USC Subchapter I

in effect

10 U.S.C. § 6271 Definitions

In this subchapter: (1) The term “DOE national security authorization” means an authorization of appropriations for activities of the Department of Energy in carrying out programs necessary for national security. (2)(A) Except as provided by subparagraph (B), the term “minor construction threshold” means $30,000,000. (B) The Administrator may calculate the amount specified in subparagraph (A) based on fiscal year 2022 constant dollars if the Administrator—(i) submits to the congressional defense committees a report on the method used by the Administrator to calculate the adjustment; (ii) a period of 30 days elapses following the date of such submission; and (iii) publishes the adjusted amount in the Federal Register.

10 U.S.C. § 6272 Reprogramming

(a) In General.—Except as provided in subsection (b) and in sections 5791 and 5792 11 So in original. Probably should be “sections 6281 and 6282”. See References in Text note below. of this title, the Secretary of Energy may not use amounts appropriated pursuant to a DOE national security authorization for a program—(1) in amounts that exceed, in a fiscal year—(A) 115 percent of the amount authorized for that program by that authorization for that fiscal year; or (B) $5,000,000 more than the amount authorized for that program by that authorization for that fiscal year; or (2) which has not been presented to, or requested of, Congress. (b) Exception Where Notice-and-wait Given.—An action described in subsection (a) may be taken if—(1) the Secretary submits to the congressional defense committees a report referred to in subsection (c) with respect to such action; and (2) a period of 30 days has elapsed after the date on which such committees receive the report. (c) Report.—The report referred to in this subsection is a report containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of the proposed action. (d) Computation of Days.—In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain. (e) Limitations.—(1) In no event may the total amount of funds obligated pursuant to a DOE national security authorization for a fiscal year exceed the total amount authorized to be appropriated by that authorization for that fiscal year. (2) Funds appropriated pursuant to a DOE national security authorization may not be used for an item for which Congress has specifically denied funds.

10 U.S.C. § 6273 Minor construction projects

(a) Authority.—Using operation and maintenance funds or facilities and infrastructure funds authorized by a DOE national security authorization, the Secretary of Energy may carry out minor construction projects. (b) Annual Report.—The Secretary shall submit to the congressional defense committees on an annual basis a report on each exercise of the authority in subsection (a) during the preceding fiscal year. Each report shall provide a brief description of each minor construction project covered by the report. The report shall include with respect to each project the following:(1) The estimated original total project cost and the estimated original date of completion. (2) The percentage of the project that is complete. (3) The current estimated total project cost and estimated date of completion. (c) Cost Variation Reports to Congressional Committees.—If, at any time during the construction of any minor construction project authorized by a DOE national security authorization, the estimated cost of the project is revised and the revised cost of the project exceeds the minor construction threshold, the Secretary shall immediately submit to the congressional defense committees a report explaining the reasons for the cost variation. (d) Notification Required for Certain Projects.—Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until—(1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and (2) a period of 15 days has elapsed after the date on which such notification is received. (e) Minor Construction Project Defined.—In this section, the term “minor construction project” means any plant project not specifically authorized by law for which the approved total estimated cost does not exceed the minor construction threshold.

10 U.S.C. § 6274 General plant projects

Plant or construction projects for which amounts are made available under this and subsequent appropriation Acts 11 See References in Text note below. with a current estimated cost of less than $10,000,000 are considered for purposes of section 6273 as a plant project for which the approved total estimated cost does not exceed the minor construction threshold and for purposes of section 6275 as a construction project with a current estimated cost of less than a minor construction threshold.

10 U.S.C. § 6275 Limits on construction projects

(a) Construction Cost Ceiling.—Except as provided in subsection (b), construction on a construction project which is in support of national security programs of the Department of Energy and was authorized by a DOE national security authorization may not be started, and additional obligations in connection with the project above the total estimated cost may not be incurred, whenever the current estimated cost of the construction project exceeds by more than 25 percent the higher of—(1) the amount authorized for the project; or (2) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress. (b) Exception Where Notice-and-wait Given.—An action described in subsection (a) may be taken if—(1) the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the circumstances making such action necessary; and (2) a period of 30 days has elapsed after the date on which the report is received by the committees. (c) Computation of Days.—In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain. (d) Exception for Minor Projects.—Subsection (a) does not apply to a construction project with a current estimated cost of less than the minor construction threshold.

