CHAPTER 607—BUDGET AND FINANCIAL MANAGEMENT MATTERS

        

Editorial Notes

Codification

Chapter analysis added pursuant to operation of section 102 of this title.

SUBCHAPTER I—RECURRING NATIONAL SECURITY AUTHORIZATION PROVISIONS

        

Editorial Notes

Codification

Subchapter analysis added pursuant to operation of section 102 of this title.

§6271. Definitions

In this subchapter:

(1) The term "DOE national security authorization" means an authorization of appropriations for activities of the Department of Energy in carrying out programs necessary for national security.

(2)(A) Except as provided by subparagraph (B), the term "minor construction threshold" means $30,000,000.

(B) The Administrator may calculate the amount specified in subparagraph (A) based on fiscal year 2022 constant dollars if the Administrator—

(i) submits to the congressional defense committees a report on the method used by the Administrator to calculate the adjustment;

(ii) a period of 30 days elapses following the date of such submission; and

(iii) publishes the adjusted amount in the Federal Register.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1425.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2741 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

§6272. Reprogramming

(a) In General.—Except as provided in subsection (b) and in sections 5791 and 5792 ¹ of this title, the Secretary of Energy may not use amounts appropriated pursuant to a DOE national security authorization for a program—

(1) in amounts that exceed, in a fiscal year—

(A) 115 percent of the amount authorized for that program by that authorization for that fiscal year; or

(B) $5,000,000 more than the amount authorized for that program by that authorization for that fiscal year; or

(2) which has not been presented to, or requested of, Congress.

(b) Exception Where Notice-and-wait Given.—An action described in subsection (a) may be taken if—

(1) the Secretary submits to the congressional defense committees a report referred to in subsection (c) with respect to such action; and

(2) a period of 30 days has elapsed after the date on which such committees receive the report.

(c) Report.—The report referred to in this subsection is a report containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of the proposed action.

(d) Computation of Days.—In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.

(e) Limitations.—(1) In no event may the total amount of funds obligated pursuant to a DOE national security authorization for a fiscal year exceed the total amount authorized to be appropriated by that authorization for that fiscal year.

(2) Funds appropriated pursuant to a DOE national security authorization may not be used for an item for which Congress has specifically denied funds.

(Added and amended Pub. L. 119–60, div. C, title XXXI, §3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1426, 1462.)

Editorial Notes

References in Text

Sections 5791 and 5792, referred to in subsec. (a), were, prior to repeal and restatement as this section, references to sections 4710 and 4711, respectively, of Pub. L. 107–314, which were repealed and restated as sections 6281 and 6282, respectively, of this title by Pub. L. 119–60, §3111(a), (b)(1).

Prior Provisions

Provisions similar to those in this section were contained in section 2742 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

Amendments

2025—Pub. L. 119–60, §3111(d)(2)(B), realigned margins.

Subsec. (e). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: "Total amount obligated" and "Prohibited items", respectively.

¹ So in original. Probably should be "sections 6281 and 6282". See References in Text note below.

§6273. Minor construction projects

(a) Authority.—Using operation and maintenance funds or facilities and infrastructure funds authorized by a DOE national security authorization, the Secretary of Energy may carry out minor construction projects.

(b) Annual Report.—The Secretary shall submit to the congressional defense committees on an annual basis a report on each exercise of the authority in subsection (a) during the preceding fiscal year. Each report shall provide a brief description of each minor construction project covered by the report. The report shall include with respect to each project the following:

(1) The estimated original total project cost and the estimated original date of completion.

(2) The percentage of the project that is complete.

(3) The current estimated total project cost and estimated date of completion.

(c) Cost Variation Reports to Congressional Committees.—If, at any time during the construction of any minor construction project authorized by a DOE national security authorization, the estimated cost of the project is revised and the revised cost of the project exceeds the minor construction threshold, the Secretary shall immediately submit to the congressional defense committees a report explaining the reasons for the cost variation.

(d) Notification Required for Certain Projects.—Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until—

(1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and

(2) a period of 15 days has elapsed after the date on which such notification is received.

(e) Minor Construction Project Defined.—In this section, the term "minor construction project" means any plant project not specifically authorized by law for which the approved total estimated cost does not exceed the minor construction threshold.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1426.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2743 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

§6274. General plant projects

Plant or construction projects for which amounts are made available under this and subsequent appropriation Acts ¹ with a current estimated cost of less than $10,000,000 are considered for purposes of section 6273 as a plant project for which the approved total estimated cost does not exceed the minor construction threshold and for purposes of section 6275 as a construction project with a current estimated cost of less than a minor construction threshold.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1427.)

