§2441a — Title 50 War and National Defense | U.S. Code

Summary

Requires the Administrator to make experts at the national security labs and nuclear weapons production sites available to the Administration, the Department of Energy, the Department of Defense, other federal agencies, and Congress by temporarily assigning those staff under the Intergovernmental Personnel Act Mobility Program and similar programs. The Office of the Administrator includes employees paid from the Administration account called "Federal Salaries and Expenses." When the President’s budget is sent to Congress under section 1105 of Title 31, the Administrator must brief the congressional defense committees. The briefing must give a full-time-equivalent (FTE) projection of Office of the Administrator employees for the budget year and the four subsequent fiscal years, shown by office. For the most recent fiscal year it must also report service support contract details: how many contracts and whether they use program or program direction funds; the FTE number of contractor staff per contract and how many have worked on a contract for more than two years; for each contract which appropriations accounts pay for it and how much was obligated from each account; and the total obligated from each identified account. Employee counts must be on an FTE basis and include staff regardless of location, except do not count employees of the Office of Naval Reactors, the Office of Secure Transportation, members of the Armed Forces detailed to the Administration, or personnel assigned under the Intergovernmental Personnel Act Mobility Program (subchapter VI of chapter 33 of Title 5).

Title 50, §2441a

War and National Defense — Source: USLM XML via OLRC

(a)The Administrator shall ensure that the expertise of the national security laboratories and the nuclear weapons production facilities is made available to the Administration, the Department 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 Program and other similar programs.

(b)In this section, the term “Office of the Administrator”, with respect to the employees of the Administration, includes employees whose funding is derived from an account of the Administration titled “Federal Salaries and Expenses”.

(c)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 subsequent fiscal years, broken down by the office in which the employees are projected to be assigned.

(2)With respect to the most recent fiscal year for which data is available—

(A)the number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds;

(B)the number of full-time equivalent contractor employees working under each contract identified under subparagraph (A);

(C)the number of full-time equivalent contractor 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 identified under subparagraph (A)—

(i)identification of each appropriations account that supports the contract; and

(ii)the amount obligated under the contract during the fiscal year, listed by each such account; and

(E)with respect to each appropriations account identified under subparagraph (D)(i), the total amount obligated for contracts identified under subparagraph (A).

(d)(1)A determination of the number of employees in the Office of the Administrator under subsection (c) shall be expressed on a full-time equivalent basis.

(2)Except as provided by paragraph (3), in determining 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 employee is located at the headquarters of the Administration, a site office of the Administration, a service or support center of the Administration, or any other location.

(3)The following employees may not be counted 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 Reactors.

(B)Employees of the Office of Secure Transportation.

(C)Members of the Armed Forces detailed to the Administration.

(D)Personnel supporting the Office of the Administrator pursuant to the mobility program under subchapter VI of chapter 33 of title 5 (commonly referred to as the “Intergovernmental Personnel Act Mobility Program”).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263, § 3117(a)(1), (2), redesignated subsec. (d) as (a) and struck out former subsec. (a) which limited the number of employees of the Office of the Administrator to 1,890 and required justification 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), redesignated subsec. (f) as (c) and amended it generally. Prior to amendment, subsec. related to report to be included in annual budget justification materials. Former subsec. (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 separation or retirement incentives to meet the total number of employees authorized under subsection (a).” Subsec. (d). Pub. L. 117–263, § 3117(a)(3), (c), redesignated subsec. (b) as (d) and substituted “under subsection (c)” for “under subsection (a)” wherever appearing. Former subsec. (d) redesignated (a). Subsecs. (e), (f). Pub. L. 117–263, § 3117(a)(2), redesignated 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 introductory 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 identified under paragraph (2)— “(A) the cost of the contract; and “(B) identification of the program or program direction 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), substituted “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).

§2441a Authorized Personnel Levels of the Office of the Administrator

Summary

Title 50, §2441a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata