USC Subchapter II

USC Subchapter II
in effect

10 U.S.C. § 6331 Laboratory-directed research and development programs

(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.

10 U.S.C. § 6332 Laboratory-directed research and development

Of the funds made available by the Department of Energy for activities at government-owned, contractor-operated laboratories funded in this Act 11 See References in Text note below. or subsequent Energy and Water Development Appropriations Acts, the Secretary may authorize a specific amount, not to exceed 8 percent of such funds, to be used by such laboratories for laboratory directed research and development: Provided, That the Secretary may also authorize a specific amount not to exceed 4 percent of such funds, to be used by the plant manager of a covered nuclear weapons production plant or the manager of the Nevada Site Office for plant or site directed research and development: Provided further, That notwithstanding Department of Energy order 413.2A, dated January 8, 2001, beginning in fiscal year 2006 and thereafter, all DOE laboratories may be eligible for laboratory directed research and development funding.

10 U.S.C. § 6333 Funding for laboratory directed research and development

Notwithstanding section 307 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2845), of the funds made available by the Department of Energy for activities at Government-owned, contractor-operated laboratories funded in the Energy and Water Development and Related Agencies Appropriations Act, 2014 (div. D of Pub. L. 113–76) or any subsequent Energy and Water Development Appropriations Act for any fiscal year, the Secretary may authorize a specific amount, not to exceed 6 percent of such funds, to be used by such laboratories for laboratory directed research and development.

10 U.S.C. § 6334 Charges to individual program, project, or activity

Of the funds authorized by the Secretary of Energy for laboratory directed research and development, no individual program, project, or activity funded by this or any subsequent Act 11 See References in Text note below. making appropriations for Energy and Water Development for any fiscal year may be charged more than the statutory maximum authorized for such activities: Provided, That this section shall take effect not earlier than October 1, 2015.

10 U.S.C. § 6335 Limitations on use of funds for laboratory directed research and development purposes

(a) Limitation on Use of Weapons Activities Funds.—No funds authorized to be appropriated or otherwise made available to the Department of Energy in any fiscal year after fiscal year 1997 for weapons activities may be obligated or expended for activities under the Department of Energy Laboratory Directed Research and Development Program, or under any Department of Energy technology transfer program or cooperative research and development agreement, unless such activities support the national security mission of the Department of Energy. (b) Limitation on Use of Certain Other Funds.—No funds authorized to be appropriated or otherwise made available to the Department of Energy in any fiscal year after fiscal year 1997 for defense environmental cleanup may be obligated or expended for activities under the Department of Energy Laboratory Directed Research and Development Program, or under any Department of Energy technology transfer program or cooperative research and development agreement, unless such activities support the defense environmental cleanup mission of the Department of Energy. (c) Limitation on Use of Funds for Overhead.—A national security laboratory may not use funds made available under section 6331(c) to cover the costs of general and administrative overhead for the laboratory.

10 U.S.C. § 6336 Report on use of funds for certain research and development purposes

(a) Report Required.—Not later than February 1 each year, the Secretary of Energy shall submit to the congressional defense committees a report on the funds expended during the preceding fiscal year on activities under the Department of Energy Laboratory Directed Research and Development Program. The purpose of the report is to permit an assessment of the extent to which such activities support the national security mission of the Department of Energy. (b) Plant-directed Research and Development.—(1) The report required by subsection (a) shall include, with respect to plant-directed research and development, the following:(A) A financial accounting of expenditures for such research and development, disaggregated by nuclear weapons production facility. (B) A breakdown of the percentage of research and development conducted by each such facility that is plant-directed research and development. (C) An explanation of how each such facility plans to increase the availability and utilization of funds for plant-directed research and development. (2) In this subsection, the term “plant-directed research and development” means research and development selected by the director of a nuclear weapons production facility. (c) Preparation of Report.—Each report shall be prepared by the officials responsible for Federal oversight of the funds expended on activities under the program. (d) Criteria Used in Preparation of Report.—Each report shall set forth the criteria utilized by the officials preparing the report in determining whether or not the activities reviewed by such officials support the national security mission of the Department.

