. L.
95–604, title II, § 203, Nov. 8, 1978, 92 Stat. 3036;
Pub. L. 97–90, title II, § 211, Dec. 4, 1981, 95 Stat.
1170; Pub. L. 99–661, div. C, title I, § 3134, Nov. 14,
1986, 100 Stat. 4064; Pub. L. 100–449, title III,
§ 305(b), Sept. 28, 1988, 102 Stat. 1876; Pub. L.
101–575, § 5(b), Nov. 15, 1990, 104 Stat. 2835; renumbered title I and amended Pub. L. 102–486, title
IX, § 902(a)(4), (5), (8), Oct. 24, 1992, 106 Stat. 2944;
Pub. L. 109–58, title VI, §§ 623, 626, Aug. 8, 2005,
119 Stat. 783, 784.)
REFERENCES IN TEXT
The civil service laws, referred to in subsec. (d), are
set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title
5.
The Federal Property and Administrative Services
Act of 1949, as amended, referred to in subsec. (j), is act
June 30, 1949, ch. 288, 63 Stat. 377, as amended. Except
for title III of the Act, which is classified generally to
subchapter IV (§ 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted
by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings,
Property, and Works. Section 207 of the Act was repealed and reenacted by Pub. L. 107–217 as section 559 of
Title 40.
Section 2297c–2 of this title, referred to in subsec. (v),
was repealed by Pub. L. 104–134, title III, § 3116(a)(1),
Apr. 26, 1996, 110 Stat. 1321–349.
CODIFICATION
In subsec. (d), ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ and ‘‘such provisions’’ substituted for

§ 2201

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘the Classification Act of 1949, as amended’’ and ‘‘such
Act’’, respectively, on authority of Pub. L. 89–554, § 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
In subsec. (x)(2)(B), ‘‘November 8, 1978’’ was in the
original ‘‘the date of the enactment of this section’’,
which has been translated as the date of the enactment
of this subsection to reflect the probable intent of Congress.
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1812(a) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
AMENDMENTS
2005—Subsec. (i)(4). Pub. L. 109–58, § 626, added cl. (4).
Subsec. (w). Pub. L. 109–58, § 623, substituted ‘‘to the
Commission for, or is issued by the Commission, a license or certificate’’ for ‘‘for or is issued a license for
a utilization facility designed to produce electrical or
heat energy pursuant to section 2133 or 2134(b) of this
title, or which operates any facility regulated or certified under section 2297f or 2297f–1 of this title’’ and
‘‘section 9701’’ for ‘‘section 483a’’ and struck out ‘‘, of
applicants for, or holders of, such licenses or certificates’’ before period at end.
1992—Subsec. (v). Pub. L. 102–486, § 902(a)(4), amended
subsec. (v) generally, substituting provisions relating
to duty to provide services in support of United States
Energy Enrichment Corporation for provisions relating
to duty to enter into contracts for production or enrichment of special nuclear material.
Subsec. (w). Pub. L. 102–486, § 902(a)(5), inserted ‘‘or
which operates any facility regulated or certified under
section 2297f or 2297f–1 of this title,’’ after ‘‘2134(b) of
this title,’’ and ‘‘or certificates’’ after ‘‘holders of, such
licenses’’.
1990—Subsec. (b). Pub. L. 101–575, which directed
amendment of subsec. (b) by striking the period at the
end and inserting ‘‘; in addition, the Commission shall
prescribe such regulations or orders as may be necessary or desirable to promote the Nation’s common
defense and security with regard to control, ownership,
or possession of any equipment or device, or important
component part especially designed for such equipment
or device, capable of separating the isotopes of uranium
or enriching uranium in the isotope 235;’’, was executed
by striking the semicolon at end of subsec. (b) and
making insertion to reflect probable intent of Congress.
1988—Subsec. (v). Pub. L. 100–449 inserted in closing
provisions ‘‘For purposes of this subsection and of section 305 of Public Law 99–591 (100 Stat. 3341–209, 210),
‘foreign origin’ excludes source or special nuclear material originating in Canada.’’
1986—Subsec. (k). Pub. L. 99–661 inserted ‘‘and subcontractors (at any tier)’’ after ‘‘employees of its contractors’’, substituted ‘‘under the jurisdiction of the
United States’’ for ‘‘owned by the United States and’’,
inserted ‘‘or being transported to or from such facilities’’ after ‘‘contracted to the United States’’, inserted
after third sentence ‘‘An employee of a contractor or
subcontractor authorized to carry firearms under this
subsection may make such arrests only when the individual to be arrested is within, or in direct flight from,
the area of such offense.’’, and inserted before the semicolon at end ‘‘. The Secretary, with the approval of the
Attorney General, shall issue guidelines to implement
this subsection’’.
1981—Subsec. (k). Pub. L. 97–90 inserted provision
that a person authorized to carry firearms under this
subsection may, while in the performance of, and in
connection with, official duties, make arrests without
warrant for any offense against the United States committed in that person’s presence or for any felony cognizable under the laws of the United States if that per-

