CHAPTER 42 —ATOMIC ENERGY DEFENSE PROVISIONS
SUBCHAPTER I—ORGANIZATIONAL MATTERS
SUBCHAPTER II—NUCLEAR WEAPONS STOCKPILE MATTERS
Part A—Stockpile Stewardship and Weapons Production
Part B—Tritium
SUBCHAPTER III—PROLIFERATION MATTERS
SUBCHAPTER IV—DEFENSE ENVIRONMENTAL CLEANUP MATTERS
Part A—Defense Environmental Cleanup
Part B—Closure of Facilities
Part C—Hanford Reservation, Washington
Part D—Savannah River Site, South Carolina
SUBCHAPTER V—SAFEGUARDS AND SECURITY MATTERS
Part A—Safeguards and Security
Part B—Classified Information
SUBCHAPTER VI—PERSONNEL MATTERS
Part A—Personnel Management
Part B—Education and Training
Part C—Worker Safety
SUBCHAPTER VII—BUDGET AND FINANCIAL MANAGEMENT MATTERS
Part A—Recurring National Security Authorization Provisions
Part B—Penalties
Part C—Other Matters
SUBCHAPTER VIII—ADMINISTRATIVE MATTERS
Part A—Contracts
Part B—Research and Development
Part C—Facilities Management
Part D—Other Matters
§2501. Definitions
Except as otherwise provided, in this chapter:
(1) The term "Administration" means the National Nuclear Security Administration.
(2) The term "Administrator" means the Administrator for Nuclear Security.
(3) The term "classified information" means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 (
(4) The term "congressional defense committees" means—
(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(5) The terms "defense nuclear facility" and "Department of Energy defense nuclear facility" have the meaning given the term "Department of Energy defense nuclear facility" in
(6) The term "nuclear security enterprise" means the physical facilities, technology, and human capital of the national security laboratories and the nuclear weapons production facilities.
(7) The term "national security laboratory" means any of the following:
(A) Los Alamos National Laboratory, Los Alamos, New Mexico.
(B) Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California.
(C) Lawrence Livermore National Laboratory, Livermore, California.
(8) The term "Nuclear Weapons Council" means the Nuclear Weapons Council established by
(9) The term "nuclear weapons production facility" means any of the following:
(A) The Kansas City National Security Campus, Kansas City, Missouri.
(B) The Pantex Plant, Amarillo, Texas.
(C) The Y–12 National Security Complex, Oak Ridge, Tennessee.
(D) The Savannah River Site, Aiken, South Carolina.
(E) The Nevada National Security Site, Nevada.
(F) Any facility of the Department of Energy that the Secretary of Energy, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.
(10) The term "Restricted Data" has the meaning given such term in
(
Editorial Notes
References in Text
Executive Order No. 12958, referred to in par. (3), which was formerly set out as a note under section 435 (now section 3161) of this title, was revoked by Ex. Ord. No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.
Amendments
2019—Par. (9)(A).
2014—Par. (3).
2013—
Pars. (5) to (10).
Statutory Notes and Related Subsidiaries
Short Title
Transfer and Consolidation of Recurring and General Provisions on Department of Energy National Security Programs
"(1)
"(2)
"(3)
"(4)
SUBCHAPTER I—ORGANIZATIONAL MATTERS
§2511. Naval Nuclear Propulsion Program
The provisions of Executive Order Numbered 12344, dated February 1, 1982, pertaining to the Naval Nuclear Propulsion Program, shall remain in force until changed by law.
(
Editorial Notes
References in Text
Executive Order Numbered 12344, referred to in text, is set out as a note below.
Codification
Section was formerly set out as a note under
Executive Documents
Transfer of Functions
All national security functions and activities performed immediately before Oct. 5, 1999, by the Office of Naval Reactors transferred to the Administrator for Nuclear Security of the National Nuclear Security Administration of the Department of Energy, and the Deputy Administrator for Naval Reactors of the Administration to be assigned the responsibilities, authorities, and accountability for all functions of the Office of Naval Reactors under Executive Order No. 12344, set out below, see
Executive Order No. 12344 To Remain in Force
Except as otherwise specified in
Ex. Ord. No. 12344. Naval Nuclear Propulsion Program
Ex. Ord. No. 12344, Feb. 1, 1982, 47 F.R. 4979, provided:
By the authority vested in me as President and as Commander in Chief of the Armed Forces of the United States of America, with recognition of the crucial importance to national security of the Naval Nuclear Propulsion Program, and for the purpose of preserving the basic structure, policies, and practices developed for this Program in the past and assuring that the Program will continue to function with excellence, it is hereby ordered as follows:
(a) direct supervision over the Bettis and Knolls Atomic Power Laboratories, the Expended Core Facility and naval reactor prototype plants;
(b) research, development, design, acquisition, specification, construction, inspection, installation, certification, testing, overhaul, refueling, operating practices and procedures, maintenance, supply support, and ultimate disposition, of naval nuclear propulsion plants, including components thereof, and any special maintenance and service facilities related thereto;
(c) the safety of reactors and associated navel [naval] nuclear propulsion plants, and control of radiation and radioactivity associated with naval nuclear propulsion activities, including prescribing and enforcing standards and regulations for these areas as they affect the environment and the safety and health of workers, operators, and the general public;
(d) training, including training conducted at the naval prototype reactors of the Department of Energy, and assistance and concurrence in the selection, training, qualification, and assignment of personnel reporting to the director and of personnel who supervise, operate, or maintain naval nuclear propulsion plants; and
(e) administration of the Naval Nuclear Propulsion Program, including oversight of program support in areas such as security, nuclear safeguards and transportation, public information, procurement, logistics and fiscal management.
(a) research, development, design, procurement, specification, construction, inspection, installation, certification, testing, overhaul, refueling, operating practices and procedures, maintenance, supply support, and ultimate disposition, of naval nuclear propulsion plants, including components thereof, and any special maintenance and service facilities related thereto; and
(b) training programs, including Nuclear Power Schools of the Navy, and assistance and concurrence in the selection, training, qualification, and assignment of personnel reporting to the director and of Government personnel who supervise, operate, or maintain naval nuclear propulsion plants.
(a) the safety of reactors and associated naval nuclear propulsion plants, and control of radiation and radioactivity associated with naval nuclear propulsion activities, including prescribing and enforcing standards and regulations for these areas as they affect the environment and the safety and health of workers, operators, and the general public.
(b) administration of the Naval Nuclear Propulsion Program, including oversight of program support in areas such as security, nuclear safeguards and transportation, public information, procurement, logistics, and fiscal management.
Ronald Reagan.
§2512. Management structure for nuclear security enterprise
(a) In general
The Administrator shall establish a management structure for the nuclear security enterprise in accordance with the National Nuclear Security Administration Act (
(b) National Nuclear Security Administration Council
(1) The Administrator shall establish a council to be known as the "National Nuclear Security Administration Council". The Council may advise the Administrator on—
(A) scientific and technical issues relating to policy matters;
(B) operational concerns;
(C) strategic planning;
(D) the development of priorities relating to the mission and operations of the Administration and the nuclear security enterprise; and
(E) such other matters as the Administrator determines appropriate.
(2) The Council shall be composed of the directors of the national security laboratories and the nuclear weapons production facilities.
(3) The Council may provide the Administrator or the Secretary of Energy recommendations—
(A) for improving the governance, management, effectiveness, and efficiency of the Administration; and
(B) relating to any other matter in accordance with paragraph (1).
(4) Not later than 60 days after the date on which any recommendation under paragraph (3) is received, the Administrator or the Secretary, as the case may be, shall respond to the Council with respect to whether such recommendation will be implemented and the reasoning for implementing or not implementing such recommendation.
(
Editorial Notes
References in Text
The National Nuclear Security Administration Act, referred to in subsec. (a), is
Codification
Section was formerly set out as a note under
Amendments
2014—Subsec. (b)(3).
Subsec. (b)(3)(A).
Subsec. (b)(3)(B).
2013—
2003—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Monitoring of Industrial Base for Nuclear Weapons Components, Subsystems, and Materials
"(a)
"(1) the consistent monitoring of the current status of the industrial base;
"(2) tracking of industrial base issues over time; and
"(3) proactively identifying gaps or risks in specific areas relating to the industrial base.
"(b)
"(c)
"(1) officials of the Department of Defense who are members of the Nuclear Weapons Council established under
"(2) officials of the Department of Defense responsible for the defense industrial base; and
"(3) other components of the Department of Energy that rely on similar components, subsystems, or materials.
"(d)
"(1)
"(A) the responsibilities assigned to that official; and
"(B) the plan for providing that official with resources sufficient to conduct the monitoring required by subsection (a).
"(2)
"(e)
"(1) identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the National Nuclear Security Administration;
"(2) describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps;
"(3) describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps;
"(4) setting forth the anticipated timelines and resources needed for such mitigating actions; and
"(5) describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal Government or the private sector to address such risks and gaps."
Common Financial Reporting System for the Nuclear Security Enterprise
"(a)
"(b)
"(1) Common data reporting requirements for work performed using funds of the National Nuclear Security Administration, including reporting of financial data by standardized labor categories, labor hours, functional elements, and cost elements.
"(2) A common work breakdown structure for the Administration that aligns contractor work breakdown structures with the budget structure of the Administration.
"(3) Definitions and methodologies for identifying and reporting costs for programs of records and base capabilities within the Administration.
"(4) A capability to leverage, where appropriate, the Defense Cost Analysis Resource Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense using historical costing data by the Administration.
"(c)
"(1)
"(2)
"(A) A summary of activities, accomplishments, challenges, benefits, and costs related to the implementation of a common financial reporting system for the nuclear security enterprise during the year preceding the year in which such report is submitted.
"(B) A summary of planned activities in connection with the implementation of a common financial reporting system for the nuclear security enterprise in the year in which such report is submitted.
"(C) A description of any anticipated modifications to the schedule for implementing a common financial reporting system for the nuclear security enterprise, including an update on possible risks, challenges, and costs related to such implementation.
"(3)
"(d)
Industry Best Practices in Operations at National Nuclear Security Administration Facilities and Sites
Governance and Management of Nuclear Security Enterprise
"(a)
"(1) correcting the longstanding problems with the governance and management of the nuclear security enterprise will require robust, personal, and long-term engagement by the President, the Secretary of Energy, the Administrator for Nuclear Security, and leaders from the appropriate congressional committees;
"(2) recent and past studies of the governance and management of the nuclear security enterprise have provided a list of reasonable, practical, and actionable steps that the Secretary and the Administrator should take to make the nuclear security enterprise more efficient and more effective; and
"(3) lasting and effective change to the nuclear security enterprise will require personal engagement by senior leaders, a clear plan, and mechanisms for ensuring follow-through and accountability.
