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50 U.S.C. § 2791 — Repealed. Pub. L. 119–60, div. C, title XXXI, § 3111(b)(1), Dec. 18, 2025, 139 Stat. 1458
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2781, Pub. L. 107–314, div. D, title XLVIII, § 4801, formerly 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; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4801, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(2), Nov. 24, 2003, 117 Stat. 1783; Pub. L. 113–66, div. C, title XXXI, § 3146(i)(1), Dec. 26, 2013, 127 Stat. 1081, set out various costs not allowed under covered contracts. See [section 6321 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6321&num=0&edition=prelim), Armed Forces.
Section 2782, Pub. L. 107–314, div. D, title XLVIII, § 4802, formerly Pub. L. 101–189, div. C, title XXXI, § 3151, Nov. 29, 1989, 103 Stat. 1682; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4802, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(3), Nov. 24, 2003, 117 Stat. 1783; Pub. L. 112–239, div. C, title XXXI, § 3131(v), Jan. 2, 2013, 126 Stat. 2184; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(J), Dec. 26, 2013, 127 Stat. 1073, established a prohibition on bonuses to contractors operating defense nuclear facilities. See [section 6322 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6322&num=0&edition=prelim), Armed Forces.
Section 2782a, Pub. L. 107–314, div. D, title XLVIII, § 4802A, as added Pub. L. 114–92, div. C, title XXXI, § 3134(a), Nov. 25, 2015, 129 Stat. 1207, required biennial assessments of emergency preparedness of defense nuclear facilities. See [section 6323 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6323&num=0&edition=prelim), Armed Forces.
Section 2783, Pub. L. 107–314, div. D, titl
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Source file: Laws/federal/codes/united-states-code/title-50/section-2791-repealed-pub-l-11960-div-c-title-xxxi-3111-b-1-dec-18-2025-139-stat-1458--55a645e151.md
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Source location: Title 50, Chapter 42, § 2791; chapter-042-atomic-energy-defense-provisions.md
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### Statutory Notes
Section 2781, Pub. L. 107–314, div. D, title XLVIII, § 4801, formerly 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; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4801, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(2), Nov. 24, 2003, 117 Stat. 1783; Pub. L. 113–66, div. C, title XXXI, § 3146(i)(1), Dec. 26, 2013, 127 Stat. 1081, set out various costs not allowed under covered contracts. See [section 6321 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6321&num=0&edition=prelim), Armed Forces.
Section 2782, Pub. L. 107–314, div. D, title XLVIII, § 4802, formerly Pub. L. 101–189, div. C, title XXXI, § 3151, Nov. 29, 1989, 103 Stat. 1682; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4802, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(3), Nov. 24, 2003, 117 Stat. 1783; Pub. L. 112–239, div. C, title XXXI, § 3131(v), Jan. 2, 2013, 126 Stat. 2184; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(J), Dec. 26, 2013, 127 Stat. 1073, established a prohibition on bonuses to contractors operating defense nuclear facilities. See [section 6322 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6322&num=0&edition=prelim), Armed Forces.
Section 2782a, Pub. L. 107–314, div. D, title XLVIII, § 4802A, as added Pub. L. 114–92, div. C, title XXXI, § 3134(a), Nov. 25, 2015, 129 Stat. 1207, required biennial assessments of emergency preparedness of defense nuclear facilities. See [section 6323 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6323&num=0&edition=prelim), Armed Forces.
Section 2783, Pub. L. 107–314, div. D, title XLVIII, § 4803, formerly Pub. L. 101–510, div. C, title XXXI, § 3141, Nov. 5, 1990, 104 Stat. 1837; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4803, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(4), Nov. 24, 2003, 117 Stat. 1783; Pub. L. 113–66, div. C, title XXXI, § 3146(i)(2), Dec. 26, 2013, 127 Stat. 1081, known as the Atomic Testing Liability Act, related to contractor liability for injury or loss of property arising out of atomic weapons testing programs. See [section 6324 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6324&num=0&edition=prelim), Armed Forces.
Section 2784, Pub. L. 107–314, div. D, title XLVIII, § 4804, as added Pub. L. 109–364, div. C, title XXXI, § 3118, Oct. 17, 2006, 120 Stat. 2509, established a notice-and-wait requirement applicable to certain third-party financing arrangements. See [section 6325 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6325&num=0&edition=prelim), Armed Forces.
Section 2785, Pub. L. 107–314, div. D, title XLVIII, § 4805, as added Pub. L. 112–239, div. C, title XXXI, § 3117(a)(1), Jan. 2, 2013, 126 Stat. 2173, related to publication of contractor performance evaluations leading to award fees. See [section 6326 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6326&num=0&edition=prelim), Armed Forces.