10 U.S.C. § 6337 Critical technology partnerships and cooperative research and development centers

(a) Partnerships.—For the purpose of facilitating the transfer of technology, the Secretary of Energy shall ensure, to the maximum extent practicable, that research on and development of dual-use critical technology carried out through atomic energy defense activities is conducted through cooperative research and development agreements, or other arrangements, that involve laboratories of the Department of Energy and other entities. (b) Cooperative Research and Development Centers.—(1) Subject to the availability of appropriations provided for such purpose, the Administrator shall establish a cooperative research and development center described in paragraph (2) at each national security laboratory. (2) A cooperative research and development center described in this paragraph is a center to foster collaborative scientific research, technology development, and the appropriate transfer of research and technology to users in addition to the national security laboratories. (3) In establishing a cooperative research and development center under this subsection, the Administrator—(A) shall enter into cooperative research and development agreements with governmental, public, academic, or private entities; and (B) may enter into a contract with respect to constructing, purchasing, managing, or leasing buildings or other facilities. (c) Definitions.—In this section:(1) The term “dual-use critical technology” means a technology—(A) that is critical to atomic energy defense activities, as determined by the Secretary of Energy; (B) that has military applications and nonmilitary applications; and (C) that is a defense critical technology (as defined in section 4801). (2) The term “cooperative research and development agreement” has the meaning given that term by section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)). (3) The term “other entities” means—(A) firms, or a consortium of firms, that are eligible to participate in a partnership or other arrangement with a laboratory of the Department of Energy, as determined in accordance with applicable law and regulations; or (B) firms, or a consortium of firms, described in subparagraph (A) in combination with one or more of the following:(i) Institutions of higher education in the United States. (ii) Departments and agencies of the Federal Government other than the Department of Energy. (iii) Agencies of State governments. (iv) Any other persons or entities that may be eligible and appropriate, as determined in accordance with applicable laws and regulations. (4) The term “atomic energy defense activities” does not include activities covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program.

10 U.S.C. § 6338 University-based research collaboration program

(a) Findings.—Congress makes the following findings:(1) The maintenance of scientific and engineering competence in the United States is vital to long-term national security and the defense and national security missions of the Department of Energy. (2) Engaging the universities and colleges of the Nation in research on long-range problems of vital national security interest will be critical to solving the technology challenges faced within the defense and national security programs of the Department of Energy in the next century. (3) Enhancing collaboration among the national laboratories, universities and colleges, and industry will contribute significantly to the performance of these Department of Energy missions. (b) Program.—The Secretary of Energy shall establish a university program at a location that can develop the most effective collaboration among national laboratories, universities and colleges, and industry in support of scientific and engineering advancement in key Department of Energy defense and national security program areas.

10 U.S.C. § 6339 Limitation on establishing an enduring bioassurance program within the administration

(a) In General.—The Administrator may not establish, administer, manage, or facilitate a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense. (b) Rule of Construction.—The limitation described in subsection (a) shall not be interpreted—(1) to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or (2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided—(A) on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and (B) in a manner that does not interfere with mission of such laboratory or facility.

10 U.S.C. § 6340 Appropriate scoping of artificial intelligence research within the administration

(a) In General.—Funds authorized to be appropriated by this Act 11 See References in Text note below. or otherwise made available for fiscal year 2026, or any subsequent fiscal year, for the Administration for the purposes of conducting research and development of artificial intelligence technologies, executing a program to develop or manage the application of such technologies, or developing, acquiring, or sustaining any associated computing hardware or supporting infrastructure may only be used to support the nuclear security missions of the Administration. (b) Rule of Construction.—The limitation described in subsection (a) may not be interpreted—(1) to prohibit the establishment of an enduring national security artificial intelligence research and development program in any component of the Department of Energy other than the Administration or in any other Federal agency; or (2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of an enduring national security artificial intelligence research and development program or activity, if such support is provided—(A) on a full cost recovery basis, including any associated infrastructure or utility costs, to an entity that is not a component of the Department of Energy; and (B) in a manner that does not interfere with the nuclear security mission of such laboratory or facility.

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