Editorial Notes

References in Text

This Act, referred to in text, was, prior to repeal and restatement as this section, a reference to div. B of Pub. L. 112–74, Dec. 23, 2011, 125 Stat. 852, known as the Energy and Water Development and Related Agencies Appropriations Act, 2012. For complete classification of div. B of Pub. L. 112–74 to the Code, see Tables.

Prior Provisions

Provisions similar to those in this section were contained in section 2743a of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(5).

¹ See References in Text note below.

§6275. Limits on construction projects

(a) Construction Cost Ceiling.—Except as provided in subsection (b), construction on a construction project which is in support of national security programs of the Department of Energy and was authorized by a DOE national security authorization may not be started, and additional obligations in connection with the project above the total estimated cost may not be incurred, whenever the current estimated cost of the construction project exceeds by more than 25 percent the higher of—

(1) the amount authorized for the project; or

(2) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress.

(b) Exception Where Notice-and-wait Given.—An action described in subsection (a) may be taken if—

(1) the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the circumstances making such action necessary; and

(2) a period of 30 days has elapsed after the date on which the report is received by the committees.

(c) Computation of Days.—In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.

(d) Exception for Minor Projects.—Subsection (a) does not apply to a construction project with a current estimated cost of less than the minor construction threshold.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1427.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2744 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

§6276. Fund transfer authority

(a) Transfer to Other Federal Agencies.—The Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to a DOE national security authorization to other Federal agencies for the performance of work for which the funds were authorized. Funds so transferred may be merged with and be available for the same purposes and for the same time period as the authorizations of the Federal agency to which the amounts are transferred.

(b) Transfer Within Department of Energy.—(1) Subject to paragraph (2), the Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to a DOE national security authorization to any other DOE national security authorization. Amounts of authorizations so transferred may be merged with and be available for the same purposes and for the same period as the authorization to which the amounts are transferred.

(2) Not more than 5 percent of any such authorization may be transferred to another authorization under paragraph (1). No such authorization may be increased or decreased by more than 5 percent by a transfer under such paragraph.

(c) Limitations.—The authority provided by this subsection to transfer authorizations—

(1) may be used only to provide funds for items relating to activities necessary for national security programs that have a higher priority than the items from which the funds are transferred; and

(2) may not be used to provide funds for an item for which Congress has specifically denied funds.

(d) Notice to Congress.—The Secretary of Energy shall promptly notify the congressional defense committees of any transfer of funds to or from any DOE national security authorization.

(Added and amended Pub. L. 119–60, div. C, title XXXI, §3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1428, 1462.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2745 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

Amendments

2025—Pub. L. 119–60, §3111(d)(2)(B), realigned margins.

Subsec. (b). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: "Transfers permitted" and "Maximum amounts", respectively.

§6277. Conceptual and construction design

(a) Conceptual Design.—(1) Subject to paragraph (2) and except as provided in paragraph (3), before submitting to Congress a request for funds for a construction project that is in support of a national security program of the Department of Energy, the Secretary of Energy shall complete a conceptual design for that project.

(2) If the estimated cost of completing a conceptual design for a construction project exceeds $5,000,000, the Secretary shall submit to Congress a request for funds for the conceptual design before submitting a request for funds for the construction project.

(3) The requirement in paragraph (1) does not apply to a request for funds—

(A) for a construction project the total estimated cost of which is less than the minor construction threshold; or

(B) for emergency planning, design, and construction activities under section 6278.

(b) Construction Design.—(1) Within the amounts authorized by a DOE national security authorization, the Secretary may carry out construction design (including architectural and engineering services) in connection with any proposed construction project if the total estimated cost for such design does not exceed $5,000,000.

(2) If the total estimated cost for construction design in connection with any construction project exceeds $5,000,000, funds for that design must be specifically authorized by law.

(Added and amended Pub. L. 119–60, div. C, title XXXI, §3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1428, 1462.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2746 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

Amendments

2025—Pub. L. 119–60, §3111(d)(2)(B), realigned margins.

Subsec. (a). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) to (3) headings which read as follows: "Requirement", "Requests for conceptual design funds", and "Exceptions", respectively.

