50 U.S.C. § 2441a — Authorized personnel levels of the Office

Page 408 TITLE 50—WAR AND NATIONAL DEFENSE § 2441a XXXI, § 3111(b)(1), (2), Jan. 2, 2013, 126 Stat. 2169; Pub. L. 113–66, div. C, title XXXI, § 3145(d), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 116–92, div. C, title XXXI, § 3111(b), Dec. 20, 2019, 133 Stat. 1950; Pub. L. 118–31, div. C, title XXXI, § 3114, Dec. 22, 2023, 137 Stat. 790.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title XXXII of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 953, which is classified prin- cipally to this chapter. For complete classification of title XXXII to the Code, see Short Title note set out under section 2401 of this title and Tables. AMENDMENTS 2023—Pub. L. 118–31 substituted ‘‘1,200’’ for ‘‘800’’. 2019—Pub. L. 116–92 substituted ‘‘800’’ for ‘‘600’’. 2013—Pub. L. 113–66, in last sentence, substituted ‘‘po- sitions established’’ for ‘‘excepted positions estab- lished’’, ‘‘a position’’ for ‘‘an excepted position’’, and ‘‘position not established under this section’’ for ‘‘non- excepted position’’. Pub. L. 112–239, in section catchline, inserted ‘‘con- tracting, program management,’’ before ‘‘scientific’’ and, in text, substituted ‘‘600 contracting, program management, scientific’’ for ‘‘300 scientific’’ and in- serted at end ‘‘To ensure that the excepted positions es- tablished under this section are used, the Adminis- trator, to the extent practicable, shall appoint an indi- vidual to such an excepted position to replace the va- cancy of a nonexcepted position.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title. § 2441a. Authorized personnel levels of the Office of the Administrator (a) Use of IPA The Administrator shall ensure that the ex- pertise of the national security laboratories and the nuclear weapons production facilities is made available to the Administration, the De- partment of Energy, the Department of Defense, other Federal agencies, and Congress through the temporary assignment of personnel from such laboratories and facilities pursuant to the Intergovernmental Personnel Act Mobility Pro- gram and other similar programs. (b) Office of the Administrator employees In this section, the term ‘‘Office of the Admin- istrator’’, with respect to the employees of the Administration, includes employees whose fund- ing is derived from an account of the Adminis- tration titled ‘‘Federal Salaries and Expenses’’. (c) Annual briefing In conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31, the Administrator shall provide to the congressional defense committees a briefing containing the following information: (1) A projection of the expected number of employees of the Office of the Administrator, as counted under subsection (d), for the fiscal year covered by the budget and the four subse- quent fiscal years, broken down by the office in which the employees are projected to be as- signed. (2) With respect to the most recent fiscal year for which data is available— (A) the number of service support con- tracts of the Administration and whether such contracts are funded using program or program direction funds; (B) the number of full-time equivalent con- tractor employees working under each con- tract identified under subparagraph (A); (C) the number of full-time equivalent con- tractor employees described in subparagraph (B) that have been employed under such a contract for a period greater than two years; (D) with respect to each contract identi- fied under subparagraph (A)— (i) identification of each appropriations account that supports the contract; and (ii) the amount obligated under the con- tract during the fiscal year, listed by each such account; and (E) with respect to each appropriations ac- count identified under subparagraph (D)(i), the total amount obligated for contracts identified under subparagraph (A). (d) Counting rule (1) A determination of the number of employ- ees in the Office of the Administrator under sub- section (c) shall be expressed on a full-time equivalent basis. (2) Except as provided by paragraph (3), in de- termining the total number of employees in the Office of the Administrator under subsection (c), the Administrator shall count each employee of the Office without regard to whether the em- ployee is located at the headquarters of the Ad- ministration, a site office of the Administration, a service or support center of the Administra- tion, or any other location. (3) The following employees may not be count- ed for purposes of determining the total number of employees in the Office of the Administrator under subsection (c): (A) Employees of the Office of Naval Reac- tors. (B) Employees of the Office of Secure Trans- portation. (C) Members of the Armed Forces detailed to the Administration. (D) Personnel supporting the Office of the Administrator pursuant to the mobility pro- gram under subchapter VI of chapter 33 of title 5 (commonly referred to as the ‘‘Intergovern- mental Personnel Act Mobility Program’’). (Pub. L. 106–65, div. C, title XXXII, § 3241A, as added Pub. L. 112–239, div. C, title XXXI, § 3111(a)(1), Jan. 2, 2013, 126 Stat. 2168; amended Pub. L. 113–291, div. C, title XXXI, § 3116, Dec. 19, 2014, 128 Stat. 3888; Pub. L. 114–92, div. C, title XXXI, § 3138, Nov. 25, 2015, 129 Stat. 1215; Pub. L. 114–328, div. C, title XXXI, § 3136(a), Dec. 23, 2016, 130 Stat. 2771; Pub. L. 116–92, div. C, title XXXI, § 3111(a), Dec. 20, 2019, 133 Stat. 1949; Pub. L. 117–263, div. C, title XXXI, § 3117, Dec. 23, 2022, 136 Stat. 3054.