10 U.S.C. § 6276 Fund transfer authority

(a) Transfer to Other Federal Agencies.—The Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to a DOE national security authorization to other Federal agencies for the performance of work for which the funds were authorized. Funds so transferred may be merged with and be available for the same purposes and for the same time period as the authorizations of the Federal agency to which the amounts are transferred. (b) Transfer Within Department of Energy.—(1) Subject to paragraph (2), the Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to a DOE national security authorization to any other DOE national security authorization. Amounts of authorizations so transferred may be merged with and be available for the same purposes and for the same period as the authorization to which the amounts are transferred. (2) Not more than 5 percent of any such authorization may be transferred to another authorization under paragraph (1). No such authorization may be increased or decreased by more than 5 percent by a transfer under such paragraph. (c) Limitations.—The authority provided by this subsection to transfer authorizations—(1) may be used only to provide funds for items relating to activities necessary for national security programs that have a higher priority than the items from which the funds are transferred; and (2) may not be used to provide funds for an item for which Congress has specifically denied funds. (d) Notice to Congress.—The Secretary of Energy shall promptly notify the congressional defense committees of any transfer of funds to or from any DOE national security authorization.

10 U.S.C. § 6277 Conceptual and construction design

(a) Conceptual Design.—(1) Subject to paragraph (2) and except as provided in paragraph (3), before submitting to Congress a request for funds for a construction project that is in support of a national security program of the Department of Energy, the Secretary of Energy shall complete a conceptual design for that project. (2) If the estimated cost of completing a conceptual design for a construction project exceeds $5,000,000, the Secretary shall submit to Congress a request for funds for the conceptual design before submitting a request for funds for the construction project. (3) The requirement in paragraph (1) does not apply to a request for funds—(A) for a construction project the total estimated cost of which is less than the minor construction threshold; or (B) for emergency planning, design, and construction activities under section 6278. (b) Construction Design.—(1) Within the amounts authorized by a DOE national security authorization, the Secretary may carry out construction design (including architectural and engineering services) in connection with any proposed construction project if the total estimated cost for such design does not exceed $5,000,000. (2) If the total estimated cost for construction design in connection with any construction project exceeds $5,000,000, funds for that design must be specifically authorized by law.

10 U.S.C. § 6278 Authority for emergency planning, design, and construction activities

(a) Authority.—The Secretary of Energy may use any funds available to the Department of Energy pursuant to a DOE national security authorization, including funds authorized to be appropriated for advance planning, engineering, and construction design, and for plant projects, to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property. (b) Limitation.—The Secretary may not exercise the authority under subsection (a) in the case of a construction project until the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this section and the circumstances making those activities necessary. (c) Specific Authority.—The requirement of section 6277(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section.

10 U.S.C. § 6279 Scope of authority to carry out plant projects

In carrying out programs necessary for national security, the authority of the Secretary of Energy to carry out plant projects includes authority for maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto.

10 U.S.C. § 6280 Availability of funds

(a) In General.—Except as provided in subsection (b), amounts appropriated pursuant to a DOE national security authorization for operation and maintenance or for plant projects may, when so specified in an appropriations Act, remain available until expended. (b) Exception for Program Direction Funds.—Amounts appropriated for program direction pursuant to a DOE national security authorization for a fiscal year shall remain available to be obligated only until the end of that fiscal year.