Subsec. (b). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: "Authority" and "Limitation on availability of funds for certain projects", respectively.

§6278. Authority for emergency planning, design, and construction activities

(a) Authority.—The Secretary of Energy may use any funds available to the Department of Energy pursuant to a DOE national security authorization, including funds authorized to be appropriated for advance planning, engineering, and construction design, and for plant projects, to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property.

(b) Limitation.—The Secretary may not exercise the authority under subsection (a) in the case of a construction project until the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this section and the circumstances making those activities necessary.

(c) Specific Authority.—The requirement of section 6277(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1429.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2747 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

§6279. Scope of authority to carry out plant projects

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

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1429.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2748 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

§6280. Availability of funds

(a) In General.—Except as provided in subsection (b), amounts appropriated pursuant to a DOE national security authorization for operation and maintenance or for plant projects may, when so specified in an appropriations Act, remain available until expended.

(b) Exception for Program Direction Funds.—Amounts appropriated for program direction pursuant to a DOE national security authorization for a fiscal year shall remain available to be obligated only until the end of that fiscal year.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1429.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2749 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

§6281. Transfer of defense environmental cleanup funds

(a) Transfer Authority for Defense Environmental Cleanup Funds.—The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer defense environmental cleanup funds from a program or project under the jurisdiction of that office to another such program or project.

(b) Limitations.—(1) Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.

(2) The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.

(3) A transfer may not be carried out by a manager of a field office under subsection (a) unless the manager determines that the transfer is necessary—

(A) to address a risk to health, safety, or the environment; or

(B) to assure the most efficient use of defense environmental cleanup funds at the field office.

(4) Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress.

(c) Exemption From Reprogramming Requirements.—The requirements of section 6272 shall not apply to transfers of funds pursuant to subsection (a).

(d) Notification.—The Secretary, acting through the Assistant Secretary of Energy for Environmental Management, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs.

(e) Definitions.—In this section:

(1) The term "program or project" means, with respect to a field office of the Department of Energy, a program or project that is for defense environmental cleanup activities necessary for national security programs of the Department, that is being carried out by that office, and for which defense environmental cleanup funds have been authorized and appropriated.

(2) The term "defense environmental cleanup funds" means funds appropriated to the Department of Energy pursuant to an authorization for carrying out defense environmental cleanup activities necessary for national security programs.

(Added and amended Pub. L. 119–60, div. C, title XXXI, §3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1430, 1462.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2750 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

Amendments

2025—Pub. L. 119–60, §3111(d)(2)(B), realigned margins.

Subsec. (b). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) to (4) headings which read as follows: "Number of transfers", "Amounts transferred", "Determination required", and "Impermissible uses", respectively.

§6282. Transfer of weapons activities funds

(a) Transfer Authority for Weapons Activities Funds.—The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer weapons activities funds from a program or project under the jurisdiction of that office to another such program or project.

(b) Limitations.—(1) Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.

(2) The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.

(3) A transfer may not be carried out by a manager of a field office under subsection (a) unless the manager determines that the transfer—

(A) is necessary to address a risk to health, safety, or the environment; or

(B) will result in cost savings and efficiencies.

(4) A transfer may not be carried out by a manager of a field office under subsection (a) to cover a cost overrun or scheduling delay for any program or project.

(5) Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress.

(c) Exemption From Reprogramming Requirements.—The requirements of section 6272 shall not apply to transfers of funds pursuant to subsection (a).

(d) Notification.—The Secretary, acting through the Administrator, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs.

(e) Definitions.—In this section:

(1) The term "program or project" means, with respect to a field office of the Department of Energy, a program or project that is for weapons activities necessary for national security programs of the Department, that is being carried out by that office, and for which weapons activities funds have been authorized and appropriated.

(2) The term "weapons activities funds" means funds appropriated to the Department of Energy pursuant to an authorization for carrying out weapons activities necessary for national security programs.

(Added and amended Pub. L. 119–60, div. C, title XXXI, §3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1430, 1462.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2751 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

Amendments

2025—Pub. L. 119–60, §3111(d)(2)(B), realigned margins.

Subsec. (b). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) to (5) headings which read as follows: "Number of transfers", "Amounts transferred", "Determination required", "Limitation", and "Impermissible uses", respectively.

§6283. Funds available for all national security programs of the Department of Energy

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

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1431.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2752 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

§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).