Page 4154

son has reasonable grounds to believe that the individual to be arrested has committed or is committing such
felony, that a person granted authority to make arrests
by this subsection may exercise that authority only in
the enforcement of (1) laws regarding the property of
the United States in the custody of the Department of
Energy, the Nuclear Regulatory Commission, or a contractor of the Department of Energy or Nuclear Regulatory Commission, or (2) any provision of this chapter
that may subject an offender to a fine, imprisonment,
or both, and that the arrest authority conferred by this
subsection is in addition to any arrest authority under
other laws.
1978—Subsec. (x). Pub. L. 95–604 added subsec. (x).
1974—Subsec. (i). Pub. L. 93–377 inserted provision in
cl. (2) relating to regulations or orders designating activities, involving quantities of special nuclear material important to the common defense and security,
that may be conducted by persons whose character,
etc., have been established so that if they are permitted
to conduct such activities it would not be inimical to
the common defense and security.
1972—Subsec. (w). Pub. L. 92–314 added subsec. (w).
1970—Subsec. (c). Pub. L. 91–452 struck out provisions
that no person be excused from complying with any requirements under this paragraph because of his privilege against self-incrimination, but that the immunity
provisions of the Compulsory Testimony Act of Feb. 11,
1893, apply with respect to any individual who specifically claims such privilege.
Subsec. (n). Pub. L. 91–560, § 7, struck out references
to section 2132 of this title and the finding of practical
value.
Subsec. (v). Pub. L. 91–560, § 8, substituted provisions
for the establishment of prices on a basis of recovery of
the Government’s costs over a reasonable period of
time for provisions for the establishment of prices on a
basis which will provide reasonable compensation to
the Government.
1967—Subsec. (n). Pub. L. 90–190 substituted ‘‘2077(b)’’
for ‘‘2077(a)(3)’’.
1964—Subsec. (v). Pub. L. 88–489 added subsec. (v).
1962—Subsec. (d). Pub. L. 87–793 substituted ‘‘up to a
limit of the highest rate of grade 18 of the General
Schedule of the Classification Act of 1949, as amended’’
for ‘‘up to a limit of $19,000’’.
Subsec. (l). Pub. L. 87–456 repealed subsec. (l) which
authorized the admittance free of duty into the United
States of purchases made abroad of source materials.
Subsec. (n). Pub. L. 87–615 substituted ‘‘2165(f) of this
title’’ for ‘‘2165(e) of this title’’.
1961—Subsecs. (s) to (v). Pub. L. 87–206 redesignated
subsecs. (t) to (v) as (s) to (u), respectively.
1959—Subsec. (m). Pub. L. 86–300 inserted references
to sections 2073(a)(4) and 2093(a)(4) of this title.
1958—Subsec. (d). Pub. L. 85–681, § 6, authorized the
Commission to adopt compensation rates on a retroactive basis as may be authorized by the Classification
Act for other Government employees.
Subsecs. (n) to (s). Pub. L. 85–507 redesignated subsecs. (o) to (s) as (n) to (r), respectively. Former subsec.
(n), which authorized the Commission to assign employees for instruction, education, or training by public
or private agencies, institutions of learning, laboratories, or industrial or commercial organizations, was
repealed by Pub. L. 85–507, see section 4101 et seq. of
Title 5, Government Organizations and Employees.
Subsecs. (t) to (v). Pub. L. 85–681, § 7, added subsecs.
(t) to (v).
1957—Subsec. (d). Pub. L. 85–287 inserted ‘‘up to a
limit of $19,000’’ after ‘‘scientific and technical personnel’’.
Subsec. (e). Pub. L. 85–162, § 201, inserted ‘‘(at the time
of the initial grant of any privilege grant, lease, or permit, or renewal thereof, or in order to avoid inequities
or undue hardship prior to the sale by the United
States of property affected by such grant)’’ after ‘‘adjusted terms which’’.
Subsec. (s). Pub. L. 85–162, § 204, added subsec. (s).
1956—Subsec. (e). Act July 14, 1956, inserted proviso
relating to negotiation of commercial leases without
advertising by the Commission.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (r). Act Aug. 6, 1956, added subsec. (r).
EFFECTIVE AND TERMINATION DATES OF 1988
AMENDMENT
Amendment by Pub. L. 100–449 effective on the date
the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect
on the date the Agreement ceases to be in force, see
section 501(a), (c) of Pub. L. 100–449, set out in a note
under section 2112 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–452 effective on sixtieth
day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth
day following Oct. 15, 1970, see section 260 of Pub. L.
91–452, set out as an Effective Date; Savings Provision
note under section 6001 of Title 18, Crimes and Criminal
Procedure.
EFFECTIVE DATE OF 1962 AMENDMENTS
Amendment by Pub. L. 87–793 effective on first day of
first pay period which begins on or after Oct. 11, 1962,
see section 1008 of Pub. L. 87–793.
Repeal of subsec. (l) effective with respect to articles
entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see section 501(a) of Pub.
L. 87–456.
EFFECTIVE DATE OF 1958 AMENDMENT
For effective date of amendment by Pub. L. 85–507,
see section 21(a) of Pub. L. 85–507.
REFERENCES TO UNITED STATES ENRICHMENT
CORPORATION
References to the United States Enrichment Corporation deemed, as of the privatization date (July 28, 1998),
to be references to the private corporation, see section
3116(e) of Pub. L. 104–134, set out as a note under former
section 2297 of this title.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
ORGANIZATIONAL CONFLICTS OF INTEREST
Pub. L. 95–209, § 7, Dec. 13, 1977, 91 Stat. 1483, provided
that: ‘‘The Commission shall by December 31, 1977, promulgate guidelines to be applied by the Commission in
determining whether an organization proposing to
enter into a contractual arrangement with the Commission has a conflict of interest which might impair
the contractor’s judgment or otherwise give the contractor an unfair competitive advantage.’’
APPLICABILITY TO FUNCTIONS TRANSFERRED BY
DEPARTMENT OF ENERGY ORGANIZATION ACT
Pub. L. 95–91, title VII, § 709(c)(2), Aug. 4, 1977, 91 Stat.
608, provided that: ‘‘Section 161(d) of the Atomic Energy Act of 1954 [subsec. (d) of this section] shall not
apply to functions transferred by this Act [see Short
Title note set out under section 7101 of this title].’’
TERMINATION OF ADVISORY BOARDS
Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period
following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal
Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in
the case of a board established by the Congress, its du-

§ 2201a

ration is otherwise provided by law. Advisory boards
established after Jan. 5, 1973, to terminate not later
than the expiration of the 2-year period beginning on
the date of their establishment, unless, in the case of
a board established by the President or an officer of the
Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See
sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
EMERGENCY PREPAREDNESS FUNCTIONS
For assignment of certain emergency preparedness
functions to Members of the Nuclear Regulatory Commission, see Parts 1, 2, and 21 of Ex. Ord. No. 12656, Nov.
18, 1988, 53 F.R. 47491, set out as a note under section
5195 of this title.
PRINCIPAL OFFICE BUILDING FOR ATOMIC ENERGY
COMMISSION
Act May 6, 1955, ch. 34, 69 Stat. 47, as amended by
Pub. L. 85–107, July 17, 1957, 71 Stat. 307, authorized
Atomic Energy Commission to acquire a suitable site
in or near District of Columbia and, notwithstanding
any other provision of law, to provide for construction
on such site, in accordance with plans and specifications prepared by or under direction of Commission, of
a modern office building to serve as principal office of
Commission at a total cost of not to exceed $13,300,000
and authorized to be appropriated such sums as were
necessary.
REPORT WITH RESPECT TO RENEGOTIATIONS,
REAPPRAISALS, AND SALES PROCEEDINGS
Section 203 of Pub. L. 85–162 directed Atomic Energy
Commission, Federal Housing Administration, and
Housing and Home Finance Agency to report to Joint
Committee by Jan. 31, 1958, with respect to renegotiations, reappraisals, and sales proceedings authorized
under sections 201 and 202 of Pub. L. 85–162 [amending
subsec. (e) of this section and enacting section 2325(c) of
this title].

§ 2201a. Use of firearms by security personnel
(a) Definitions
In this section, the terms ‘‘handgun’’, ‘‘rifle’’,
‘‘shotgun’’, ‘‘firearm’’, ‘‘ammunition’’, ‘‘machinegun’’,
‘‘short-barreled
shotgun’’,
and
‘‘short-barreled rifle’’ have the meanings given
the terms in section 921(a) of title 18.
(b) Authorization
Notwithstanding subsections (a)(4), (a)(5),
(b)(2), (b)(4), and (o) of section 922 of title 18, section 925(d)(3) of title 18, section 5844 of title 26,
and any law (including regulations) of a State or
a political subdivision of a State that prohibits
the transfer, receipt, possession, transportation,
importation, or use of a handgun, a rifle, a shotgun, a short-barreled shotgun, a short-barreled
rifle, a machinegun, a semiautomatic assault
weapon, ammunition for any such gun or weapon, or a large capacity ammunition feeding device, in carrying out the duties of the Commission, the Commission may authorize the security personnel of any licensee or certificate
holder of the Commission (including an employee of a contractor of such a licensee or certificate holder) to transfer, receive, possess,
transport, import, and use 1 or more such guns,
weapons, ammunition, or devices, if the Commission determines that—
(1) the authorization is necessary to the discharge of the official duties of the security
personnel; and