"(b)
"(1)
"(B) The team established under paragraph (1) shall be co-chaired by the Deputy Secretary of Energy and the Administrator.
"(C) In developing and carrying out the implementation plan, the team shall consult with the implementation assessment panel established under subsection (c)(1).
"(2)
"(3)
"(c)
"(1)
"(2)
"(A) provide guidance to the Secretary and the Administrator with respect to the implementation plan developed under subsection (b)(1)(A), including how such plan compares or contrasts with the covered study;
"(B) track the implementation of such plan; and
"(C) assess the effectiveness of such plan.
"(3)
"(B) Beginning February 28, 2017, and semiannually thereafter through 2020, the panel established under paragraph (1) shall brief the appropriate congressional committees, the Secretary, and the Administrator on the efforts of the Secretary and the Administrator to implement the implementation plan developed under subsection (b)(1)(A).
"(C) Not later than September 30, 2020, the panel established under paragraph (1) shall submit to the appropriate congressional committees, the Secretary, and the Administrator a final report on the efforts of the Secretary and the Administrator to implement the implementation plan developed under subsection (b)(1)(A), including an assessment of the effectiveness of the reform efforts under such plan and whether further action is needed.
"(4)
"(d)
"(1)
"(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and
"(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives.
"(2)
"(A) The final report of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise established by section 3166 of the National Defense Authorization Act for Fiscal Year 2013 (
"(B) Any other study not conducted by the Secretary or the Administrator that the Secretary determines appropriate for purposes of this section.
"(3)
"(e)
"(1) in contravention of section 3220 of the National Nuclear Security Administration Act (
"(2) that would undermine or weaken health, safety, or security."
Clarification of Role of Secretary of Energy
§2513. Restriction on licensing requirement for certain defense activities and facilities
None of the funds authorized to be appropriated by the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (
(
Editorial Notes
References in Text
The Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981, referred to in text, is
Codification
Section was formerly classified to
Prior Provisions
Provisions similar to those in this section were contained in the following appropriations act:
Amendments
2013—
2003—
Executive Documents
Transfer of Functions
For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561,
§2514. Transferred
Editorial Notes
Codification
Section,
§2515. Establishment of Center for Security Technology, Analysis, Response, and Testing
(a) Establishment
The Administrator for Nuclear Security shall establish within the nuclear security enterprise (as defined in
(b) Duties
The center established under subsection (a) shall carry out the following:
(1) Provide to the Administrator, the Chief of Defense Nuclear Security, and the management and operating contractors of the nuclear security enterprise a wide range of objective expertise on security technologies, systems, analysis, testing, and response forces.
(2) Assist the Administrator in developing standards, requirements, analysis methods, and testing criteria with respect to security.
(3) Collect, analyze, and distribute lessons learned with respect to security.
(4) Support inspections and oversight activities with respect to security.
(5) Promote professional development and training for security professionals.
(6) Provide for advance and bulk procurement for security-related acquisitions that affect multiple facilities of the nuclear security enterprise.
(7) Advocate for continual improvement and security excellence throughout the nuclear security enterprise.
(8) Such other duties as the Administrator may assign.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2014, and not as part of the Atomic Energy Defense Act which comprises this chapter.
SUBCHAPTER II—NUCLEAR WEAPONS STOCKPILE MATTERS
Part A—Stockpile Stewardship and Weapons Production
§2521. Stockpile stewardship program
(a) Establishment
The Secretary of Energy, acting through the Administrator, shall establish a stewardship program to ensure—
(1) the preservation of the core intellectual and technical competencies of the United States in nuclear weapons, including weapons design, system integration, manufacturing, security, use control, reliability assessment, and certification; and
(2) that the nuclear weapons stockpile is safe, secure, and reliable without the use of underground nuclear weapons testing.
(b) Program elements
The program shall include the following:
(1) An increased level of effort for the construction of new facilities and the modernization of existing facilities with production and manufacturing capabilities that are necessary to support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, and security of the United States nuclear weapons stockpile, including—
(A) the nuclear weapons production facilities; and
(B) production and manufacturing capabilities resident in the national security laboratories.
(2) Support for advanced computational capabilities to enhance the simulation and modeling capabilities of the United States with respect to the performance over time of nuclear weapons.
(3) Support for above-ground experimental programs, such as hydrotesting, high-energy lasers, inertial confinement fusion, plasma physics, and materials research.
(4) Support for the modernization of facilities and projects that contribute to the experimental capabilities of the United States that support the sustainment and modernization of the United States nuclear weapons stockpile and the capabilities required to assess nuclear weapons effects.
(5) Support for the use of, and experiments facilitated by, the advanced experimental facilities of the United States, including—
(A) the National Ignition Facility at Lawrence Livermore National Laboratory;
(B) the Dual Axis Radiographic Hydrodynamic Test Facility at Los Alamos National Laboratory;
(C) the Z Machine at Sandia National Laboratories; and
(D) the experimental facilities at the Nevada National Security Site.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2024—Subsec. (b)(1).
Subsec. (b)(2), (3).
Subsec. (b)(4).
Subsec. (b)(5).
2013—Subsec. (a).
Subsec. (b)(4)(D).
Subsec. (b)(5).
"(A) the Pantex Plant;
"(B) the Y–12 National Security Complex;
"(C) the Kansas City Plant;
"(D) the Savannah River Site; and".
Subsec. (b)(5)(E).
2009—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(4), (5).
Subsec. (c).
1997—Subsec. (d).
Statutory Notes and Related Subsidiaries
Portfolio Management Framework for National Nuclear Security Administration
"(a)
"(1) in consultation with the Nuclear Weapons Council established under
"(A) defines the National Nuclear Security Administration's portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs;
"(B) establishes a portfolio governance structure, including portfolio-level selection criteria, prioritization criteria, and performance metrics;
"(C) outlines the approach of the National Nuclear Security Administration to managing that portfolio; and
"(D) incorporates the leading practices identified by the Comptroller General of the United States in the report titled 'Nuclear Security Enterprise: NNSA Should Use Portfolio Management Leading Practices to Support Modernization Efforts' (GAO–21–398) and dated June 2021; and
"(2) complete an integrated, comprehensive assessment of the portfolio management capabilities required to execute the weapons activities portfolio of the National Nuclear Security Administration.
"(b)
"(1) the progress of the Administrator in developing the framework described in paragraph (1) of subsection (a) and completing the assessment required by paragraph (2) of that subsection; and
"(2) the plans of the Administrator for implementing the recommendations of the Comptroller General in the report referred to in paragraph (1)(D) of that subsection.
"(c)
Nuclear Warhead Design Competition
"(a)
"(1) In January 2016, the co-chairs of a congressionally mandated study panel from the National Academies of Science testified to the following before the Committee on Armed Services of the House of Representatives:
"(A) 'The National Nuclear Security Administration (NNSA) complex must engage in robust design competitions in order to exercise the design and production skills that underpin stockpile stewardship and are necessary to meet evolving threats.'.
"(B) 'To exercise the full set of design skills necessary for an effective nuclear deterrent, the NNSA should develop and conduct the first in what the committee envisions to be a series of design competitions that integrate the full end-to-end process from novel design conception through engineering, building, and non-nuclear testing of a prototype.'.
"(2) In March 2016 testimony before the Committee on Armed Services of the House of Representatives regarding a December 2016 Defense Science Board report entitled, 'Seven Defense Priorities for the New Administration', members of that Board said the following:
"(A) 'A key contributor to nuclear deterrence is the continuous, adaptable exercise of the development, design, and production functions for nuclear weapons in both the DOD and DOE. . . . Yet the DOE laboratories and DOD contractor community have done little integrated design and development work outside of life extension for 25 years, let alone concept development that could serve as a hedge to surprise.'.
"(B) 'The Defense Science Board believes that the triad's complementary features remain robust tenets for the design of a future force. Replacing our current, aging force is essential, but not sufficient in the more complex nuclear environment we now face to provide the adaptability or flexibility to confidently hold at risk what adversaries value. In particular, if the threat evolves in ways that favorably change the cost/benefit calculus in the view of an adversary's leadership, then we should be in a position to quickly restore a credible deterrence posture.'.
"(3) In a memorandum dated May 9, 2014, then-Secretary of Energy Ernie Moniz said the following:
"(A) 'If nuclear military capabilities are to provide deterrence for the nation they need to be relevant to the emerging global strategic environment. The current stockpile was designed to meet the needs of a bipolar world with roots in the Cold War era. A more complex, chaotic, and dynamic security environment is emerging. In order to uphold the Department's mission to ensure an effective nuclear deterrent. . . . we must ensure our nuclear capabilities meet the challenges of known and potential geopolitical and technological trends. Therefore we must look ahead, using the expertise of our laboratories, to how the capabilities that may be employed by other nations could impact deterrence over the next several decades.'.
"(B) 'We must challenge our thinking about our programs of record in order to permit foresighted actions that may reduce, in the coming decades, the chances for surprise and that buttress deterrence.'.
"(b)
"(1)
"(A) examine options for warhead design and related delivery system requirements in the 2030s, including—
"(i) life extension of existing weapons;
"(ii) new capabilities; and
"(iii) such other concepts as the Administrator and the Chairman determine necessary to fully exercise and create responsive design capabilities in the enterprise and ensure a robust nuclear deterrent into the 2030s;
"(B) assess how the capabilities and defenses that may be employed by other countries could impact deterrence in 2030 and beyond and how such threats could be addressed or mitigated in the warhead and related delivery systems;
"(C) exercise the full set of design skills necessary for an effective nuclear deterrent and responsive enterprise through production of conceptual designs and, as the Administrator determines appropriate, production of non-nuclear prototypes of components or subsystems; and
"(D) examine and recommend actions for significantly shortening timelines and significantly reducing costs associated with design, development, certification, and production of the warhead, without reducing worker or public health and safety.
"(2)
"(A) during fiscal year 2018, develop a plan to carry out paragraph (1); and
"(B) during fiscal year 2019, implement such plan.
"(c)
Plan for Developing Exascale Computing and Incorporating Such Computing Into the Stockpile Stewardship Program
"(a)
"(b)
"(1) the development of a prototype exascale computer for the stockpile stewardship program; and
"(2) mitigating disruptions resulting from the transition to exascale computing.
"(c)
"(d)
"(1) address, in the estimated expenditures and proposed appropriations reflected in each future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (
"(A) developing exascale computing and incorporating such computing into the stockpile stewardship program; and
"(B) mitigating potential disruptions resulting from the transition to exascale computing; and
"(2) include in each such future-years nuclear security program a description of the costs of efforts to develop exascale computing borne by the National Nuclear Security Administration, the Office of Science of the Department of Energy, other Federal agencies, and private industry.