10 U.S.C. § 6281 Transfer of defense environmental cleanup funds

(a) Transfer Authority for Defense Environmental Cleanup Funds.—The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer defense environmental cleanup funds from a program or project under the jurisdiction of that office to another such program or project. (b) Limitations.—(1) Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year. (2) The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000. (3) A transfer may not be carried out by a manager of a field office under subsection (a) unless the manager determines that the transfer is necessary—(A) to address a risk to health, safety, or the environment; or (B) to assure the most efficient use of defense environmental cleanup funds at the field office. (4) Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress. (c) Exemption From Reprogramming Requirements.—The requirements of section 6272 shall not apply to transfers of funds pursuant to subsection (a). (d) Notification.—The Secretary, acting through the Assistant Secretary of Energy for Environmental Management, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs. (e) Definitions.—In this section:(1) The term “program or project” means, with respect to a field office of the Department of Energy, a program or project that is for defense environmental cleanup activities necessary for national security programs of the Department, that is being carried out by that office, and for which defense environmental cleanup funds have been authorized and appropriated. (2) The term “defense environmental cleanup funds” means funds appropriated to the Department of Energy pursuant to an authorization for carrying out defense environmental cleanup activities necessary for national security programs.

10 U.S.C. § 6282 Transfer of weapons activities funds

(a) Transfer Authority for Weapons Activities Funds.—The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer weapons activities funds from a program or project under the jurisdiction of that office to another such program or project. (b) Limitations.—(1) Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year. (2) The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000. (3) A transfer may not be carried out by a manager of a field office under subsection (a) unless the manager determines that the transfer—(A) is necessary to address a risk to health, safety, or the environment; or (B) will result in cost savings and efficiencies. (4) A transfer may not be carried out by a manager of a field office under subsection (a) to cover a cost overrun or scheduling delay for any program or project. (5) Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress. (c) Exemption From Reprogramming Requirements.—The requirements of section 6272 shall not apply to transfers of funds pursuant to subsection (a). (d) Notification.—The Secretary, acting through the Administrator, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs. (e) Definitions.—In this section:(1) The term “program or project” means, with respect to a field office of the Department of Energy, a program or project that is for weapons activities necessary for national security programs of the Department, that is being carried out by that office, and for which weapons activities funds have been authorized and appropriated. (2) The term “weapons activities funds” means funds appropriated to the Department of Energy pursuant to an authorization for carrying out weapons activities necessary for national security programs.

10 U.S.C. § 6283 Funds available for all national security programs of the Department of Energy

Subject to the provisions of appropriation Acts and section 6272, amounts appropriated pursuant to a DOE national security authorization for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy.