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, § 3117(a)(1), (2), re- designated subsec. (d) as (a) and struck out former sub- Page 409 TITLE 50—WAR AND NATIONAL DEFENSE § 2444 sec. (a) which limited the number of employees of the Office of the Administrator to 1,890 and required jus- tification for any excess starting with fiscal year 2020. Subsec. (b). Pub. L. 117–263, § 3117(a)(2), redesignated subsec. (e) as (b). Former subsec. (b) redesignated (d). Subsec. (c). Pub. L. 117–263, § 3117(a)(2), (b), redesig- nated subsec. (f) as (c) and amended it generally. Prior to amendment, subsec. related to report to be included in annual budget justification materials. Former sub- sec. (c) struck out. Pub. L. 117–263, § 3117(a)(1), struck out subsec. (c). Text read as follows: ‘‘In accordance with section 3523 of title 5, the Administrator may offer voluntary sepa- ration or retirement incentives to meet the total num- ber of employees authorized under subsection (a).’’ Subsec. (d). Pub. L. 117–263, § 3117(a)(3), (c), redesig- nated subsec. (b) as (d) and substituted ‘‘under sub- section (c)’’ for ‘‘under subsection (a)’’ wherever ap- pearing. Former subsec. (d) redesignated (a). Subsecs. (e), (f). Pub. L. 117–263, § 3117(a)(2), redesig- nated subsecs. (e) and (f) as (b) and (c), respectively. 2019—Subsec. (a)(1). Pub. L. 116–92, § 3111(a)(1)(A), (B)(i), substituted ‘‘The’’ for ‘‘By October 1, 2015, the’’ and ‘‘1,890’’ for ‘‘1,690’’. Subsec. (a)(2). Pub. L. 116–92, § 3111(a)(1)(A), (B)(ii), substituted ‘‘2020’’ for ‘‘2016’’ and ‘‘1,890’’ for ‘‘1,690’’. Subsec. (f). Pub. L. 116–92, § 3111(a)(2)(A), substituted ‘‘for the most recent fiscal year for which data are available’’ for ‘‘as of the date of the report’’ in intro- ductory provisions. Subsec. (f)(5), (6). Pub. L. 116–92, § 3111(a)(2)(B), added pars. (5) and (6) and struck out former par. (5) which read as follows: ‘‘With respect to each contract identi- fied under paragraph (2)— ‘‘(A) the cost of the contract; and ‘‘(B) identification of the program or program di- rection accounts that support the contract.’’ 2016—Subsec. (f)(5). Pub. L. 114–328 added par. (5). 2015—Subsec. (f). Pub. L. 114–92 added subsec. (f). 2014—Subsec. (a)(1). Pub. L. 113–291, § 3116(a)(1), sub- stituted ‘‘2015’’ for ‘‘2014’’ and ‘‘1,690’’ for ‘‘1,825’’. Subsec. (a)(2). Pub. L. 113–291, § 3116(a)(2), substituted ‘‘2016’’ for ‘‘2015’’ and ‘‘1,690’’ for ‘‘1,825’’. Subsec. (e). Pub. L. 113–291, § 3116(b), added subsec. (e). § 2442. Repealed. Pub. L. 112–239, div. C, title XXXI, § 3132(c)(1)(A), Jan. 2, 2013, 126 Stat. 2186 Section, Pub. L. 106–65, div. C, title XXXII, § 3242, Oct. 5, 1999, 113 Stat. 964, related to voluntary early retire- ment authority. § 2443. Notification of employee practices affect- ing national security (a) Annual notification of security clearance rev- ocations At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, the Administrator shall notify the appropriate congressional committees of— (1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notifica- tion is made; and (2) for each employee counted under para- graph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation. (b) Annual notification of terminations and re- movals Not later than December 31 of each year, the Administrator shall notify the appropriate con- gressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reas- signed a covered employee for cause during that year. (c) Definitions In this section: (1) The term ‘‘appropriate congressional committees’’ means— (A) the congressional defense committees; and (B) the Committee on Energy and Com- merce of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate. (2) The term ‘‘covered employee’’ means— (A) an employee of the Administration; or (B) an employee of an element of the De- partment of Energy (other than the Admin- istration) involved in nuclear security. (Pub. L. 106–65, div. C, title XXXII, § 3245, as added Pub. L. 114–92, div. C, title XXXI, § 3111(a)(1), Nov. 25, 2015, 129 Stat. 1186; amended Pub. L. 117–81, div. C, title XXXI, § 3131(a), Dec. 27, 2021, 135 Stat. 2229.) Editorial Notes PRIOR PROVISIONS A prior section 2443, Pub. L. 106–65, div. C, title XXXII, § 3245, as added Pub. L. 106–377, § 1(a)(2) [title III, § 315], Oct. 27, 2000, 114 Stat. 1441, 1441A–81, related to prohibition on pay of personnel engaged in concurrent service or duties inside and outside Administration, prior to repeal by Pub. L. 107–107, div. C, title XXXI, § 3143, Dec. 28, 2001, 115 Stat. 1371. AMENDMENTS 2021—Subsecs. (a), (b). Pub. L. 117–81 added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to annual notification and notification to congressional committees, respectively. § 2444. Nonproliferation and national security scholarship and fellowship program (a) Establishment The Administrator for Nuclear Security shall carry out a program to provide scholarships and fellowships for the purpose of enabling individ- uals to qualify for employment in the non- proliferation and national security programs of the National Nuclear Security Administration. (b) Eligible individuals An individual shall be eligible for a scholar- ship or fellowship under the program established under this section if the individual— (1) is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence; (2) has been accepted for enrollment or is currently enrolled as a full-time student at an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))); (3) is pursuing a program of education that leads to an appropriate higher education de- gree in a qualifying field of study, as deter- mined by the Administrator; (4) enters into an agreement described in subsection (c); and (5) meets such other requirements as the Ad- ministrator prescribes.