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Other transaction authority

Division C · Title XXXI: Department of Energy National Security Programs · Subtitle B: Program Authorizations, Restrictions, and Limitations

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The Administrator is given special authority to make certain contracts to improve the Administration's mission and nuclear security work, using rules similar to those used by the Department of Defense but adapted for this Administration. Only the Principal Deputy Administrator can use this authority, and the Administrator must report to Congress each year on how this authority is used, including details about the contracts made and any suggested changes to the law.

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Section Text · Sec. 3113.
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6329. Other transaction authority

(a) Authority

In addition to other acquisition authorities, the Administrator may exercise the acquisition authorities referred to in sections 4021 and 4022 of this title to enhance the mission effectiveness of the Administration or to improve the nuclear security enterprise, subject to the provisions of this section.

(b) Administering authority

In carrying out this section, section 4021 and 4022 of this title shall be applied as follows:

(1)

By substituting Administrator for Secretary of Defense , Secretary , and covered official .

(2)

By substituting Administration for Department of Defense and agency .

(3)

By substituting nontraditional government contractor for nontraditional defense contractor .

(4)

By substituting construction for military construction .

(c) Delegation

The Administrator may not delegate the authority under subsection (a) to any official other than the Principal Deputy Administrator.

(d) Annual report

(1)

Not later than March 1, 2028, and annually thereafter, the Administrator shall submit to the congressional defense committees a report detailing the use by the Administrator of the authority under subsection (a).

(2)

Each report under paragraph (1) shall contain the following:

(A)

The number of transactions entered into using the authority under subsection (a).

(B)

The participants to each such transaction.

(C)

The purpose of each such the transaction.

(D)

The amount of each such transaction.

(E)

Any recommendations by the Administrator for legislative changes to improve the use of such authority.