10 U.S.C. § 6284 Notification of cost overruns for certain Department of Energy projects

(a) Establishment of Cost and Schedule Baselines.—(1)(A) The Administrator shall establish a cost and schedule baseline for each nuclear stockpile life extension or new nuclear weapon program project of the Administration prior to entry into Phase 6.4 or Phase 4, as appropriate. In addition to the requirement under subparagraph (B), the cost and schedule baseline of a nuclear stockpile life extension or new nuclear weapon program project established under this subparagraph shall be the cost and schedule as described in the first Selected Acquisition Report submitted under section 6125(a) for the project. (B) The cost baseline developed under subparagraph (A) shall include, with respect to each stockpile life extension or new nuclear weapon program project, an estimated cost for each warhead in the project. (C) Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Administrator shall submit the cost and schedule baseline to the congressional defense committees. (2)(A) The Administrator shall establish a cost and schedule baseline for each major alteration project prior to entry into Phase 6.4. (B) The cost baseline developed under subparagraph (A) shall include, with respect to each major alteration project, an estimated cost for each warhead in the project. (C) Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Administrator shall submit the cost and schedule baseline to the congressional defense committees. (D) In this paragraph, the term "major alteration project" means a nuclear weapon system alteration project of the Administration the cost of which exceeds $800,000,000. (3)(A) The Secretary of Energy shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each construction project that is—(i) in excess of $65,000,000; and (ii) carried out by the Department using funds authorized to be appropriated for a fiscal year pursuant to a DOE national security authorization. (B) Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees. (4)(A) The Secretary shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each defense environmental cleanup project that is—(i) in excess of $65,000,000; and (ii) carried out by the Department pursuant to such protocols. (B) Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees. (b) Notification of Costs Exceeding Baseline.—The Administrator or the Secretary, as applicable, shall notify the congressional defense committees not later than 30 days after determining that—(1) the total cost for a project referred to in paragraph (1), (2), (3), or (4) of subsection (a) will exceed an amount that is equal to 125 percent of the cost baseline established under subsection (a) for that project; and (2) in the case of a stockpile life extension or new nuclear weapon program project referred to in subsection (a)(1) or a major alteration project referred to in subsection (a)(2), the cost for any warhead in the project will exceed an amount that is equal to 150 percent of the cost baseline established under subsection (a)(1)(B) or (a)(2)(B), as applicable, for each warhead in that project. (c) Notification of Determination With Respect to Termination or Continuation of Projects and Root Cause Analyses.—Not later than 90 days after submitting a notification under subsection (b) with respect to a project, the Administrator or the Secretary, as applicable, shall—(1) notify the congressional defense committees with respect to whether the project will be terminated or continued; (2) if the project will be continued, certify to the congressional defense committees that—(A) a revised cost and schedule baseline has been established for the project and, in the case of a stockpile life extension or new nuclear weapon program project referred to in subparagraph (A) or (B) of subsection (a)(1) or a major alteration project referred to in subsection (a)(2), a revised estimate of the cost for each warhead in the project has been made; (B) a review of the revised baseline has been conducted by the Director of Cost Estimating and Program Evaluation of the National Nuclear Security Administration, consistent with section 3221(d)(1)(F) of the National Nuclear Security Administration Act (50 U.S.C. 2411(d)(1)(F)). (C) the continuation of the project is necessary to the mission of the Department of Energy and there is no alternative to the project that would meet the requirements of that mission; and (D) a management structure is in place adequate to manage and control the cost and schedule of the project; and (3) submit to the congressional defense committees an assessment of the root cause or causes of the growth in the total cost of the project, including the contribution of any shortcomings in cost, schedule, or performance of the program, including the role, if any, of—(A) unrealistic performance expectations; (B) unrealistic baseline estimates for cost or schedule; (C) immature technologies or excessive manufacturing or integration risk; (D) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance; (E) changes in procurement quantities; (F) inadequate program funding or funding instability; (G) poor performance by personnel of the Federal Government or contractor personnel responsible for program management; or (H) any other matters. (d) Applicability of Requirements to Revised Cost and Schedule Baselines.—A revised cost and schedule baseline established under subsection (c) shall—(1) be submitted to the congressional defense committees with the certification submitted under subsection (c)(2) and the results of the review conducted by the Director of Cost Estimating and Program Evaluation under subsection (c)(2)(B); and (2) be subject to the notification requirements of subsections (b) and (c) in the same manner and to the same extent as a cost and schedule baseline established under subsection (a).

10 U.S.C. § 6285 Life-cycle cost estimates of certain atomic energy defense capital assets

(a) In General.—The Secretary of Energy shall ensure that an independent life-cycle cost estimate under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, of each capital asset described in subsection (b) is conducted before the asset achieves critical decision 2 in the acquisition process. (b) Capital Assets Described.—A capital asset described in this subsection is an atomic energy defense capital asset—(1) the total project cost of which exceeds $100,000,000; and (2) the purpose of which is to perform a limited-life, single-purpose mission. (c) Independent Defined.—For purposes of subsection (a), the term “independent”, with respect to a life-cycle cost estimate of a capital asset, means that the life-cycle cost estimate is prepared by an organization independent of the project sponsor, using the same detailed technical and procurement information as the sponsor, to determine if the life-cycle cost estimate of the sponsor is accurate and reasonable.