(Added and amended Pub. L. 119–60, div. C, title XXXI, §§3111(a), (d)(1)(G), (2), 3116, Dec. 18, 2025, 139 Stat. 1431, 1462, 1464.)

Editorial Notes

Codification

Amendment by section 3116 of Pub. L. 119–60 directed to section 4713 of Pub. L. 107–314 executed to this section pursuant to section 3111(d)(1)(G) of Pub. L. 119–60. See Further Technical Amendments note set under section 6114 of this title.

Prior Provisions

Provisions similar to those in this section were contained in section 2753 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

Amendments

2025—Pub. L. 119–60, §3111(d)(2)(B), realigned margins.

Subsec. (a)(1). Pub. L. 119–60, §3111(d)(2)(A), struck out headings for par. (1) "Establishment of Cost and Schedule Baselines" and subpars. (A) to (C) "In general", "Per unit cost", and "Notification to congressional defense committees", respectively.

Subsec. (a)(1)(A). Pub. L. 119–60, §§3111(d)(1)(G), 3116(1)(A), inserted "prior to entry into Phase 6.4 or Phase 4, as appropriate" after "Administration" in first sentence. See Codification note above.

Subsec. (a)(2). Pub. L. 119–60, §3111(d)(2)(A), struck out headings for par. (2) "Major alteration projects" and subpars. (A) to (D) "In general", "Per unit cost", "Notification to congressional defense committees", and "Major alteration project defined", respectively.

Subsec. (a)(2)(A). Pub. L. 119–60, §§3111(d)(1)(G), 3116(1)(B), inserted "prior to entry into Phase 6.4" after "project". See Codification note above.

Subsec. (a)(3), (4). Pub. L. 119–60, §3111(d)(2)(A), struck out subpars. (A) and (B) headings which read as follows: "In general" and "Notification to congressional defense committees", respectively.

Subsec. (c)(2)(B) to (D). Pub. L. 119–60, §§3111(d)(1)(G), 3116(2), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. See Codification note above.

Subsec. (d)(1). Pub. L. 119–60, §§3111(d)(1)(G), 3116(3), inserted "and the results of the review conducted by the Director of Cost Estimating and Program Evaluation under subsection (c)(2)(B)" after "subsection (c)(2)". See Codification note above.

§6285. Life-cycle cost estimates of certain atomic energy defense capital assets

(a) In General.—The Secretary of Energy shall ensure that an independent life-cycle cost estimate under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, of each capital asset described in subsection (b) is conducted before the asset achieves critical decision 2 in the acquisition process.

(b) Capital Assets Described.—A capital asset described in this subsection is an atomic energy defense capital asset—

(1) the total project cost of which exceeds $100,000,000; and

(2) the purpose of which is to perform a limited-life, single-purpose mission.

(c) Independent Defined.—For purposes of subsection (a), the term "independent", with respect to a life-cycle cost estimate of a capital asset, means that the life-cycle cost estimate is prepared by an organization independent of the project sponsor, using the same detailed technical and procurement information as the sponsor, to determine if the life-cycle cost estimate of the sponsor is accurate and reasonable.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1434.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2754 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

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

(a) Analyses of Alternatives.—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 726), the Secretary of Energy, in coordination with the Administrator, shall ensure that analyses of alternatives are conducted (including through contractors, as appropriate) in accordance with best practices for capital asset projects and life extension programs of the Administration and capital asset projects relating to defense environmental management.

(b) Cost Estimates.—Not later than 30 days after the date of the enactment of such Act, the Secretary, in coordination with the Administrator, shall develop cost estimates in accordance with cost estimating best practices for capital asset projects and life extension programs of the Administration and capital asset projects relating to defense environmental management.

(c) Revisions to Departmental Project Management Order and Nuclear Weapon Life Extension Requirements.—As soon as practicable after the date of the enactment of such Act, but not later than two years after such date of enactment, the Secretary shall revise—

(1) the capital asset project management order of the Department of Energy to require the use of best practices for preparing cost estimates and for conducting analyses of alternatives for Administration and defense environmental management capital asset projects; and

(2) the nuclear weapon life extension program procedures of the Department to require the use of best practices for preparing cost estimates and conducting analyses of alternatives for Administration life extension programs.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1434.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2016 and the date of the enactment of such Act, referred to in text, is the date of enactment of Pub. L. 114–92, which was approved Nov. 15, 2015.

Prior Provisions

Provisions similar to those in this section were contained in section 3117 of Pub. L. 114–92, which was set out as a note under section 2754 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(18).

§6287. Matters relating to critical decisions

(a) Post-critical Decision 2 Changes.—After the date on which a plant project specifically authorized by law and carried out under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, achieves critical decision 2, the Administrator may not change the requirements for such project if such change increases the cost of such project by more than the lesser of $5,000,000 or 15 percent, unless—

(1) the Administrator submits to the congressional defense committees—

(A) a certification that the Administrator, without delegation, authorizes such proposed change; and

(B) a cost-benefit and risk analysis of such proposed change, including with respect to—

(i) the effects of such proposed change on the project cost and schedule; and

(ii) any mission risks and operational risks from making such change or not making such change; and

(2) a period of 15 days elapses following the date of such submission.

(b) Review and Approval.—The Administrator shall ensure that critical decision packages are timely reviewed and either approved or disapproved.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1435.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2755 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

§6288. Unfunded priorities of the Administration

(a) Annual Report or Certification.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, the Administrator shall submit to the Secretary of Energy and the congressional defense committees either—

(1) a report on the unfunded priorities of the Administration; or

(2) if the Administrator determines that there are no unfunded priorities to include in such a report, a certification and explanation by the Administrator, without delegation, of the determination.

(b) Elements.—(1) Each report under subsection (a)(1) shall specify, for each unfunded priority covered by the report, the following:

(A) A summary description of that priority, including the objectives to be achieved or the risk to be mitigated if that priority is funded (whether in whole or in part).

(B) The additional amount of funds recommended in connection with the objectives or risk mitigation under subparagraph (A).

(C) Account information with respect to that priority.

(2) Each report under subsection (a)(1) shall present the unfunded priorities covered by the report in order of urgency of priority.

(c) Unfunded Priority Defined.—In this section, the term "unfunded priority", in the case of a fiscal year, means a program, activity, or mission requirement that—

(1) is not funded in the budget of the President for that fiscal year as submitted to Congress pursuant to section 1105(a) of title 31;

(2) is necessary to address a requirement associated with the mission of the Administration; and

(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—

(A) if additional resources were available for the budget to fund the program, activity, or mission requirement; or

(B) in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.

(Added and amended Pub. L. 119–60, div. C, title XXXI, §§3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1435, 1462.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2756 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

Amendments

2025—Pub. L. 119–60, §3111(d)(2)(B), realigned margins.

Subsec. (b). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: "In general" and "Prioritization of priorities", respectively.

§6289. Review of adequacy of nuclear weapons budget

(a) Review of Adequacy of Administration Budget by Nuclear Weapons Council.—(1) The Secretary of Energy shall transmit to the Nuclear Weapons Council (in this section referred to as the "Council") a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under section 1105(a) of title 31.

(2) The Council shall review each budget request transmitted to the Council under paragraph (1) in accordance with section 179(f).

(3)(A) If the Council submits to the Secretary of Energy a written description under section 179(f)(2)(B)(i) with respect to the budget request of the Administration for a fiscal year, the Secretary shall include as an appendix to the budget request submitted to the Director of the Office of Management and Budget—

(i) the funding levels and initiatives identified in that description; and

(ii) any additional comments the Secretary considers appropriate.

(B) The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), a copy of the appendix described in subparagraph (A).

(b) Review and Certification of Department of Energy Budget by Nuclear Weapons Council.—At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President, the Secretary shall transmit a copy of the budget request of the Department to the Council.

(Added and amended Pub. L. 119–60, div. C, title XXXI, §3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1436, 1462.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2757 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

Amendments

2025—Pub. L. 119–60, §3111(d)(2)(B), realigned margins.

Subsec. (a). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) to (3) headings which read as follows: "Transmission to council", "Review", and "Department of energy response", respectively.

Subsec. (a)(3). Pub. L. 119–60, §3111(d)(2)(A), struck out subpars. (A) and (B) headings which read as follows: "In general" and "Transmission to congress", respectively.

§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.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1437.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2758 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

A prior section 6291, act Aug. 10, 1956, ch. 1041, 70A Stat. 391, provided for honorable discharges for enlisted members of the naval service, prior to repeal by Pub. L. 90–235, §3(b)(1), Jan. 2, 1968, 81 Stat. 758.

A prior section 6292 was renumbered section 8317 of this title.