"(e)
"(f)
§2522. Stockpile stewardship criteria
(a) Requirement for criteria
The Secretary of Energy shall develop clear and specific criteria for judging whether the science-based tools being used by the Department of Energy for determining the safety and reliability of the nuclear weapons stockpile are performing in a manner that will provide an adequate degree of certainty that the stockpile is safe and reliable.
(b) Coordination with Secretary of Defense
The Secretary of Energy, in developing the criteria required by subsection (a), shall coordinate with the Secretary of Defense.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2013—
Subsecs. (c), (d).
2009—Subsec. (c).
Subsec. (d).
1999—Subsec. (c).
§2523. Nuclear weapons stockpile stewardship, management, and responsiveness plan
(a) Plan requirement
The Administrator, in consultation with the Secretary of Defense and other appropriate officials of the departments and agencies of the Federal Government, shall develop and annually update a plan for sustaining the nuclear weapons stockpile. The plan shall cover, at a minimum, stockpile stewardship, stockpile management, stockpile responsiveness, stockpile surveillance, program direction, infrastructure modernization, human capital, and nuclear test readiness. The plan shall be consistent with the programmatic and technical requirements of the most recent annual Nuclear Weapons Stockpile Memorandum.
(b) Submissions to Congress
(1) In accordance with subsection (c), not later than March 15 of each even-numbered year, the Administrator shall submit to the congressional defense committees a summary of the plan developed under subsection (a).
(2) In accordance with subsection (d), not later than March 15 of each odd-numbered year, the Administrator shall submit to the congressional defense committees a detailed report on the plan developed under subsection (a).
(3) The summaries and reports required by this subsection shall be submitted in unclassified form, but may include a classified annex.
(c) Elements of biennial plan summary
Each summary of the plan submitted under subsection (b)(1) shall include, at a minimum, the following:
(1) A summary of the status of the nuclear weapons stockpile, including the number and age of warheads (including both active and inactive) for each warhead type.
(2) A summary of the status, plans, budgets, and schedules for warhead life extension programs and any other programs to modify, update, or replace warhead types.
(3) A summary of the methods and information used to determine that the nuclear weapons stockpile is safe and reliable, as well as the relationship of science-based tools to the collection and interpretation of such information.
(4) A summary of the status of the nuclear security enterprise, including programs and plans for infrastructure modernization and retention of human capital, as well as associated budgets and schedules.
(5) A summary of the status, plans, and budgets for carrying out the stockpile responsiveness program under
(6) A summary of the plan regarding the research and development, deployment, and lifecycle sustainment of technologies described in subsection (d)(7).
(7) A summary of the assessment under subsection (d)(8) regarding the execution of programs with current and projected budgets and any associated risks.
(8) Identification of any modifications or updates to the plan since the previous summary or detailed report was submitted under subsection (b).
(9) Such other information as the Administrator considers appropriate.
(d) Elements of biennial detailed report
Each detailed report on the plan submitted under subsection (b)(2) shall include, at a minimum, the following:
(1) With respect to stockpile stewardship, stockpile management, and stockpile responsiveness—
(A) the status of the nuclear weapons stockpile, including the number and age of warheads (including both active and inactive) for each warhead type;
(B) for each five-year period occurring during the period beginning on the date of the report and ending on the date that is 20 years after the date of the report—
(i) the planned number of nuclear warheads (including active and inactive) for each warhead type in the nuclear weapons stockpile; and
(ii) the past and projected future total lifecycle cost of each type of nuclear weapon;
(C) the status, plans, budgets, and schedules for warhead life extension programs and any other programs to modify, update, or replace warhead types;
(D) a description of the process by which the Administrator assesses the lifetimes, and requirements for life extension or replacement, of the nuclear and non-nuclear components of the warheads (including active and inactive warheads) in the nuclear weapons stockpile;
(E) a description of the process used in recertifying the safety, security, and reliability of each warhead type in the nuclear weapons stockpile;
(F) any concerns of the Administrator that would affect the ability of the Administrator to recertify the safety, security, or reliability of warheads in the nuclear weapons stockpile (including active and inactive warheads);
(G) mechanisms to provide for the manufacture, maintenance, and modernization of each warhead type in the nuclear weapons stockpile, as needed;
(H) mechanisms to expedite the collection of information necessary for carrying out the stockpile management program required by
(I) mechanisms to ensure the appropriate assignment of roles and missions for each national security laboratory and nuclear weapons production facility, including mechanisms for allocation of workload, mechanisms to ensure the carrying out of appropriate modernization activities, and mechanisms to ensure the retention of skilled personnel;
(J) mechanisms to ensure that each national security laboratory has full and complete access to all weapons data to enable a rigorous peer-review process to support the annual assessment of the condition of the nuclear weapons stockpile required under
(K) mechanisms for allocating funds for activities under the stockpile management program required by
(L) for each of the five fiscal years following the fiscal year in which the report is submitted, an identification of the funds needed to carry out the program required under
(M) the status, plans, activities, budgets, and schedules for carrying out the stockpile responsiveness program under
(N) for each of the five fiscal years following the fiscal year in which the report is submitted, an identification of the funds needed to carry out the program required under
(O) as required, when assessing and developing prototype nuclear weapons of foreign countries, a report from the directors of the national security laboratories on the need and plan for such assessment and development that includes separate comments on the plan from the Secretary of Energy and the Director of National Intelligence.
(2) With respect to science-based tools—
(A) a description of the information needed to determine that the nuclear weapons stockpile is safe and reliable;
(B) for each science-based tool used to collect information described in subparagraph (A), the relationship between such tool and such information and the effectiveness of such tool in providing such information based on the criteria developed pursuant to
(C) the criteria developed under
(3) An assessment of the stockpile stewardship program under
(A) an identification and description of—
(i) any key technical challenges to the stockpile stewardship program; and
(ii) the strategies to address such challenges without the use of nuclear testing;
(B) a strategy for using the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory to ensure that the nuclear weapons stockpile is safe, secure, and reliable without the use of nuclear testing;
(C) an assessment of the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory that exist at the time of the assessment compared with the science-based tools expected to exist during the period covered by the future-years nuclear security program; and
(D) an assessment of the core scientific and technical competencies required to achieve the objectives of the stockpile stewardship program and other weapons activities and weapons-related activities of the Administration, including—
(i) the number of scientists, engineers, and technicians, by discipline, required to maintain such competencies; and
(ii) a description of any shortage of such individuals that exists at the time of the assessment compared with any shortage expected to exist during the period covered by the future-years nuclear security program.
(4) With respect to the nuclear security infrastructure—
(A) a description of the modernization and refurbishment measures the Administrator determines necessary to meet the requirements prescribed in—
(i) the national security strategy of the United States as set forth in the most recent national security strategy report of the President under
(ii) the most recent national defense strategy as of the date of the plan; and
(iii) the most recent Nuclear Posture Review as of the date of the plan;
(B) a schedule for implementing the measures described under subparagraph (A) during the 10-year period following the date of the plan;
(C) the estimated levels of annual funds the Administrator determines necessary to carry out the measures described under subparagraph (A), including a discussion of the criteria, evidence, and strategies on which such estimated levels of annual funds are based; and
(D)(i) a description of—
(I) the metrics (based on industry best practices) used by the Administrator to determine the infrastructure deferred maintenance and repair needs of the nuclear security enterprise; and
(II) the percentage of replacement plant value being spent on maintenance and repair needs of the nuclear security enterprise; and
(ii) an explanation of whether the annual spending on such needs complies with the recommendation of the National Research Council of the National Academies of Sciences, Engineering, and Medicine that such spending be in an amount equal to four percent of the replacement plant value, and, if not, the reasons for such noncompliance and a plan for how the Administrator will ensure facilities of the nuclear security enterprise are being properly sustained.
(5) With respect to the nuclear test readiness of the United States—
(A) an estimate of the period of time that would be necessary for the Administrator to conduct an underground test of a nuclear weapon once directed by the President to conduct such a test;
(B) a description of the level of test readiness that the Administrator, in consultation with the Secretary of Defense, determines to be appropriate;
(C) a list and description of the workforce skills and capabilities that are essential to carrying out an underground nuclear test at the Nevada National Security Site;
(D) a list and description of the infrastructure and physical plants that are essential to carrying out an underground nuclear test at the Nevada National Security Site; and
(E) an assessment of the readiness status of the skills and capabilities described in subparagraph (C) and the infrastructure and physical plants described in subparagraph (D).
(6) A strategy for the integrated management of plutonium for stockpile and stockpile stewardship needs over a 20-year period that includes the following:
(A) An assessment of the baseline science issues necessary to understand plutonium aging under static and dynamic conditions under manufactured and nonmanufactured plutonium geometries.
(B) An assessment of scientific and testing instrumentation for plutonium at elemental and bulk conditions.
(C) An assessment of manufacturing and handling technology for plutonium and plutonium components.
(D) An assessment of computational models of plutonium performance under static and dynamic loading, including manufactured and nonmanufactured conditions.
(E) An identification of any capability gaps with respect to the assessments described in subparagraphs (A) through (D).
(F) An estimate of costs relating to the issues, instrumentation, technology, and models described in subparagraphs (A) through (D) over the period covered by the future-years nuclear security program under
(G) An estimate of the cost of eliminating the capability gaps identified under subparagraph (E) over the period covered by the future-years nuclear security program.
(H) Such other items as the Administrator considers important for the integrated management of plutonium for stockpile and stockpile stewardship needs.
(7) A plan for the research and development, deployment, and lifecycle sustainment of the technologies employed within the nuclear security enterprise to address physical and cyber security threats during the five fiscal years following the date of the report, together with—
(A) for each site in the nuclear security enterprise, a description of the technologies deployed to address the physical and cybersecurity threats posed to that site;
(B) for each site and for the nuclear security enterprise, the methods used by the Administration to establish priorities among investments in physical and cybersecurity technologies; and
(C) a detailed description of how the funds identified for each program element specified pursuant to paragraph (1) in the budget for the Administration for each fiscal year during that five-fiscal-year period will help carry out that plan.
(8) An assessment of whether the programs described by the report can be executed with current and projected budgets and any associated risks.
(9) Identification of any modifications or updates to the plan since the previous summary or detailed report was submitted under subsection (b).
(e) Nuclear Weapons Council assessment
(1) For each detailed report on the plan submitted under subsection (b)(2), the Nuclear Weapons Council shall conduct an assessment that includes the following:
(A) An analysis of the plan, including—
(i) whether the plan supports the requirements of the national security strategy of the United States referred to in subsection (d)(4)(A)(i), the most recent the national defense strategy, and the most recent Nuclear Posture Review;
(ii) whether the modernization and refurbishment measures described under subparagraph (A) of subsection (d)(4) and the schedule described under subparagraph (B) of such subsection are adequate to support such requirements; and
(iii) whether the plan supports the stockpile responsiveness program under
(B) An analysis of whether the plan adequately addresses the requirements for infrastructure recapitalization of the facilities of the nuclear security enterprise.