Section 2786, Pub. L. 107–314, div. D, title XLVIII, § 4806, as added Pub. L. 113–66, div. C, title XXXI, § 3113(a), Dec. 26, 2013, 127 Stat. 1053; amended Pub. L. 113–291, div. C, title XXXI, § 3142(s), Dec. 19, 2014, 128 Stat. 3901; Pub. L. 115–232, div. C, title XXXI, § 3117, Aug. 13, 2018, 132 Stat. 2292; Pub. L. 116–92, div. C, title XXXI, § 3133, Dec. 20, 2019, 133 Stat. 1958; Pub. L. 116–283, div. C, title XXXI, § 3161, Jan. 1, 2021, 134 Stat. 4391; Pub. L. 117–81, div. C, title XXXI, § 3119, Dec. 27, 2021, 135 Stat. 2228, provided enhanced procurement authority to the Secretary of Energy to manage supply chain risk. See [section 6327 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6327&num=0&edition=prelim), Armed Forces.
Section 2787, Pub. L. 107–314, div. D, title XLVIII, § 4807, as added Pub. L. 115–232, div. C, title XXXI, § 3131(a), Aug. 13, 2018, 132 Stat. 2298; amended Pub. L. 118–31, div. C, title XXXI, § 3119, Dec. 22, 2023, 137 Stat. 791; Pub. L. 118–159, div. C, title XXXI, § 3122, Dec. 23, 2024, 138 Stat. 2300, related to cost-benefit analyses for competition of management and operating contracts. See [section 6328 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6328&num=0&edition=prelim), Armed Forces.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Administrator shall take appropriate actions to make available to the public, to the maximum extent practicable, contractor performance evaluations conducted by the Administration of management and operating contractors of the nuclear security enterprise that results in the award of an award fee to the contractor concerned.
**(b) Format.—** Performance evaluations shall be made public under this section in a common format that facilitates comparisons of performance evaluations between and among similar management and operating contracts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6326
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Briefings on Requests for Proposals.—** Not later than 7 days after issuing a request for proposals for a contract to manage and operate a facility of the Administration, the Administrator shall brief the congressional defense committees on the preliminary assessment of the Administrator of the costs and benefits of the competition for the contract, including a preliminary assessment of the matters described in subsection (c) with respect to the contract.
**(b) Reports After Transition to New Contracts.—** If the Administrator awards a new contract to manage and operate a facility of the Administration, the Administrator shall submit to the congressional defense committees a report that includes the matters described in subsection (c) with respect to the contract by not later than 30 days after the completion of the period required to transition to the contract.
**(c) Matters Described.—** The matters described in this subsection, with respect to a contract, are the following:
(1) A clear and complete description of the cost savings the Administrator expects to result from the competition for the contract over the life of the contract, including associated analyses, assumptions, and information sources used to determine such expected cost savings.
(2) A description of any key limitations or uncertainties that could affect such costs savings, including costs savings that are anticipated but not fully known.
(3) The costs of the competition for the contract, including the immediate costs of conducting the competition, the costs of the transition to the contract from the previous contract, and any increased costs over the life of the contract.
(4) A description of any disruptions or delays in mission activities or deliverables resulting from the competition for
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6328
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following costs are not allowable under a covered contract:
(1) Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities).
(2) Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress or a State legislature.
(3) Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of false certification).
(4) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable regulations of the Secretary of Energy.
(5) Costs of membership in any social, dining, or country club or organization.
(6) Costs of alcoholic beverages.
(7) Contributions or donations, regardless of the recipient.
(8) Costs of advertising designed to promote the contractor or its products.
(9) Costs of promotional items and memorabilia, including models, gifts, and souvenirs.
(10) Costs for travel by commercial aircraft or by travel by other than common carrier that is not necessary for the performance of the contract and the cost of which exceeds the amount of the standard commercial fare.
**(b) Regulations; Costs of Inform
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsection (b), the Secretary of Energy may—
(1) carry out a covered procurement action or special exclusion action; and
(2) notwithstanding any other provision of law, limit, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action or special exclusion action.
**(b) Requirements.—** The Secretary may exercise the authority under subsection (a) only after—
(1) obtaining a risk assessment that demonstrates that there is a significant supply chain risk to a covered system;
(2) making a determination in writing, in unclassified or classified form, that—
(A) the use of the authority under subsection (a) is necessary to protect national security by reducing supply chain risk;
(B) less restrictive measures are not reasonably available to reduce the supply chain risk; and
(C) in a case in which the Secretary plans to limit disclosure of information under subsection (a)(2), the risk to national security of the disclosure of the information outweighs the risk of not disclosing the information; and
(3) submitting to the appropriate congressional committees, not later than seven days after the date on which the Secretary makes the determination under paragraph (2), a notice of such determination, in classified or unclassified form, that includes—
(A) the information required by [section 3304(e)(2)(A) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e/2/A&num=0&edition=prelim);
(B) a summary of the risk assessment required under paragraph (1); and
(C) a summary of the basis for the determination, including a discussion of less restrictive measures that were considered and why such measures were not reasonably available to
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6327
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Energy shall include, in each award-fee evaluation conducted under section 16.401 of title 48, Code of Federal Regulations, of a management and operating contract for a Department of Energy defense nuclear facility in 2016 or any even-numbered year thereafter, an assessment of the adequacy of the emergency preparedness of that facility, including an assessment of the seniority level of management and operating contractor employees that participate in emergency preparedness exercises at that facility.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6323
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice-and-wait Requirement.—** The Secretary of Energy may not enter into an arrangement described in subsection (b) until 30 days after the date on which the Secretary notifies the congressional defense committees in writing of the proposed arrangement.