A prior section 6293, act Aug. 10, 1956, ch. 1041, 70A Stat. 392, provided for discharges for minors enlisted in the naval service or in the Regular Navy as seamen, seamen apprentices or seamen recruits. See section 1170 of this title, prior to repeal by Pub. L. 90–235, §3(a)(2), Jan. 2, 1968, 81 Stat. 757.

A prior section 6294, act Aug. 10, 1956, ch. 1041, 70A Stat. 392, authorized Secretary of Navy to terminate enlistment of and discharge any enlisted woman in Regular Navy or Regular Marine Corps, prior to repeal by Pub. L. 96–513, title III, §373(g), Dec. 12, 1980, 94 Stat. 2903, effective Sept. 15, 1981.

Prior sections 6295 to 6298 were repealed by Pub. L. 90–235, §§3(a)(2), (b)(1), 8(3), Jan. 2, 1968, 81 Stat. 757, 758, 764.

Section 6295, act Aug. 10, 1956, ch. 1041, 70A Stat. 392, provided for early discharges from the Regular Navy. See section 1171 of this title.

Section 6296, act Aug. 10, 1956, ch. 1041, 70A Stat. 392, provided for furlough without pay for any enlisted member of the Regular Navy for the unexpired term of his enlistment.

Section 6297, act Aug. 10, 1956, ch. 1041, 70A Stat. 393, provided for disposition of uniforms of enlisted members of the naval service who were discharged and for disposition of uniforms of and clothing allowance and emergency funds for enlisted members of the naval service who were discharged other than honorably.

Section 6298, act Aug. 10, 1956, ch. 1041, 70A Stat. 393, authorized Secretary of Navy to permit any person honorably discharged from the naval service to live at any naval receiving station while he was eligible for a reenlistment bonus.

SUBCHAPTER II—PENALTIES

        

Editorial Notes

Codification

Subchapter analysis added pursuant to operation of section 102 of this title.

§6301. Restriction on use of funds to pay penalties under environmental laws

(a) Restriction.—Funds appropriated to the Department of Energy for the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy may not be used to pay a penalty, fine, or forfeiture in regard to a defense activity or facility of the Department of Energy due to a failure to comply with any environmental requirement.

(b) Exception.—Subsection (a) shall not apply with respect to an environmental requirement if—

(1) the President fails to request funds for compliance with the environmental requirement; or

(2) Congress has appropriated funds for such purpose (and such funds have not been sequestered, deferred, or rescinded) and the Secretary of Energy fails to use the funds for such purpose.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1437.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2761 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

§6302. Restriction on use of funds to pay penalties under Clean Air Act

None of the funds authorized to be appropriated by the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96–540; 94 Stat. 3197) or any other Act may be used to pay any penalty, fine, forfeiture, or settlement resulting from a failure to comply with the Clean Air Act (42 U.S.C. 7401 et seq.) with respect to any defense activity of the Department of Energy if—

(1) the Secretary finds that compliance is physically impossible within the time prescribed for compliance; or

(2) the President has specifically requested appropriations for compliance and Congress has failed to appropriate funds for such purpose.

Editorial Notes

References in Text

The Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981, referred to in text, is Pub. L. 96–540, Dec. 17, 1980, 94 Stat. 3197, which enacted sections 2513 and 2762 of Title 50, War and National Defense, and other provisions not classified to the Code. Section 2513 of Title 50 was repealed and restated as section 6106 of this title by Pub. L. 119–60, div. C, title XXXI, §3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1343, 1458. Section 2762 of Title 50 was repealed and restated as this section by Pub. L. 119–60, div. C, title XXXI, §3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1437, 1458. For complete classification of this Act to the Code, see Tables.

The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

Prior Provisions

Provisions similar to those in this section were contained in section 2762 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

SUBCHAPTER III—OTHER MATTERS

        

Editorial Notes

Codification

Subchapter analysis added pursuant to operation of section 102 of this title.

§6311. Reports on financial balances for atomic energy defense activities

(a) Reports Required.—(1) Concurrent with the submission of the budget justification materials submitted to Congress in support of the budget of the President for a fiscal year (submitted to Congress pursuant to section 1105(a) of title 31), the Secretary of Energy shall submit to the congressional defense committees a report on the financial balances for each atomic energy defense program.