(C) If the Nuclear Weapons Council determines that the plan does not adequately support modernization and refurbishment requirements under subparagraph (A) or the nuclear security enterprise facilities infrastructure recapitalization requirements under subparagraph (B), a risk assessment with respect to—
(i) supporting the annual certification of the nuclear weapons stockpile; and
(ii) maintaining the long-term safety, security, and reliability of the nuclear weapons stockpile.
(2) Not later than 180 days after the date on which the Administrator submits the plan under subsection (b)(2), the Nuclear Weapons Council shall submit to the congressional defense committees a report detailing the assessment required under paragraph (1).
(f) Definitions
In this section:
(1) The term "budget", with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under
(2) The term "future-years nuclear security program" means the program required by
(3) The term "national defense strategy" means the review of the defense programs and policies of the United States that is carried out every four years under
(4) The term "nuclear security budget materials", with respect to a fiscal year, means the materials submitted to Congress by the Administrator in support of the budget for that fiscal year.
(5) The term "weapons activities" means each activity within the budget category of weapons activities in the budget of the Administration.
(6) The term "weapons-related activities" means each activity under the Department of Energy that involves nuclear weapons, nuclear weapons technology, or fissile or radioactive materials, including activities related to—
(A) nuclear nonproliferation;
(B) nuclear forensics;
(C) nuclear intelligence;
(D) nuclear safety; and
(E) nuclear incident response.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Prior Provisions
Provisions similar to those in this section were contained in the following prior authorization act:
Amendments
2019—Subsec. (d)(4)(A)(ii).
Subsec. (e)(1)(A)(i).
Subsec. (f)(3), (4).
2017—Subsec. (c)(6).
Subsec. (c)(7).
Subsec. (c)(8), (9).
Subsec. (d)(1)(O).
Subsec. (d)(4)(D).
Subsec. (d)(7).
Subsec. (d)(8).
Subsec. (d)(9).
2015—
Subsec. (a).
Subsec. (c)(5) to (7).
Subsec. (d)(1).
Subsec. (d)(1)(M), (N).
Subsec. (e)(1)(A)(iii).
2014—Subsec. (d)(4)(A)(i).
2013—
Subsec. (d)(6), (7).
Subsec. (e)(1).
2004—Subsec. (c).
Statutory Notes and Related Subsidiaries
Report on the Plan for the Nuclear Weapons Stockpile, Nuclear Weapons Complex, and Delivery Platforms and Sense of Congress on Follow-on Negotiations to START Treaty
"(a)
"(1)
"(A) enhance the safety, security, and reliability of the nuclear weapons stockpile of the United States;
"(B) modernize the nuclear weapons complex; and
"(C) maintain the delivery platforms for nuclear weapons.
"(2)
"(A) A description of the plan to enhance the safety, security, and reliability of the nuclear weapons stockpile of the United States.
"(B) A description of the plan to modernize the nuclear weapons complex, including improving the safety of facilities, modernizing the infrastructure, and maintaining the key capabilities and competencies of the nuclear weapons workforce, including designers and technicians.
"(C) A description of the plan to maintain delivery platforms for nuclear weapons.
"(D) An estimate of budget requirements, including the costs associated with the plans outlined under subparagraphs (A) through (C), over a 10-year period.
"(b)
"(1) the President should maintain the stated position of the United States that the follow-on treaty to the START Treaty not include any limitations on the ballistic missile defense systems, space capabilities, or advanced conventional weapons systems of the United States;
"(2) the enhanced safety, security, and reliability of the nuclear weapons stockpile, modernization of the nuclear weapons complex, and maintenance of the nuclear delivery systems are key to enabling further reductions in the nuclear forces of the United States; and
"(3) the President should submit budget requests for fiscal year 2011 and subsequent fiscal years for the programs of the National Nuclear Security Administration of the Department of Energy that are adequate to sustain the needed capabilities to support the long-term maintenance of the nuclear stockpile of the United States."
Inclusion in 2005 Stockpile Stewardship Plan of Certain Information Relating to Stockpile Stewardship Criteria
"(a)
"(b)
"(1) An update of any information or criteria described in the report on stockpile stewardship criteria submitted under section 4202 of the Atomic Energy Defense Act [
"(2) A description of any additional information identified, or criteria established, on matters covered by such section 4202 during the period beginning on the date of the submittal of the report under such section 4202 and ending on the date of the submittal of the updated version of the plan under subsection (a) of this section.
"(3) For each science-based tool developed by the Department of Energy during such period—
"(A) a description of the relationship of such science-based tool to the collection of information needed to determine that the nuclear weapons stockpile is safe and reliable; and
"(B) a description of the criteria for judging whether or not such science-based tool provides for the collection of such information.
"(c) 2005
Executive Documents
Annual Update to the Report Specified in Section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84 )
Memorandum of President of the United States, Feb. 7, 2011, 76 F.R. 7477, provided:
Memorandum for the Secretary of Defense [and] the Secretary of Energy
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the Secretaries of Defense and Energy to jointly provide annual updates to the report specified in section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (
The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
§2523a. Repealed. Pub. L. 112–239, div. C, title XXXI, §3133(c)(1), Jan. 2, 2013, 126 Stat. 2192
Section,
§2523b. Transferred
Editorial Notes
Codification
Section,
§2523c. Major warhead refurbishment program
In fiscal year 2015 and subsequent fiscal years, the Secretary of Energy shall submit to the congressional defense committees (as defined in U.S.C. 101(a)(16) 1) a report, on each major warhead refurbishment program that reaches the Phase 6.3 milestone, that provides an analysis of alternatives. Such report shall include—
(1) a full description of alternatives considered prior to the award of Phase 6.3;
(2) a comparison of the costs and benefits of each of those alternatives, to include an analysis of trade-offs among cost, schedule, and performance objectives against each alternative considered;
(3) identification of the cost and risk of critical technology elements associated with each alternative, including technology maturity, integration risk, manufacturing feasibility, and demonstration needs;
(4) identification of the cost and risk of additional capital asset and infrastructure capabilities required to support production and certification of each alternative;
(5) a comparative analysis of the risks, costs, and scheduling needs for any military requirement intended to enhance warhead safety, security, or maintainability, including any requirement to consolidate and/or integrate warhead systems or mods as compared to at least one other feasible refurbishment alternative the Nuclear Weapons Council considers appropriate; and
(6) a life-cycle cost estimate for the alternative selected that details the overall cost, scope, and schedule planning assumptions.
(
Editorial Notes
Codification
Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2015, and also as part of the Consolidated and Further Continuing Appropriations Act, 2015, and not as part of the Atomic Energy Defense Act which comprises this chapter.
1 So in original. Probably should be "
§2524. Stockpile management program
(a) Program required
The Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense, shall carry out a program, in support of the stockpile stewardship program, to provide for the effective management, modernization, and replacement, as required, of the weapons in the nuclear weapons stockpile. The program shall have the following objectives:
(1) To enhance the performance and reliability of the nuclear weapons stockpile of the United States.
(2) To further reduce the likelihood of the resumption of underground nuclear weapons testing.
(3) To maintain the safety and security of the nuclear weapons stockpile.
(4) To optimize the future size of the nuclear weapons stockpile.
(5) To reduce the risk of an accidental detonation of an element of the stockpile.
(6) To reduce the risk of an element of the stockpile being used by a person or entity hostile to the United States, its vital interests, or its allies.
(b) Program limitations
In carrying out the stockpile management program under subsection (a), the Secretary of Energy shall ensure that—
(1) any changes made to the stockpile shall be consistent with the objectives identified in subsection (a);
(2) any changes made to the stockpile consistent with the objectives identified in subsection (a) are carried out in a cost effective manner; and
(3) any such changes made to the stockpile shall—
(A) be well understood and certifiable without the need to resume underground nuclear weapons testing;
(B) use the design, certification, and production expertise resident in the nuclear security enterprise to fulfill current mission requirements of the existing stockpile; and
(C) develop future generations of design, certification, and production expertise in the nuclear security enterprise to support the fulfillment of mission requirements of the future stockpile.
(c) Program budget
In accordance with the requirements under
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2024—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5), (6).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(3)(A).
Subsec. (b)(3)(C).
2013—Subsec. (a).
Subsec. (b)(2)(B).
Subsecs. (c) to (e).
2009—
2003—Subsec. (c).
Subsec. (c)(1).
Subsecs. (d) to (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
§2524a. Repealed. Pub. L. 111–84, div. C, title XXXI, §3113(a)(1), Oct. 28, 2009, 123 Stat. 2704
Section,
§2525. Annual assessments and reports to the President and Congress regarding the condition of the United States nuclear weapons stockpile
(a) Annual assessments required
For each nuclear weapon type in the stockpile of the United States, each official specified in subsection (b) on an annual basis shall, to the extent such official is directly responsible for the safety, reliability, performance, or military effectiveness of that nuclear weapon type, complete an assessment of the safety, reliability, performance, or military effectiveness (as the case may be) of that nuclear weapon type.
(b) Covered officials
The officials referred to in subsection (a) are the following:
(1) The head of each national security laboratory.
(2) The Commander of the United States Strategic Command.
(c) Dual validation teams in support of assessments
In support of the assessments required by subsection (a), the Administrator may establish teams, known as "dual validation teams", to provide each national security laboratory responsible for weapons design with independent evaluations of the condition of each warhead for which such laboratory has lead responsibility. A dual validation team established by the Administrator shall—
(1) be comprised of weapons experts from the laboratory that does not have lead responsibility for fielding the warhead being evaluated;
(2) have access to all surveillance and underground test data for all stockpile systems for use in the independent evaluations;
(3) use all relevant available data to conduct independent calculations; and
(4) pursue independent experiments to support the independent evaluations.
(d) Use of teams of experts for assessments
The head of each national security laboratory shall establish and use one or more teams of experts, known as "red teams", to assist in the assessments required by subsection (a). Each such team shall include experts from both of the other national security laboratories. Each such team for a national security laboratory shall—
(1) review both the matters covered by the assessments under subsection (a) performed by the head of that laboratory and any independent evaluations conducted by a dual validation team under subsection (c);
(2) subject such matters to challenge; and
(3) submit the results of such review and challenge, together with the findings and recommendations of such team with respect to such review and challenge, to the head of that laboratory.
(e) Report on assessments
Not later than December 1 of each year, each official specified in subsection (b) shall submit to the Secretary concerned, and to the Nuclear Weapons Council, a report on the assessments that such official was required by subsection (a) to complete. The report shall include the following:
(1) The results of each such assessment.
