References in Text
Section 2371 of title 10, referred to in subsec. (g)(1), (2), was renumbered section 4021 of title 10 by Pub. L. 116–283, § 1841(b)(1), as amended by Pub. L. 117–81, § 1701(u)(2)(B), Dec. 27, 2021, 135 Stat. 2151.
Section 2371(h) of title 10, referred to in subsec. (g)(7), was repealed by Pub. L. 113–291, div. A, title X, § 1071(f)(20), Dec. 19, 2014, 128 Stat. 3511.
Section 845(f) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note), referred to in subsec. (g)(8)(A), was repealed by Pub. L. 114–92, div. A, title VIII, § 815(c), Nov. 25, 2015, 129 Stat. 896. See section 4022(e) of Title 10, Armed Forces.
2021—Subsec. (g)(5). Pub. L. 117–58 inserted par. heading, designated existing provisions as subpar. (A), inserted subpar. (A) heading, struck out “, for up to 5 years after the date on which the information is developed,” before “any information”, substituted “agency—” and cls. (i) and (ii) for “agency.”, and added subpar. (B).
2020—Subsec. (g)(10). Pub. L. 116–260 substituted “September 30, 2030” for “September 30, 2020”.
2013—Subsec. (g)(10). Pub. L. 113–66 substituted “September 30, 2020” for “September 30, 2015”.
2011—Subsec. (g)(10). Pub. L. 111–383 substituted “September 30, 2015” for “September 30, 2010”.
2005—Subsec. (g). Pub. L. 109–58 added subsec. (g).
1993—Subsecs. (c) to (f). Pub. L. 103–160 added subsecs. (c) to (f).
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.
Small Business Contracting
Pub. L. 109–13, div. A, title VI, § 6022(a), (b), May 11, 2005, 119 Stat. 285, provided that:
Not later than September 30, 2005, the Department of Energy and the Small Business Administration shall enter into a memorandum of understanding setting forth an appropriate methodology for measuring the achievement of the Department of Energy with respect to awarding contracts to small businesses.
“(b) The methodology set forth in the memorandum of understanding entered into under subsection (a) shall, at a minimum, include—
“(1) a method of counting the achievement of the Department of Energy in awards of—
prime contracts; and
subcontracts to small businesses awarded by Department of Energy management and operating, management and integration, and other facility management prime contractors; and
uniform criteria that could be used by prime contractors when measuring the value and number of subcontracts awarded to small businesses.”
Pilot Program Relating to Use of Proceeds of Disposal or Utilization of Certain Department of Energy Assets
Pub. L. 105–85, div. C, title XXXI, § 3138, Nov. 18, 1997, 111 Stat. 2039, which was formerly set out as a note under this section, was renumbered section 4833 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(13)(A)–(C), Nov. 24, 2003, 117 Stat. 1786, and is classified to section 2813 of Title 50, War and National Defense.
Contract Goal for Small Disadvantaged Businesses and Certain Institutions of Higher Education
Pub. L. 103–160, div. C, title XXXI, § 3159, Nov. 30, 1993, 107 Stat. 1956, as amended by Pub. L. 103–337, div. A, title X, § 1070(b)(16), Oct. 5, 1994, 108 Stat. 2857, provided that:
“(a) Goal.—Except as provided in subsection (c), a goal of 5 percent of the amount described in subsection (b) shall be the objective of the Department of Energy in carrying out national security programs of the Department in each of fiscal years 1994 through 2000 for the total combined amount obligated for contracts and subcontracts entered into with—
small business concerns, including mass media and advertising firms, owned and controlled by socially and economically disadvantaged individuals (as such term is used in section 8(d) of the Small Business Act
(15 U.S.C. 637(d)
) and regulations issued under that section), the majority of the earnings of which directly accrue to such individuals;
historically Black colleges and universities, including any nonprofit research institution that was an integral part of such a college or university before November 14, 1986; and
Except as provided in paragraph (2), the requirements of subsection (a) for any fiscal year apply to the combined total of the funds obligated for contracts entered into by the Department of Energy
pursuant to competitive procedures for such fiscal year for purposes of carrying out national security programs of the Department.
In computing the combined total of funds under paragraph (1) for a fiscal year, funds obligated for such fiscal year for contracts for naval reactor programs shall not be included.
“(c) Applicability.—Subsection (a) does not apply—
to the extent to which the Secretary
of Energy determines that compelling national security considerations require otherwise; and
if the Secretary
notifies the Congress
of such a determination and the reasons for the determination.”
Small Business Concerns Participation in Programs Funded by Department of Energy Act of 1978—Civilian Applications; Report to Congressional Committees
Pub. L. 95–238, title II, § 204, Feb. 25, 1978, 92 Stat. 59, as amended by Pub. L. 96–470, title II, § 203(f), Oct. 19, 1980, 94 Stat. 2243, provided that:
In carrying out the programs for which funds are authorized by this Act [see Tables for classification], the Secretary
of Energy shall provide a realistic and adequate opportunity for small business concerns to participate in such programs to the optimum extent feasible consistent with the size and nature of the projects and activities involved.
of Energy shall submit annually to the appropriate committees of the House of Representatives
and the Senate
a full report on the actions taken in carrying out subsection (a) during the preceding year, including the extent to which small business concerns are participating in the programs involved and in projects and activities of various types and sizes within each such program, and indicating the steps currently taken to assure such participation in the future. Such report shall also contain such information as may be required by section 308 of the Act of December 31, 1975 (42 U.S.C. 5878a
; 89 Stat. 1074
[For termination, effective May 15, 2000, of reporting provisions in section 204(b) of Pub. L. 95–238, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 21st item on page 89 of House Document No. 103–7.]