(2) In each report required by paragraph (1), the Secretary shall—

(A) present information on the financial balances for each atomic energy defense program at the budget control levels used in the report accompanying the most current Act appropriating funds for energy and water development; and

(B) present financial balances in connection with funding under recurring DOE national security authorizations (as defined in section 6271) separately from balances in connection with funding under any other provision of law.

(b) Elements.—(1) Each report required by subsection (a) shall—

(A) be divided into two parts, as specified in paragraphs (2) and (3); and

(B) set forth the information required by those paragraphs in summary form and by fiscal year.

(2) The first part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information, as of the end of the most recently completed fiscal year:

(A) The balance of any unobligated funds and an explanation for why those funds are unobligated.

(B) The total funds available to cost.

(C) The total balance of costed funds.

(D) The total balance of uncosted funds.

(E) The threshold for the balance of uncosted funds, stated in dollars.

(F) The amount of any balance of uncosted funds that is over or under that threshold and, in the case of a balance over that threshold, an explanation for why the balance is over that threshold.

(G) The total balance of encumbered, uncosted funds.

(H) The total balance of unencumbered, uncosted funds.

(I) The amount of any balance of unencumbered, uncosted funds that is over or under the threshold described in subparagraph (E) and, in the case of a balance over that threshold, an explanation for why the balance is over that threshold.

(3) The second part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information:

(A) The balance of any unobligated funds, as of the end of the first quarter of the current fiscal year.

(B) The total balance of uncosted funds, as of the end of the first quarter of the current fiscal year.

(C) Unalloted budget authority.

(c) Definitions.—In this section:

(1) The term "costed", with respect to funds, means the funds have been obligated to a contract and goods or services have been received from the contractor in exchange for the funds.

(2) The term "encumbered", with respect to funds, means the funds have been obligated to a contract and are being held for a specific known purpose by the contractor.

(3) The term "uncosted", with respect to funds, means the funds have been obligated to a contract and goods or services have not been received from the contractor in exchange for the funds.

(4) The term "unencumbered", with respect to funds, means the funds have been obligated to a contract and are not being held for a specific known purpose by the contractor.

(5) The term "threshold" means a benchmark over which a balance carried over at the end of a fiscal year should be given greater scrutiny by Congress.

(6) The term "total funds available to cost" means the sum of—

(A) total uncosted obligations from prior fiscal years;

(B) current fiscal year obligations; and

(C) current fiscal year deobligations.

(Added and amended Pub. L. 119–60, div. C, title XXXI, §3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1438, 1462.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2772 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

Amendments

2025—Pub. L. 119–60, §3111(d)(2)(B), realigned margins.

Subsec. (a). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: "In general" and "Presentation of information", respectively.

Subsec. (b). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) to (3) headings which read as follows: "Format", "Part 1", and "Part 2", respectively.

Subsec. (c). Pub. L. 119–60, §3111(d)(2)(A), struck out pars. (1) to (6) headings which corresponded to the defined term in each par.

§6312. Independent acquisition project reviews of capital assets acquisition projects

(a) Reviews.—The appropriate head shall ensure that an independent entity conducts reviews of each capital assets acquisition project as the project moves toward the approval of each of critical decision 0, critical decision 1, and critical decision 2 in the acquisition process.

(b) Pre-critical Decision 1 Reviews.—In addition to any other matters, with respect to each review of a capital assets acquisition project under subsection (a) that has not reached critical decision 1 approval in the acquisition process, such review shall include—

(1) a review using best practices of the analysis of alternatives for the project; and

(2) identification of any deficiencies in such analysis of alternatives for the appropriate head to address.

(c) Independent Entities.—The appropriate head shall ensure that each review of a capital assets acquisition project under subsection (a) is conducted by an independent entity with the appropriate expertise with respect to the project and the stage in the acquisition process of the project.

(d) Definitions.—In this section:

(1) The term "acquisition process" means the acquisition process for a project, as defined in Department of Energy Order 413.3B (relating to project management and project management for the acquisition of capital assets), or a successor order.

(2) The term "appropriate head" means—

(A) the Administrator, with respect to capital assets acquisition projects of the Administration; and

(B) the Assistant Secretary of Energy for Environmental Management, with respect to capital assets acquisition projects of the Office of Environmental Management.

(3) The term "capital assets acquisition project" means a project—

(A) the total project cost of which is more than $500,000,000; and

(B) that is covered by Department of Energy Order 413.3B, or a successor order, for the acquisition of capital assets for atomic energy defense activities.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1439.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2773 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).