(2)(A) Such official's determination as to whether or not one or more underground nuclear tests are necessary to resolve any issues identified in the assessments and, if so—
(i) an identification of the specific underground nuclear tests that are necessary to resolve such issues; and
(ii) a discussion of why options other than an underground nuclear test are not available or would not resolve such issues.
(B) An identification of the specific underground nuclear tests which, while not necessary, might have value in resolving any such issues and a discussion of the anticipated value of conducting such tests.
(C) Such official's determination as to the readiness of the United States to conduct the underground nuclear tests identified under subparagraphs (A)(i) and (B), if directed by the President to do so.
(3) In the case of a report submitted by the head of a national security laboratory—
(A) a concise statement regarding the adequacy of the science-based tools and methods, including with respect to cyber assurance, being used to determine the matters covered by the assessments;
(B) a concise statement regarding the adequacy of the tools and methods employed by the manufacturing infrastructure required by
(C) a concise summary of the findings and recommendations of any teams under subsection (d) that relate to the assessments, together with a discussion of those findings and recommendations;
(D) a concise summary of the results of any independent evaluation conducted by a dual validation team under subsection (c); and
(E) a concise summary of any significant finding investigations initiated or active during the previous year for which the head of the national security laboratory has full or partial responsibility.
(4) In the case of a report submitted by the Commander of the United States Strategic Command—
(A) a discussion of the relative merits of other nuclear weapon types (if any), or compensatory measures (if any) that could be taken, that could enable accomplishment of the missions of the nuclear weapon types to which the assessments relate, should such assessments identify any deficiency with respect to such nuclear weapon types;
(B) a summary of all major assembly releases in place as of the date of the report for the active and inactive nuclear weapon stockpiles; and
(C) the views of the Commander on the stockpile responsiveness program under
(5) An identification and discussion of any matter having an adverse effect on the capability of the official submitting the report to accurately determine the matters covered by the assessments.
(f) Submittals to the President and Congress
(1) Not later than February 1 of each year, the Secretary of Defense and the Secretary of Energy shall submit to the President—
(A) each report, without change, submitted to either Secretary under subsection (e) during the preceding year;
(B) any comments that the Secretaries individually or jointly consider appropriate with respect to each such report;
(C) the conclusions that the Secretaries individually or jointly reach as to the safety, reliability, performance, and military effectiveness of the nuclear weapons stockpile of the United States; and
(D) any other information that the Secretaries individually or jointly consider appropriate.
(2) Not later than March 15 of each year, the President shall forward to Congress the matters received by the President under paragraph (1) for that year, together with any comments the President considers appropriate.
(3) If the President does not forward to Congress the matters required under paragraph (2) by the date required by such paragraph, the officials specified in subsection (b) shall provide a briefing to the congressional defense committees not later than March 30 on the report such officials submitted to the Secretary concerned under subsection (e).
(g) Classified form
Each submittal under subsection (f) shall be in classified form only, with the classification level required for each portion of such submittal marked appropriately.
(h) Definition
In this section, the term "Secretary concerned" means—
(1) the Secretary of Energy, with respect to matters concerning the Department of Energy; and
(2) the Secretary of Defense, with respect to matters concerning the Department of Defense.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2021—Subsec. (e)(3)(A).
Subsec. (e)(3)(B).
2015—Subsec. (e)(4)(C).
2014—Subsec. (b)(2).
2013—Subsec. (c).
Subsec. (e)(3)(E).
Subsec. (e)(4).
Subsec. (f)(1).
Subsec. (f)(3).
Subsec. (h).
Subsec. (i).
2009—Subsec. (c).
Subsec. (d).
Subsec. (d)(1).
Subsec. (e).
Subsec. (e)(3)(C).
Subsec. (e)(3)(D).
Subsec. (f).
Subsec. (f)(1)(A).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (i)(1).
Subsec. (i)(2).
2003—Subsec. (d)(3)(B).
§2526. Form of certifications regarding the safety or reliability of the nuclear weapons stockpile
Any certification submitted to the President by the Secretary of Defense or the Secretary of Energy regarding confidence in the safety or reliability of a nuclear weapon type in the United States nuclear weapons stockpile shall be submitted in classified form only.
(
Editorial Notes
Codification
Section was formerly set out as a note under
§2527. Nuclear test ban readiness program
(a) Establishment of program
The Secretary of Energy shall establish and support a program to assure that the United States is in a position to maintain the reliability, safety, and continued deterrent effect of its stockpile of existing nuclear weapons designs in the event that a low-threshold or comprehensive ban on nuclear explosives testing is negotiated and ratified within the framework agreed to by the United States and the Russian Federation.
(b) Purposes of program
The purposes of the program under subsection (a) shall be the following:
(1) To assure that the United States maintains a vigorous program of stockpile inspection and non-explosive testing so that, if a low-threshold or comprehensive test ban is entered into, the United States remains able to detect and identify potential problems in stockpile reliability and safety in existing designs of nuclear weapons.
(2) To assure that the specific materials, components, processes, and personnel needed for the remanufacture of existing nuclear weapons or the substitution of alternative nuclear warheads are available to support such remanufacture or substitution if such action becomes necessary in order to satisfy reliability and safety requirements under a low-threshold or comprehensive test ban agreement.
(3) To assure that a vigorous program of research in areas related to nuclear weapons science and engineering is supported so that, if a low-threshold or comprehensive test ban agreement is entered into, the United States is able to maintain a base of technical knowledge about nuclear weapons design and nuclear weapons effects.
(c) Conduct of program
The Secretary of Energy shall carry out the program provided for in subsection (a). The program shall be carried out with the participation of representatives of the Department of Defense, the nuclear weapons production facilities, and the national security laboratories.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2013—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
2003—
1997—Subsec. (e).
§2528. Repealed. Pub. L. 112–239, div. C, title XXXI, §3133(e)(1)(A), (2), Jan. 2, 2013, 126 Stat. 2192 , 2193
Section,
Editorial Notes
Codification
Section 3133(e)(1)(A) of
§2528a. Repealed. Pub. L. 110–181, div. C, title XXXI, §3112(a), Jan. 28, 2008, 122 Stat. 577
Section,
§2529. Requirements for specific request for new or modified nuclear weapons
(a) Requirement for request for funds for development
(1) In any fiscal year after fiscal year 2002 in which the Secretary of Energy plans to carry out activities described in paragraph (2) relating to the development of a new nuclear weapon or modified nuclear weapon beyond phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, the Secretary—
(A) shall specifically request funds for such activities in the budget of the President for that fiscal year under
(B) may carry out such activities only if amounts are authorized to be appropriated for such activities by an Act of Congress consistent with
(2) The activities described in this paragraph are as follows:
(A) The conduct, or provision for conduct, of research and development for the production of a new nuclear weapon by the United States.
(B) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a new nuclear weapon by the United States.
(C) The conduct, or provision for conduct, of research and development for the production of a modified nuclear weapon by the United States.
(D) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a modified nuclear weapon by the United States.
(b) Budget request format
In a request for funds under subsection (a), the Secretary shall include a dedicated line item for each activity described in subsection (a)(2) for a new nuclear weapon or modified nuclear weapon that is in phase 2 or higher or phase 6.2 or higher (as the case may be) of the nuclear weapon acquisition process.
(c) Notification and briefing of noncovered activities
In any fiscal year after fiscal year 2022, the Secretary of Energy, acting through the Administrator, in conjunction with the annual submission of the budget of the President to Congress pursuant to
(1) any activities described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon that, during the calendar year prior to the budget submission, were carried out prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process; and
(2) any plans to carry out, prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, activities described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon during the fiscal year covered by that budget.
(d) Definitions
In this section:
(1) The term "modified nuclear weapon" means a nuclear weapon that contains a pit or canned subassembly, either of which—
(A) is in the nuclear weapons stockpile as of December 2, 2002; and
(B) is being modified in order to meet a military requirement that is other than the military requirements applicable to such nuclear weapon when first placed in the nuclear weapons stockpile.
(2) The term "new nuclear weapon" means a nuclear weapon that contains a pit or canned subassembly, either of which is neither—
(A) in the nuclear weapons stockpile on December 2, 2002; nor
(B) in production as of that date.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2024—Subsec. (a)(1).
2022—Subsec. (a)(1).
Subsec. (a)(2)(A), (C).
Subsec. (b).
Subsec. (c).
2018—Subsec. (a)(1).
2013—Subsec. (d).
2009—Subsec. (c).
"(1) for the nuclear weapons life extension program;
"(2) to modify an existing nuclear weapon solely to address safety or reliability concerns; or
"(3) to address proliferation concerns."
Subsec. (d).
Statutory Notes and Related Subsidiaries
Development of Low-Yield Nuclear Weapons; Authorization and Limitation
§2530. Testing of nuclear weapons
(a) Underground testing
No underground test of nuclear weapons may be conducted by the United States after September 30, 1996, unless a foreign state conducts a nuclear test after this date, at which time the prohibition on United States nuclear testing is lifted.
(b) Atmospheric testing
None of the funds appropriated pursuant to the National Defense Authorization Act for Fiscal Year 1994 (
(
Editorial Notes
References in Text
The National Defense Authorization Act for Fiscal Year 1994, referred to in subsec. (b), is
Codification
Section was formerly set out in a note under
Amendments
2013—
2003—
§2531. Repealed. Pub. L. 112–239, div. C, title XXXI, §3131(d)(3), Jan. 2, 2013, 126 Stat. 2181
Section,
§2532. Manufacturing infrastructure for refabrication and certification of nuclear weapons stockpile
(a) Manufacturing program
(1) The Secretary of Energy shall carry out a program for purposes of establishing within the Government a manufacturing infrastructure that has the capabilities of meeting the following objectives:
(A) To provide a stockpile surveillance engineering base.
(B) To refabricate and certify weapon components and types in the enduring nuclear weapons stockpile, as necessary.
(C) To fabricate and certify new nuclear warheads, as necessary.
(D) To support nuclear weapons.
(E) To supply sufficient tritium in support of nuclear weapons to ensure an upload hedge in the event circumstances require.
(2) The purpose of the program carried out under paragraph (1) shall also be to develop manufacturing capabilities and capacities necessary to meet the requirements specified in the annual Nuclear Weapons Stockpile Memorandum.
(b) Required capabilities
The manufacturing infrastructure established under the program under subsection (a) shall include the following capabilities (modernized to attain the objectives referred to in that subsection):
(1) The weapons assembly and high explosives manufacturing capabilities of the Pantex Plant.
(2) The weapon secondary fabrication capabilities of the Y–12 National Security Complex, Oak Ridge, Tennessee.
(3) The capabilities of the Savannah River Site relating to tritium recycling and processing.
(4) The fissile material component processing and fabrication capabilities of the Savannah River Plutonium Processing Facility and the Los Alamos National Laboratory.
