1. U.S. Code
  2. title 50
  3. chapter 42
  4. subchapter VIII
  5. part B
  6. § 2791a

Collapse to view only § 2791a. Laboratory-directed research and development

§ 2791. Laboratory-directed research and development programs
(a) Authority
(b) Regulations
(c) Funding
(d) “Laboratory-directed research and development” defined
(Pub. L. 107–314, div. D, title XLVIII, § 4811, formerly Pub. L. 101–510, div. C, title XXXI, § 3132, Nov. 5, 1990, 104 Stat. 1832; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4811, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(6), Nov. 24, 2003, 117 Stat. 1784; Pub. L. 114–92, div. C, title XXXI, § 3115(a), Nov. 25, 2015, 129 Stat. 1193.)

CITE AS: 50 USC 2791

§ 2791a. 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 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.

(Pub. L. 111–8, div. C, title III, § 308, Mar. 11, 2009, 123 Stat. 626.)

CITE AS: 50 USC 2791a

§ 2791b. 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 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.

(Pub. L. 113–235, div. D, title III, § 311, Dec. 16, 2014, 128 Stat. 2326.)

CITE AS: 50 USC 2791b

§ 2792. Limitations on use of funds for laboratory directed research and development purposes
(a) Limitation on use of weapons activities funds
(b) Limitation on use of certain other funds
(c) Limitation on use of funds for overhead
(Pub. L. 107–314, div. D, title XLVIII, § 4812, formerly Pub. L. 105–85, div. C, title XXXI, § 3137, Nov. 18, 1997, 111 Stat. 2038; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4812, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(7)(A), Nov. 24, 2003, 117 Stat. 1784; Pub. L. 112–239, div. C, title XXXI, § 3131(w), Jan. 2, 2013, 126 Stat. 2184; Pub. L. 113–66, div. C, title XXXI, § 3146(i)(3), Dec. 26, 2013, 127 Stat. 1082; Pub. L. 117–263, div. C, title XXXI, § 3116(a), Dec. 23, 2022, 136 Stat. 3054.)

CITE AS: 50 USC 2792

§ 2793. Report on use of funds for certain research and development purposes
(a) Report required
(b) Plant-directed research and development
(1) In general
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) Plant-directed research and development defined
(c) Preparation of report
(d) Criteria used in preparation of report
(Pub. L. 107–314, div. D, title XLVIII, § 4812A, formerly Pub. L. 104–201, div. C, title XXXI, § 3136, Sept. 23, 1996, 110 Stat. 2830; Pub. L. 107–314, div. D, title XLVIII, § 4812(c), formerly Pub. L. 105–85, div. C, title XXXI, § 3137(c), Nov. 18, 1997, 111 Stat. 2039, renumbered Pub. L. 107–314, div. D, title XLVIII, § 4812(c), by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(7)(A)(i)–(iii), Nov. 24, 2003, 117 Stat. 1784; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4812A, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(7)(B), Nov. 24, 2003, 117 Stat. 1784; Pub. L. 113–66, div. C, title XXXI, § 3146(i)(4)(A), Dec. 26, 2013, 127 Stat. 1082; Pub. L. 117–81, div. C, title XXXI, § 3134, Dec. 27, 2021, 135 Stat. 2231.)

CITE AS: 50 USC 2793

§ 2794. Critical technology partnerships and cooperative research and development centers
(a) Partnerships
(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) DefinitionsIn 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 of title 10).
(2) The term “cooperative research and development agreement” has the meaning given that term by section 3710a(d) of title 15.
(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.
(Pub. L. 107–314, div. D, title XLVIII, § 4813, formerly Pub. L. 102–190, div. C, title XXXI, § 3136, Dec. 5, 1991, 105 Stat. 1577; Pub. L. 103–35, title II, § 203(b)(3), May 31, 1993, 107 Stat. 102; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4813, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(8), Nov. 24, 2003, 117 Stat. 1785; Pub. L. 111–383, div. C, title XXXI, § 3115(a), Jan. 7, 2011, 124 Stat. 4511; Pub. L. 112–239, div. C, title XXXI, § 3131(x), Jan. 2, 2013, 126 Stat. 2184; Pub. L. 113–66, div. C, title XXXI, § 3146(i)(5), Dec. 26, 2013, 127 Stat. 1082; Pub. L. 113–291, div. C, title XXXI, § 3142(t), Dec. 19, 2014, 128 Stat. 3901; Pub. L. 117–81, div. A, title XVII, § 1702(k)(3)(B), Dec. 27, 2021, 135 Stat. 2160.)

CITE AS: 50 USC 2794

§ 2795. 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
(Pub. L. 107–314, div. D, title XLVIII, § 4814, formerly Pub. L. 105–85, div. C, title XXXI, § 3155, Nov. 18, 1997, 111 Stat. 2044; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4814, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(9), Nov. 24, 2003, 117 Stat. 1785; Pub. L. 112–239, div. C, title XXXI, § 3131(y), Jan. 2, 2013, 126 Stat. 2185.)

CITE AS: 50 USC 2795

§ 2796. Limitation on establishing an enduring bioassurance program within the Administration
(a) In general
(b) Rule of constructionThe 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.
(Pub. L. 107–314, div. D, title XLVIII, § 4815, as added Pub. L. 118–31, div. C, title XXXI, § 3122(a), Dec. 22, 2023, 137 Stat. 792.)

CITE AS: 50 USC 2796