**(b) Covered Arrangements.—**
(1) Except as provided in paragraph (2), an arrangement referred to in subsection (a) is any alternative financing arrangement, third-party financing arrangement, public-private partnership, privatization arrangement, private capital arrangement, or other financing arrangement that—
(A) is entered into in connection with a project conducted using funds authorized to be appropriated to the Department of Energy to carry out programs necessary for national security; and
(B) involves a contractor or Federal agency obtaining and charging to the Department of Energy as an allowable cost under a contract the use of office space, facilities, or other real property assets with a value of at least $5,000,000.
(2) An arrangement referred to in subsection (a) does not include an arrangement that—
(A) involves the Department of Energy or a contractor acquiring or entering into a capital lease for office space, facilities, or other real property assets; or
(B) is entered into in connection with a capital improvement project undertaken as part of an energy savings performance contract under section 801 of the National Energy Conservation Policy Act ([42 U.S.C. 8287](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8287&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition.—** The Secretary of Energy may not provide any bonuses, award fees, or other form of performance- or production-based awards to a contractor operating a Department of Energy defense nuclear facility unless, in evaluating the performance or production under the contract, the Secretary considers the contractor’s compliance with all applicable environmental, safety, and health statutes, regulations, and practices for determining both the size of, and the contractor’s qualification for, such bonus, award fee, or other award. The prohibition in this subsection applies with respect to contracts entered into, or contract options exercised, after November 29, 1989.
**(b) Regulations.—** The Secretary of Energy shall promulgate regulations to implement subsection (a) not later than March 1, 1990.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6322
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short Title.—** This section may be cited as the “Atomic Energy Testing Liability Act”.
**(b) Federal Remedies Applicable; Exclusiveness of Remedies.—**
(1) The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by chapter 309 or 311 of title 46, as appropriate, for injury, loss of property, personal injury, or death shall apply to any civil action for injury, loss of property, personal injury, or death due to exposure to radiation based on acts or omissions by a contractor in carrying out an atomic weapons testing program under a contract with the United States.
(2) The remedies referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining civil liability arising from any act or omission of the contractor without regard to when the act or omission occurred. The employees of a contractor referred to in paragraph (1) shall be considered to be employees of the Federal Government, as provided in [section 2671 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2671&num=0&edition=prelim), for the purposes of any such civil action or proceeding; and the civil action or proceeding shall proceed in the same manner as any action against the United States filed pursuant to section 1346(b) of such title and shall be subject to the limitations and exceptions applicable to those actions.
**(c) Procedure.—** A contractor against whom a civil action or proceeding described in subsection (b) is brought shall promptly deliver all processes served upon that contractor to the Attorney General of the United States. Upon certification by the Attorney General that the suit against the contractor is within the provisions of subsection (b), a civil action
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6324
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Plan Requirement.—** The Administrator, in consultation with the Secretary of Defense and other appropriate officials of the departments and agencies of the Federal Government, shall develop and annually update a plan for sustaining the nuclear weapons stockpile. The plan shall cover, at a minimum, stockpile stewardship, stockpile management, stockpile responsiveness, stockpile surveillance, program direction, infrastructure modernization, human capital, and nuclear test readiness. The plan shall be consistent with the programmatic and technical requirements of the most recent annual Nuclear Weapons Stockpile Memorandum.
**(b) Submissions to Congress.—**
(1) In accordance with subsection (c), not later than 45 days after each date on which a budget for an odd-numbered fiscal year is submitted to Congress, the Administrator shall submit to the congressional defense committees a detailed report on the plan developed under subsection (a).
(2) The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.
**(c) Elements of Biennial Detailed Report.—** Each detailed report on the plan submitted under subsection (b)(1) shall include, at a minimum, the following:
(1) With respect to stockpile stewardship, stockpile management, and stockpile responsiveness—
(A) the status of the nuclear weapons stockpile, including the number and age of warheads (including both active and inactive) for each warhead type;
(B) for each five-year period occurring during the period beginning on the date of the report and ending on the date that is 20 years after the date of the report—
(i) the planned number of nuclear warheads (including active and inactive) for each warhead type in the nuclear weapons stockpile; and
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Government-owned, contractor-operated laboratories that are funded out of funds available to the Department of Energy for national security programs are authorized to carry out laboratory-directed research and development.
**(b) Regulations.—** The Secretary of Energy shall prescribe regulations for the conduct of laboratory-directed research and development at such laboratories.
**(c) Funding.—** Of the funds provided by the Department of Energy to a national security laboratory for national security activities, the Secretary shall provide a specific amount, of not less than 5 percent and not more than 7 percent of such funds, to be used by the laboratory for laboratory-directed research and development.
**(d) Laboratory-directed Research and Development Defined.—** For purposes of this section, the term “laboratory-directed research and development” means research and development work of a creative and innovative nature which, under the regulations prescribed pursuant to subsection (b), is selected by the director of a laboratory for the purpose of maintaining the vitality of the laboratory in defense-related scientific disciplines.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6331
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