(5) The non-nuclear component capabilities of the Kansas City National Security Campus, Kansas City, Missouri.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2024—Subsec. (a)(1).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4), (5).
Subsec. (c).
2019—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (b)(4).
2013—Subsec. (a)(2).
Subsec. (c).
Subsecs. (d), (e).
2003—Subsec. (d).
1996—Subsec. (a).
Subsec. (b)(3).
Statutory Notes and Related Subsidiaries
Acceleration of Depleted Uranium Manufacturing Processes
"(a)
"(1) demonstrates bulk cold hearth melting of depleted uranium alloys to augment existing capabilities on an operational basis for war reserve components;
"(2) manufactures, on a repeatable and ongoing basis, war reserve depleted uranium alloy components using net shape casting;
"(3) demonstrates, if possible, a production facility to conduct routine operations for manufacturing depleted uranium alloy components outside of the current perimeter security fencing of the Y–12 National Security Complex, Oak Ridge, Tennessee; and
"(4) has available high purity depleted uranium for the production of war reserve components.
"(b)
"(1) progress made in carrying out subsection (a);
"(2) the cost of activities conducted under such subsection during the preceding fiscal year; and
"(3) the ability of the nuclear security enterprise to convert depleted uranium fluoride hexafluoride to depleted uranium tetrafluoride.
"(c)
§2533. Reports on critical difficulties at national security laboratories and nuclear weapons production facilities
(a) Reports by heads of laboratories and facilities
In the event of a difficulty at a national security laboratory or a nuclear weapons production facility that has a significant bearing on confidence in the safety or reliability of a nuclear weapon or nuclear weapon type, the head of the laboratory or facility, as the case may be, shall submit to the Administrator a report on the difficulty. The head of the laboratory or facility shall submit the report as soon as practicable after discovery of the difficulty.
(b) Transmittal by Administrator
Not later than 10 days after receipt of a report under subsection (a), the Administrator shall transmit the report (together with the comments of the Administrator) to the congressional defense committees, to the Secretary of Energy and the Secretary of Defense, and to the President.
(c) Omitted
(d) Inclusion of reports in annual stockpile assessment
Any report submitted pursuant to subsection (a) shall also be submitted to the President and Congress with the matters required to be submitted under
(
Editorial Notes
Codification
Section was formerly classified to
Section is comprised in part of section 4213 of
Section is comprised of sections 4213 and 4218(b), (c) of
Amendments
2013—
Subsec. (a).
Subsec. (b).
Subsec. (d).
Subsec. (e).
1999—Subsecs. (d), (e).
1997—Subsec. (b).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the advanced scientific computing research program and activities at Lawrence Livermore National Laboratory, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, see
All national security functions and activities performed immediately before Oct. 5, 1999, by nuclear weapons laboratories and production facilities defined in this section, transferred to the Administrator for Nuclear Security of the National Nuclear Security Administration of the Department of Energy, see
§2534. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(c)(8)(A), Dec. 26, 2013, 127 Stat. 1075
Section,
§2535. Repealed. Pub. L. 117–263, div. C, title XXXI, §3132(a)(1)(A)(i), Dec. 23, 2022, 136 Stat. 3060
Section,
Statutory Notes and Related Subsidiaries
Alternative Plutonium Strategy; Full Operational Capability of Replacement Project
"(c)
"(1)
"(2)
"(A) the modular building strategy—
"(i) meets requirements for maintaining the nuclear weapons stockpile over a 30-year period;
"(ii) meets requirements for implementation of a responsive infrastructure, including meeting plutonium pit production requirements; and
"(iii) will achieve full operating capability for not less than two modular structures by not later than 2027;
"(B) in fiscal year 2015, the National Nuclear Security Administration will begin the process of designing and building modular buildings in accordance with Department of Energy Order 413.3 (relating to relating to program management and project management for the acquisition of capital assets); and
"(C) the Administrator will include the costs of the modular building strategy in the estimated expenditures and proposed appropriations reflected in the future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (
"(3)
"(d)
"(1)
"(2)
"(3)
"(4)
"(e)
§2536. Repealed. Pub. L. 118–159, div. C, title XXXI, §3111(c)(5), Dec. 23, 2024, 138 Stat. 2295
Section,
§2537. Selected Acquisition Reports and independent cost estimates and reviews of certain programs and facilities
(a) Selected Acquisition Reports
(1) At the end of the first quarter of each fiscal year, the Secretary of Energy, acting through the Administrator, shall submit to the congressional defense committees a report on each nuclear weapon system undergoing life extension and each major alteration project (as defined in
(2) The information contained in the Selected Acquisition Report for a fiscal year for a nuclear weapon system shall be the information contained in the Selected Acquisition Report for each fiscal-year quarter in that fiscal year for a major defense acquisition program under
(b) Independent cost estimates and reviews
(1) The Secretary, acting through the Administrator, shall submit to the congressional defense committees and the Nuclear Weapons Council the following:
(A) An independent cost estimate of the following:
(i) Each nuclear weapon system undergoing life extension at the completion of phase 6.2A or new weapon system at the completion of phase 2A, relating to design definition and cost study.
(ii) Each nuclear weapon system undergoing life extension at the completion of phase 6.3 or new weapon system at the completion of phase 3, relating to development engineering.
(iii) Each nuclear weapon system undergoing life extension at the completion of phase 6.4, relating to production engineering, and before the initiation of phase 6.5, relating to first production.
(iv) Each new weapon system at the completion of phase 4, relating to production engineering, and before the initiation of phase 5, relating to first production.
(v) Each new nuclear facility within the nuclear security enterprise that is estimated to cost more than $500,000,000 before such facility achieves critical decision 1 and before such facility achieves critical decision 2 in the acquisition process.
(vi) Each nuclear weapons system undergoing a major alteration project (as defined in
(B) An independent cost review of each nuclear weapon system undergoing life extension at the completion of phase 6.2 or new weapon system at the completion of phase 2, relating to study of feasibility and down-select.
(2) Each independent cost estimate and independent cost review under paragraph (1) shall include—
(A) whether the cost baseline or the budget estimate for the period covered by the future-years nuclear security program has changed, and the rationale for any such change; and
(B) any views of the Secretary or the Administrator regarding such estimate or review.
(3) The Administrator shall review and consider the results of any independent cost estimate or independent cost review of a nuclear weapon system or a nuclear facility, as the case may be, under this subsection before entering the next phase of the development process of such system or the acquisition process of such facility.
(4) Except as otherwise specified in paragraph (1), each independent cost estimate or independent cost review of a nuclear weapon system or a nuclear facility under this subsection shall be submitted not later than 30 days after the date on which—
(A) in the case of a nuclear weapons system, such system completes a phase specified in such paragraph; or
(B) in the case of a nuclear facility, such facility achieves critical decision 1 as specified in subparagraph (A)(v) of such paragraph.
(5) Each independent cost estimate or independent cost review submitted under this subsection shall be submitted in unclassified form, but may include a classified annex if necessary.
(c) Authority for further assessments
Upon the request of the Administrator, the Secretary of Defense, acting through the Director of Cost Assessment and Program Evaluation and in consultation with the Administrator, may conduct an independent cost assessment of any initiative or program of the Administration that is estimated to cost more than $500,000,000.
(
Editorial Notes
Amendments
2022—Subsec. (a)(2).
2021—Subsec. (a)(2).
Subsec. (b)(1)(A)(i).
Subsec. (b)(1)(A)(ii).
Subsec. (b)(1)(A)(iv) to (vi).
Subsec. (b)(1)(B).
Subsec. (b)(4)(B).
2017—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
2015—
Subsec. (a)(1).
Subsec. (b)(1)(A)(iv).
2014—
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(1)(A)(iii).
Subsec. (b)(2), (3).
2013—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
§2538. Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile
(a) Policy
(1) In general
It is the policy of the United States—
(A) to maintain a safe, secure, effective, and reliable nuclear weapons stockpile; and
(B) as long as other nations control or actively seek to acquire nuclear weapons, to retain a credible nuclear deterrent.
(2) Nuclear weapons stockpile
It is in the security interest of the United States to sustain the United States nuclear weapons stockpile through a program of stockpile stewardship, carried out at the national security laboratories and nuclear weapons production facilities.
(3) Sense of Congress
It is the sense of Congress that—
(A) the United States should retain a triad of strategic nuclear forces sufficient to deter any future hostile foreign leadership with access to strategic nuclear forces from acting against the vital interests of the United States;
(B) the United States should continue to maintain nuclear forces of sufficient size and capability to implement an effective and robust deterrent strategy; and
(C) the advice of the persons required to provide the President and Congress with assurances of the safety, security, effectiveness, and reliability of the nuclear weapons force should be scientifically based, without regard for politics, and of the highest quality and integrity.
(b), (c) Omitted
(d) Advice and opinions regarding nuclear weapons stockpile
In addition to a director of a national security laboratory or a nuclear weapons production facility under
(e) Expression of individual views
(1) In general
No individual, including a representative of the President, may take any action against, or otherwise constrain, a director of a national security laboratory or a nuclear weapons production facility or a member of the Nuclear Weapons Council from presenting the professional views of the director or member, as the case may be, to the President, the National Security Council, or Congress regarding—
(A) the safety, security, reliability, or credibility of the nuclear weapons stockpile and nuclear forces; or
(B) the status of, and plans for, the capabilities and infrastructure that support and sustain the nuclear weapons stockpile and nuclear forces.
(2) Construction
Nothing in paragraph (1)(B) may be construed to affect the interagency budget process.
(f) Representative of the President defined
In this section, the term "representative of the President" means the following:
(1) Any official of the Department of Defense or the Department of Energy who is appointed by the President and confirmed by the Senate.
(2) Any member or official of the National Security Council.
(3) Any member or official of the Joint Chiefs of Staff.
(4) Any official of the Office of Management and Budget.
(
Editorial Notes
References in Text
Codification
Section is comprised of section 4218 of
Section was formerly classified to
Amendments
2019—Subsec. (d).
Subsec. (e)(1).
2014—Subsec. (d).
Subsec. (e)(1).
2013—Subsec. (a).
Subsec. (a)(9).
Subsec. (a)(11).
Subsec. (b).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (f)(1).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the advanced scientific computing research program and activities at Lawrence Livermore National Laboratory, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, see
All national security functions and activities performed immediately before Oct. 5, 1999, by nuclear weapons laboratories and production plants defined in this section, transferred to the Administrator for Nuclear Security of the National Nuclear Security Administration of the Department of Energy, see
Notification of Certain Regulations That Impact the National Nuclear Security Administration
"(a)
"(b)
§2538a. Plutonium pit production capacity
(a) Requirement
Consistent with the requirements of the Secretary of Defense, the Secretary of Energy shall ensure that the nuclear security enterprise—
(1) during 2021, begins production of qualification plutonium pits;
(2) during 2024, produces not less than 10 war reserve plutonium pits;
(3) during 2025, produces not less than 20 war reserve plutonium pits;
(4) during 2026, produces not less than 30 war reserve plutonium pits; and
(5) during 2030, produces not less than 80 war reserve plutonium pits.