10 U.S.C. § 6286 Use of best practices for capital asset projects and nuclear weapon life extension programs

(a) Analyses of Alternatives.—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 726), the Secretary of Energy, in coordination with the Administrator, shall ensure that analyses of alternatives are conducted (including through contractors, as appropriate) in accordance with best practices for capital asset projects and life extension programs of the Administration and capital asset projects relating to defense environmental management. (b) Cost Estimates.—Not later than 30 days after the date of the enactment of such Act, the Secretary, in coordination with the Administrator, shall develop cost estimates in accordance with cost estimating best practices for capital asset projects and life extension programs of the Administration and capital asset projects relating to defense environmental management. (c) Revisions to Departmental Project Management Order and Nuclear Weapon Life Extension Requirements.—As soon as practicable after the date of the enactment of such Act, but not later than two years after such date of enactment, the Secretary shall revise—(1) the capital asset project management order of the Department of Energy to require the use of best practices for preparing cost estimates and for conducting analyses of alternatives for Administration and defense environmental management capital asset projects; and (2) the nuclear weapon life extension program procedures of the Department to require the use of best practices for preparing cost estimates and conducting analyses of alternatives for Administration life extension programs.

10 U.S.C. § 6287 Matters relating to critical decisions

(a) Post-critical Decision 2 Changes.—After the date on which a plant project specifically authorized by law and carried out under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, achieves critical decision 2, the Administrator may not change the requirements for such project if such change increases the cost of such project by more than the lesser of $5,000,000 or 15 percent, unless—(1) the Administrator submits to the congressional defense committees—(A) a certification that the Administrator, without delegation, authorizes such proposed change; and (B) a cost-benefit and risk analysis of such proposed change, including with respect to—(i) the effects of such proposed change on the project cost and schedule; and (ii) any mission risks and operational risks from making such change or not making such change; and (2) a period of 15 days elapses following the date of such submission. (b) Review and Approval.—The Administrator shall ensure that critical decision packages are timely reviewed and either approved or disapproved.

10 U.S.C. § 6288 Unfunded priorities of the Administration

(a) Annual Report or Certification.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, the Administrator shall submit to the Secretary of Energy and the congressional defense committees either—(1) a report on the unfunded priorities of the Administration; or (2) if the Administrator determines that there are no unfunded priorities to include in such a report, a certification and explanation by the Administrator, without delegation, of the determination. (b) Elements.—(1) Each report under subsection (a)(1) shall specify, for each unfunded priority covered by the report, the following:(A) A summary description of that priority, including the objectives to be achieved or the risk to be mitigated if that priority is funded (whether in whole or in part). (B) The additional amount of funds recommended in connection with the objectives or risk mitigation under subparagraph (A). (C) Account information with respect to that priority. (2) Each report under subsection (a)(1) shall present the unfunded priorities covered by the report in order of urgency of priority. (c) Unfunded Priority Defined.—In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement that—(1) is not funded in the budget of the President for that fiscal year as submitted to Congress pursuant to section 1105(a) of title 31; (2) is necessary to address a requirement associated with the mission of the Administration; and (3) would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—(A) if additional resources were available for the budget to fund the program, activity, or mission requirement; or (B) in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.

10 U.S.C. § 6289 Review of adequacy of nuclear weapons budget

(a) Review of Adequacy of Administration Budget by Nuclear Weapons Council.—(1) The Secretary of Energy shall transmit to the Nuclear Weapons Council (in this section referred to as the “Council”) a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under section 1105(a) of title 31. (2) The Council shall review each budget request transmitted to the Council under paragraph (1) in accordance with section 179(f). (3)(A) If the Council submits to the Secretary of Energy a written description under section 179(f)(2)(B)(i) with respect to the budget request of the Administration for a fiscal year, the Secretary shall include as an appendix to the budget request submitted to the Director of the Office of Management and Budget—(i) the funding levels and initiatives identified in that description; and (ii) any additional comments the Secretary considers appropriate. (B) The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), a copy of the appendix described in subparagraph (A). (b) Review and Certification of Department of Energy Budget by Nuclear Weapons Council.—At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President, the Secretary shall transmit a copy of the budget request of the Department to the Council.

10 U.S.C. § 6290 Improvements to cost estimates informing analyses of alternatives

(a) Requirement for Analyses of Alternatives.—The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of Project Engineering and Design Funds.—In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if—(1) the Administrator—(A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification.