USC Subchapter III

in effect

10 U.S.C. § 6351 Transfers of real property at certain Department of Energy facilities

(a) Transfer Regulations.—(1) The Secretary of Energy shall prescribe regulations for the transfer by sale or lease of real property at Department of Energy defense nuclear facilities for the purpose of permitting the economic development of the property. (2) The Secretary may not transfer real property under the regulations prescribed under paragraph (1) until—(A) the Secretary submits a notification of the proposed transfer to the congressional defense committees; and (B) a period of 30 days has elapsed following the date on which the notification is submitted. (b) Indemnification.—(1) Except as provided in paragraph (3) and subject to subsection (c), in the sale or lease of real property pursuant to the regulations prescribed under subsection (a), the Secretary may hold harmless and indemnify a person or entity described in paragraph (2) against any claim for injury to person or property that results from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located. Before entering into any agreement for such a sale or lease, the Secretary shall notify the person or entity that the Secretary has authority to provide indemnification to the person or entity under this subsection. The Secretary shall include in any agreement for such a sale or lease a provision stating whether indemnification is or is not provided. (2) Paragraph (1) applies to the following persons and entities:(A) Any State that acquires ownership or control of real property of a defense nuclear facility. (B) Any political subdivision of a State that acquires such ownership or control. (C) Any other person or entity that acquires such ownership or control. (D) Any successor, assignee, transferee, lender, or lessee of a person or entity described in subparagraphs (A) through (C). (3) To the extent the persons and entities described in paragraph (2) contributed to any such release or threatened release, paragraph (1) shall not apply. (c) Conditions.—(1) No indemnification on a claim for injury may be provided under this section unless the person or entity making a request for the indemnification—(A) notifies the Secretary in writing within two years after such claim accrues; (B) furnishes to the Secretary copies of pertinent papers received by the person or entity; (C) furnishes evidence or proof of the claim; (D) provides, upon request by the Secretary, access to the records and personnel of the person or entity for purposes of defending or settling the claim; and (E) begins action within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary. (2) For purposes of paragraph (1)(A), the date on which a claim accrues is the date on which the person asserting the claim knew (or reasonably should have known) that the injury to person or property referred to in subsection (b)(1) was caused or contributed to by the release or threatened release of a hazardous substance, pollutant, or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located. (d) Authority of Secretary.—(1) In any case in which the Secretary determines that the Secretary may be required to indemnify a person or entity under this section for any claim for injury to person or property referred to in subsection (b)(1), the Secretary may settle or defend the claim on behalf of that person or entity. (2) In any case described in paragraph (1), if the person or entity that the Secretary may be required to indemnify does not allow the Secretary to settle or defend the claim, the person or entity may not be indemnified with respect to that claim under this section. (e) Relationship to Other Law.—Nothing in this section shall be construed as affecting or modifying in any way section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). (f) Definitions.—In this section, the terms “hazardous substance”, “release”, and “pollutant or contaminant” have the meanings provided by section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

10 U.S.C. § 6352 Engineering and manufacturing research, development, and demonstration by managers of certain nuclear weapons production facilities

(a) Authority for Programs at Nuclear Weapons Productions Facilities.—The Administrator shall authorize the head of each nuclear weapons production facility to establish an Engineering and Manufacturing Research, Development, and Demonstration Program under this section. (b) Projects and Activities.—The projects and activities carried out through the program at a nuclear weapons production facility under this section shall support innovative or high-risk design and manufacturing concepts and technologies with potentially high payoff for the nuclear security enterprise. Those projects and activities may include—(1) replacement of obsolete or aging design and manufacturing technologies; (2) development of innovative agile manufacturing techniques and processes; and (3) training, recruitment, or retention of essential personnel in critical engineering and manufacturing disciplines.

10 U.S.C. § 6353 Activities at covered nuclear weapons facilities

The Administrator may authorize the manager of a covered nuclear weapons research, development, testing or production facility to engage in research, development, and demonstration activities with respect to the engineering and manufacturing capabilities at such facility in order to maintain and enhance such capabilities at such facility: Provided, That of the amount allocated to a covered nuclear weapons facility each fiscal year from amounts available to the Department of Energy for such fiscal year for national security programs, not more than an amount equal to 2 percent of such amount may be used for these activities: Provided further, That for purposes of this section, the term “covered nuclear weapons facility” means the following: (1) The Kansas City Plant, Kansas City, Missouri. (2) The Y–12 Plant, Oak Ridge, Tennessee. (3) The Pantex Plant, Amarillo, Texas. (4) The Savannah River Plant, South Carolina. (5) The Nevada Test Site.

10 U.S.C. § 6354 Pilot program relating to use of proceeds of disposal or utilization of certain department of energy assets

(a) Purpose.—The purpose of this section is to encourage the Secretary of Energy to dispose of or otherwise utilize certain assets of the Department of Energy by making available to the Secretary the proceeds of such disposal or utilization for purposes of defraying the costs of such disposal or utilization. (b) Use of Proceeds to Defray Costs.—(1) Notwithstanding section 3302 of title 31, the Secretary may retain from the proceeds of the sale, lease, or disposal of an asset under subsection (c) an amount equal to the cost of the sale, lease, or disposal of the asset. The Secretary shall utilize amounts retained under this paragraph to defray the cost of the sale, lease, or disposal. (2) For purposes of paragraph (1), the cost of a sale, lease, or disposal shall include—(A) the cost of administering the sale, lease, or disposal; (B) the cost of recovering or preparing the asset concerned for the sale, lease, or disposal; and (C) any other cost associated with the sale, lease, or disposal. (c) Covered Transactions.—Subsection (b) applies to the following transactions:(1) The sale of heavy water at the Savannah River Site, South Carolina, that is under the jurisdiction of the Defense Environmental Management Program. (2) The sale of precious metals that are under the jurisdiction of the Defense Environmental Management Program. (3) The lease of buildings and other facilities located at the Hanford Reservation, Washington, that are under the jurisdiction of the Defense Environmental Management Program. (4) The lease of buildings and other facilities located at the Savannah River Site that are under the jurisdiction of the Defense Environmental Management Program. (5) The disposal of equipment and other personal property located at the Rocky Flats Defense Environmental Technology Site, Colorado, that is under the jurisdiction of the Defense Environmental Management Program. (6) The disposal of materials at the National Electronics Recycling Center, Oak Ridge, Tennessee that are under the jurisdiction of the Defense Environmental Management Program. (d) Applicability of Disposal Authority.—Nothing in this section shall be construed to limit the application of subchapter II of chapter 5 and section 549 of title 40 to the disposal of equipment and other personal property covered by this section.

10 U.S.C. § 6355 Department of Energy energy parks program

(a) In General.—The Secretary of Energy may establish a program to permit the establishment of energy parks on former defense nuclear facilities. (b) Objectives.—The objectives for establishing energy parks pursuant to subsection (a) are the following:(1) To provide locations to carry out a broad range of projects relating to the development and deployment of energy technologies and related advanced manufacturing technologies. (2) To provide locations for the implementation of pilot programs and demonstration projects for new and developing energy technologies and related advanced manufacturing technologies. (3) To set a national example for the development and deployment of energy technologies and related advanced manufacturing technologies in a manner that will promote energy security, energy sector employment, and energy independence. (4) To create a business environment that encourages collaboration and interaction between the public and private sectors. (c) Consultation.—In establishing an energy park pursuant to subsection (a), the Secretary shall consult with—(1) the local government with jurisdiction over the land on which the energy park will be located; (2) the local governments of adjacent areas; and (3) any community reuse organization recognized by the Secretary at the former defense nuclear facility on which the energy park will be located. (d) Report Required.—Not later than 120 days after January 7, 2011, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the program under subsection (a). The report shall include such recommendations for additional legislative actions as the Secretary considers appropriate to facilitate the development of energy parks on former defense nuclear facilities. (e) Defense Nuclear Facility Defined.—In this section, the term “defense nuclear facility” has the meaning given the term “Department of Energy defense nuclear facility” in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).

10 U.S.C. § 6356 Authority to use passenger carriers for contractor commuting

(a) Authority.—If and to the extent that the Administrator deems it appropriate to further mission activities under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401), a passenger carrier may be used to provide transportation services to contractor employees between the covered facility of the contractor employee and a mass transit facility in accordance with any applicable transportation plan adopted by the Administrator pursuant to this section. (b) Plan Requests and Approval.—(1) The Administrator—(A) shall—(i) provide Management and Operating contractors at covered facilities the opportunity to, on a voluntary basis, submit, through the cognizant contracting officer of the applicable covered facility, a plan to provide transportation services described in subsection (a) for contractor employees at the covered facility; and (ii) review each such plan submitted in accordance with clause (i); and (B) may approve each such plan if the requirements described in clauses (i) through (iv) of paragraph (2)(B) are satisfied. (2) Each plan submitted pursuant to paragraph (1)(A)—(A) may include proposals for parking facilities, road improvements, real property acquisition, passenger carrier services, and commuting cost deferment payments to contractor employees; and (B) shall include—(i) a description of how the use of passenger carriers will facilitate the mission of the covered facility; (ii) a description of how the plan will be economical and advantageous to the Federal Government; (iii) a summary of the benefits that will be provided under the plan and how costs will be monitored; and (iv) a description of how the plan will alleviate traffic congestion, reduce commuting times, and improve recruitment and retention of contractor employees. (3) The Administrator may delegate to the Senior Procurement Executive of the Administration the approval of any plan submitted under this subsection. (c) Reimbursement.—The Administration may reimburse a contractor for the costs of transportation services incurred pursuant to a plan approved under subsection (b) using funds appropriated to the Administration. (d) Implementation.—In carrying out a plan approved under subsection (b), the Administrator, to the maximum extent practicable and consistent with sound budget policy, shall—(1) require the use of alternative fuel vehicles to provide transportation services; (2) ensure funds spent for this plan further the mission activities of the Administration under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401); and (3) ensure that the time during which a contractor employee uses transportation services shall not be included for purposes of calculating the hours of work for such contractor employee. (e) Definitions.—In this section:(1) The term “contractor employee” means an employee of a Management and Operating contractor or subcontractor employee at any tier. (2) The term “covered facility” means any facility of the Administration that directly supports the mission of the Administration under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401). (3) The term “Management and Operating contractor” means a management and operating contractor that manages a covered facility. (4) The term “passenger carrier” means a passenger motor vehicle, aircraft, boat, ship, train, or other similar means of transportation that is owned, leased, or provided pursuant to contract or subcontract by the Federal Government or through a contractor of the Administration.