(b) Annual certification
Not later than March 1, 2015, and each year thereafter through 2030, the Secretary of Energy shall certify to the congressional defense committees and the Secretary of Defense that the programs and budget of the Secretary of Energy will enable the nuclear security enterprise to meet the requirements under subsection (a).
(c) Plan
If the Secretary of Energy does not make a certification under subsection (b) by March 1 of any year in which a certification is required under that subsection, by not later than May 1 of such year, the Chairman of the Nuclear Weapons Council shall submit to the congressional defense committees a plan to enable the nuclear security enterprise to meet the requirements under subsection (a). Such plan shall include identification of the resources of the Department of Energy that the Chairman determines should be redirected to support the plan to meet such requirements.
(d) Certifications on plutonium enterprise
(1) Requirement
Not later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project.
(2) Failure to certify
If the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph (1) by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph.
(e) Reports
(1) Requirement
Not later than March 1 of each year during the period beginning on the date on which the first covered project achieves critical decision 2 in the acquisition process and ending on the date on which the second project achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the planned production goals of both covered projects during the first 10 years of the operation of the projects.
(2) Elements
Each report under paragraph (1) shall include—
(A) the number of war reserve plutonium pits planned to be produced during each year, including the associated warhead type;
(B) a description of risks and challenges to meeting the performance baseline for the covered projects, as approved in critical decision 2 in the acquisition process;
(C) options available to the Administrator to balance scope, costs, and production requirements at the projects to decrease overall risk to the plutonium enterprise and enduring plutonium pit requirements; and
(D) an explanation of any changes to the production goals or requirements as compared to the report submitted during the previous year.
(f) Prohibition on ARIES expansion before achievement of 30 pit-per-year base capability
(1) In general
Until the date on which the Administrator certifies to the congressional defense committees that the base capability to produce not less than 30 war reserve plutonium pits per year has been established at Los Alamos National Laboratory, the Administrator may not—
(A) carry out a project to expand the pit disassembly and processing capability of the spaces at PF–4 occupied by ARIES as of December 22, 2023; or
(B) otherwise expand such spaces.
(2) Exceptions
Paragraph (1) shall not apply with respect to—
(A) ongoing or planned small projects to sustain or improve the efficiency of plutonium oxide production, provided that such projects do not expand the spaces at PF–4 occupied by ARIES as of December 22, 2023;
(B) the planning and design of an additional ARIES capability at a location other than PF–4; or
(C) the transfer of the ARIES capability to a location other than PF–4.
(3) Definitions
In this subsection:
(A) The term "ARIES" means the Advanced Recovery and Integrated Extraction System method, developed and piloted at Los Alamos National Laboratory, Los Alamos, New Mexico, for disassembling surplus defense plutonium pits and converting the plutonium from such pits into plutonium oxide.
(B) The term "PF–4" means the Plutonium Facility at Technical Area 55 located at Los Alamos National Laboratory, Los Alamos, New Mexico.
(g) Covered project defined
In this subsection, the term "covered project" means—
(1) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or
(2) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).
(h) Management of plutonium modernization program
Not later than 570 days after December 22, 2023, the Administrator for Nuclear Security shall ensure that the plutonium modernization program established by the Office of Defense Programs of the National Nuclear Security Administration, or any subsequently developed program designed to meet the requirements under subsection (a), is managed in accordance with the best practices for schedule development and cost estimating of the Government Accountability Office.
(
Editorial Notes
References in Text
December 22, 2023, referred to in subsec. (f)(1)(A), (2)(A), was in the original "the date of the enactment of this Act" and was translated as referring to the date of enactment of
Amendments
2023—Subsecs. (f), (g).
Subsec. (h).
2021—Subsecs. (d) to (f).
2019—Subsec. (a)(5).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Certification of Completion of Milestones With Respect to Plutonium Pit Aging
"(a)
"(b)
"(1) acting through the Defense Programs Advisory Committee, conduct biennial reviews during the period beginning not later than one year after the date of the enactment of this Act [Dec. 23, 2022] and ending December 31, 2030, regarding the progress achieved toward completing the milestones described in subsection (a); and
"(2) seek to enter into an arrangement with the private scientific advisory group known as JASON to conduct, not later than 2030, an assessment of plutonium pit aging.
"(c)
"(1) the progress achieved toward completing the milestones described in subsection (a); and
"(2) the results of the assessments described in subsection (b).
"(d)
"(1) certify to the congressional defense committees whether the milestones described in subsection (a) have been achieved; and
"(2) if the milestones have not been achieved, submit to such committees a report—
"(A) describing the reasons such milestones have not been achieved;
"(B) including, if the Administrator determines the Administration will not be able to meet one of such milestones, an explanation for that determination; and
"(C) specifying new dates for the completion of the milestones the Administrator anticipates the Administration will meet."
Authorization of Workforce Development and Training Partnership Programs Within National Nuclear Security Administration
"(a)
"(b)
"(c)
"(1) The term 'covered facility' means—
"(A) Los Alamos National Laboratory, Los Alamos, New Mexico; or
"(B) the Savannah River Site, Aiken, South Carolina.
"(2) The term 'prospective employee' means an individual who has applied (or who, based on their field of study and experience, is likely to apply) for a position of employment with a management and operating contractor to support plutonium pit production at a covered facility."
Sense of Congress Related to Modification to Certain Requirements Relating to Plutonium Pit Production Capacity
"(1) rebuilding a robust plutonium pit production infrastructure with a capacity of up to 80 pits per year is critical to maintaining the viability of the nuclear weapons stockpile;
"(2) that effort will require cooperation from experts across the nuclear security enterprise; and
"(3) any further delay to achieving a plutonium sustainment capability to support the planned stockpile life extension programs will result in an unacceptable capability gap to our deterrent posture."
§2538b. Stockpile responsiveness program
(a) Statement of policy
It is the policy of the United States to identify, sustain, enhance, integrate, and continually exercise all capabilities required to conceptualize, study, design, develop, engineer, certify, produce, and deploy nuclear weapons to ensure the nuclear deterrent of the United States remains safe, secure, reliable, credible, and responsive.
(b) Program required
The Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense, shall carry out a stockpile responsiveness program, along with the stockpile stewardship program under
(c) Objectives
The program under subsection (b) shall have the following objectives:
(1) Identify, sustain, enhance, integrate, and continually exercise all of the capabilities, infrastructure, tools, and technologies across the science, engineering, design, certification, and manufacturing cycle required to carry out all phases of the joint nuclear weapons life cycle process, with respect to both the nuclear security enterprise and relevant elements of the Department of Defense.
(2) Identify, enhance, and transfer knowledge, skills, and direct experience with respect to all phases of the joint nuclear weapons life cycle process from one generation of nuclear weapon designers and engineers to the following generation.
(3) Periodically demonstrate stockpile responsiveness throughout the range of capabilities as required, such as through the use of prototypes, flight testing, and development of plans for certification without the need for nuclear explosive testing.
(4) Shorten design, certification, and manufacturing cycles and timelines to minimize the amount of time and costs leading to an engineering prototype and production.
(5) Continually exercise processes for the integration and coordination of all relevant elements and processes of the Administration and the Department of Defense required to ensure stockpile responsiveness.
(6) The retention of the ability, in coordination with the Director of National Intelligence, to assess and develop prototype nuclear weapons of foreign countries if needed to meet intelligence requirements and, if necessary, to conduct no-yield testing of those prototypes.
(d) Joint nuclear weapons life cycle process defined
In this section, the term "joint nuclear weapons life cycle process" means the process developed and maintained by the Secretary of Defense and the Secretary of Energy for the development, production, maintenance, and retirement of nuclear weapons.
(
Editorial Notes
Amendments
2019—Subsec. (c)(3).
Subsec. (c)(6).
2017—Subsec. (c)(6).
§2538c. Long-term plan for meeting national security requirements for unencumbered uranium
(a) In general
Not later than December 31 of each odd-numbered year through 2031, the Secretary of Energy shall submit to the congressional defense committees a plan for meeting national security requirements for unencumbered uranium through 2070.
(b) Plan requirements
The plan required by subsection (a) shall include the following:
(1) An inventory of unencumbered uranium (other than depleted uranium), by program source and enrichment level, that, as of the date of the plan, is allocated to national security requirements.
(2) An inventory of unencumbered uranium (other than depleted uranium), by program source and enrichment level, that, as of the date of the plan, is not allocated to national security requirements but could be allocated to such requirements.
(3) An identification of national security requirements for unencumbered uranium through 2070, by program source and enrichment level.
(4) An assessment of current and projected unencumbered uranium production by private industry in the United States that could support future defense requirements.
(5) A description of any shortfall in obtaining unencumbered uranium to meet national security requirements and an assessment of whether that shortfall could be mitigated through the blending down of uranium that is of a higher enrichment level.
(6) An inventory of unencumbered depleted uranium, an assessment of the portion of that uranium that could be allocated to national security requirements through re-enrichment, and an estimate of the costs of re-enriching that uranium.
(7) A description of the swap and barter agreements involving unencumbered uranium needed to meet national security requirements that are in effect on the date of the plan.
(8) An assessment of—
(A) when additional enrichment of uranium will be required to meet national security requirements; and
(B) the options the Secretary is considering to meet such requirements, including an estimated cost and timeline for each option and a description of any changes to policy or law that the Secretary determines would be required for each option.
(9) An assessment of how options to provide additional enriched uranium to meet national security requirements could, as an additional benefit, contribute to the establishment of a sustained domestic enrichment capacity and allow the commercial sector of the United States to reduce reliance on importing uranium from adversary countries.
(c) Form of plan
The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) Comptroller General briefing
Not later than 180 days after the date on which the congressional defense committees receive each plan under subsection (a), the Comptroller General of the United States shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that includes an assessment of the plan.
(e) Definitions
In this section:
(1) The term "depleted", with respect to uranium, means that the uranium is depleted in uranium-235 compared with natural uranium.
(2) The term "unencumbered", with respect to uranium, means that the United States has no obligation to foreign governments to use the uranium for only peaceful purposes.
(
Editorial Notes
Amendments
2022—Subsec. (a).
Subsec. (b)(3).
Subsec. (b)(4) to (7).
Subsec. (b)(8), (9).
"(8) An assessment of whether additional enrichment of uranium will be required to meet national security requirements and an estimate of the time for production operations and the cost for each type of enrichment being considered.
"(9) A description of changes in policy that would mitigate any shortfall in obtaining unencumbered uranium to meet national security requirements and the implications of those changes."
Subsecs. (d), (e).
2017—Subsec. (a).
Statutory Notes and Related Subsidiaries
Plan for Domestic Enrichment Capability To Satisfy Department of Defense Uranium Requirements
"(a)
"(1) a description of defense requirements for enriched uranium expected to be necessary between the date of the enactment of this Act and 2060 to meet the requirements of the Department of Defense, including quantities, material assay, and the dates by which new enrichment is required;
"(2) key milestones, steps, and policy decisions required to achieve the domestic uranium enrichment capability;
"(3) the dates by which such key milestones are to be achieved;
"(4) a funding profile, broken down by project and sub-project, for obtaining such capability;
"(5) a description of any changes in the requirement of the Department of Defense for highly enriched uranium due to AUKUS; and
"(6) any other elements or information the Administrator determines appropriate.
"(b)
"(1)
"(A) the Administration is in compliance with the plan and milestones contained in the report; or
"(B) the Administration is not in compliance with such plan or milestones, together with—
"(i) a description of the nature of the non-compliance;
"(ii) the reasons for the non-compliance; and
"(iii) a plan to achieve compliance.
"(2)
"(c)
§2538d. Incorporation of integrated surety architecture
(a) Shipments
(1) The Administrator shall ensure that shipments described in paragraph (2) incorporate surety technologies relating to transportation and shipping developed by the Integrated Surety Architecture program of the Administration.
(2) A shipment described in this paragraph is an over-the-road shipment of the Administration that involves any nuclear weapon planned to be in the active stockpile after 2025.
(b) Certain programs
(1) The Administrator, in coordination with the Chairman of the Nuclear Weapons Council, shall ensure that each program described in paragraph (2) incorporates integrated designs compatible with the Integrated Surety Architecture program.
(2) A program described in this subsection is a program of the Administration that is a warhead development program, a life extension program, or a warhead major alteration program.
(c) Determination
(1) If, on a case-by-case basis, the Administrator determines that a shipment under subsection (a) will not incorporate some or all of the surety technologies described in such subsection, or that a program under subsection (b) will not incorporate some or all of the integrated designs described in such subsection, the Administrator shall submit such determination to the congressional defense committees, including the results of an analysis conducted pursuant to paragraph (2).
(2) Each determination made under paragraph (1) shall be based on a documented, system risk analysis that considers security risk reduction, operational impacts, and technical risk.
(d) Termination
The requirements of subsections (a) and (b) shall terminate on December 31, 2029.
(
§2538e. W93 nuclear warhead acquisition process
(a) Reporting requirements
(1) Phase 1
Upon receiving a concept definition study under phase 1 of the joint nuclear weapons life cycle for the W93 nuclear weapon, the Nuclear Weapons Council shall submit to the congressional defense committees a report that includes the following:
(A) A description of the potential military characteristics of the weapon.
(B) A description of the stockpile-to-target sequence requirements of the weapon.
(C) An initial assessment of the requirements a W93 nuclear weapon program is likely to generate for the nuclear security enterprise, including—
(i) adjustments to the size and composition of the workforce;
(ii) additions to existing weapon design and production capabilities; or
(iii) additional facility recapitalization or new construction.
(D) A preliminary description of other significant requirements for a W93 nuclear weapon program, including—
(i) first production unit date;
(ii) initial operational capability date;
(iii) full operational capability date; and
(iv) any unique safety and surety requirements that could increase design complexity or cost estimate uncertainty.
(2) Phase 2
(A) In general
Not later than 15 days after the date on which the Nuclear Weapons Council approves phase 2 of the joint nuclear weapons life cycle for the W93 nuclear weapon, the Administrator shall provide to the congressional defense committees a briefing on a plan to implement a process of independent peer review or review by a board of experts, or both, with respect to—
(i) the nonnuclear components of the weapon;
(ii) subsystem design; and
(iii) engineering aspects of the weapon.
(B) Requirements for process
The Administrator shall ensure that the process required by subparagraph (A)—
(i) uses—
(I) all relevant capabilities of the Federal Government, the defense industrial base, and institutions of higher education; and
(II) other capabilities that the Administrator determines necessary; and
(ii) informs the entire development life cycle of the W93 nuclear weapon.
(b) Certifications and reports at phase 3
Not later than 15 days after the date on which the Nuclear Weapons Council approves phase 3 of the joint nuclear weapons life cycle for the W93 nuclear weapon—
(1) the Administrator shall provide to the congressional defense committees a briefing that includes certifications that—— 1
(A) phases 1 through 5 of the joint nuclear weapons life cycle for the weapon will employ, at a minimum, the same best practices and will provide Congress with the same level of programmatic insight as exists under the phase 6.X process for life extension programs; and
(B) the proposed design for the weapon can be carried out within estimated schedule and cost objectives; and
(2) the Commander of the United States Strategic Command shall submit to the congressional defense committees a report containing, or provide to such committees a briefing on, the requirements for weapon quantity and composition by type for the sub-surface ballistic nuclear (SSBN) force, including such requirements planned for the 15-year period following the date of the report or briefing, as the case may be, including any planned life extensions, retirements, or alterations.
(c) Waivers
Subsections (a) and (b) may be waived during a period of war declared by Congress after January 1, 2021.
(d) Joint nuclear weapons life cycle defined
In this section, the term "joint nuclear weapons life cycle" has the meaning given that term in
(
Editorial Notes
Amendments
2022—Subsec. (a)(2)(A).
Subsec. (b)(1).
Subsec. (b)(2).
§2538f. Earned value management and technology readiness levels for life extension programs
(a) Review of contractor earned value management systems
The Administrator shall enter into an arrangement with an independent entity under which that entity shall—
(1) review and validate whether the earned value management systems of contractors of the Administration for life extension programs meet the earned value management national standard; and
(2) conduct periodic surveillance reviews of such systems to ensure that such systems maintain compliance with that standard through program completion.
(b) Benchmarks for technology readiness levels
The Administrator shall—
(1) establish specific benchmarks for technology readiness levels of critical technologies for life extension programs at key decision points; and
(2) ensure that critical technologies meet such benchmarks at such decision points.
(c) Applicability
This section shall apply to programs that, as of January 1, 2021, have not entered phase 3 of the nuclear weapons acquisition process or phase 6.3 of a nuclear weapons life extension program.
(d) Definition
In this section, the term "earned value management national standard" means the most recent version of the EIA-748 Earned Value Management System Standard published by the National Defense Industrial Association.
(
Part B—Tritium
§2541. Tritium production program
(a) Establishment of program
The Secretary of Energy shall establish a tritium production program that is capable of meeting the tritium requirements of the United States for nuclear weapons.
(b) Location of tritium production facility
The Secretary shall locate any new tritium production facility of the Department of Energy at the Savannah River Site, South Carolina.
(c) In-reactor tests
The Secretary may perform in-reactor tests of tritium target rods as part of the activities carried out under the commercial light water reactor program.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Subsec. (b) of
Amendments
2013—
Subsec. (c).
2003—Subsec. (a)(1).
Subsec. (b).
Subsecs. (d)(2)(B), (e).
§2542. Tritium recycling
(a) In general
Except as provided in subsection (b), the following activities shall be carried out at the Savannah River Site, South Carolina:
(1) All tritium recycling for weapons, including tritium refitting.
(2) All activities regarding tritium formerly carried out at the Mound Plant, Ohio.
(b) Exception
The following activities may be carried out at the Los Alamos National Laboratory, New Mexico:
(1) Research on tritium.
(2) Work on tritium in support of the defense inertial confinement fusion program.
(3) Provision of technical assistance to the Savannah River Site regarding the weapons surveillance program.
(
§2543. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(c)(11)(B), Dec. 26, 2013, 127 Stat. 1075
Section,
§2544. Modernization and consolidation of tritium recycling facilities
The Secretary of Energy shall carry out activities at the Savannah River Site, South Carolina, to—
(1) modernize and consolidate the facilities for recycling tritium from weapons; and
(2) provide a modern tritium extraction facility so as to ensure that such facilities have a capacity to recycle tritium from weapons that is adequate to meet the requirements for tritium for weapons specified in the Nuclear Weapons Stockpile Memorandum.
(
Editorial Notes
Amendments
2013—
2003—Subsec. (b).
§2545. Repealed. Pub. L. 117–263, div. C, title XXXI, §3132(a)(1)(A)(ii), Dec. 23, 2022, 136 Stat. 3060
Section,
SUBCHAPTER III—PROLIFERATION MATTERS
§2561. Repealed. Pub. L. 111–84, div. C, title XXXI, §3117(a), Oct. 28, 2009, 123 Stat. 2709
Section,
§2562. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(d)(1)(A), Dec. 26, 2013, 127 Stat. 1075
Section,
§2563. Repealed. Pub. L. 115–91, div. C, title XXXI, §3133(a)(1), Dec. 12, 2017, 131 Stat. 1896
Section,
§2564. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(d)(2)(A), Dec. 26, 2013, 127 Stat. 1075
Section,
§2565. Authority to conduct program relating to fissile materials
The Secretary of Energy may conduct programs designed to improve the protection, control, and accountability of fissile materials in Russia.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2002—
Statutory Notes and Related Subsidiaries
Completion of Material Protection, Control, and Accounting Activities in the Russian Federation
"(1)
"(2)
§2566. Disposition of weapons-usable plutonium at Savannah River Site
(a) Plan for construction and operation of MOX facility
(1) Not later than February 1, 2003, the Secretary of Energy shall submit to Congress a plan for the construction and operation of the MOX facility at the Savannah River Site, Aiken, South Carolina.
(2) The plan under paragraph (1) shall include—
(A) a schedule for construction and operations so as to achieve, as of January 1, 2012, and thereafter, the MOX production objective, and to produce 1 metric ton of mixed-oxide fuel by December 31, 2012; and
(B) a schedule of operations of the MOX facility designed so that 34 metric tons of defense plutonium and defense plutonium materials at the Savannah River Site will be processed into mixed-oxide fuel by January 1, 2019.
(3)(A) Not later than February 15 each year, beginning in 2004 and continuing through 2024, the Secretary shall submit to Congress a report on the implementation of the plan required by paragraph (1).
(B) Each report under subparagraph (A) for years before 2010 shall include—
(i) an assessment of compliance with the schedules included with the plan under paragraph (2); and
(ii) a certification by the Secretary whether or not the MOX production objective can be met by January 2012.
(C) Each report under subparagraph (A) for years after 2014 shall—
(i) address whether the MOX production objective has been met; and
(ii) assess progress toward meeting the obligations of the United States under the Plutonium Management and Disposition Agreement.
(D) Each report under subparagraph (A) for years after 2019 shall also include an assessment of compliance with the MOX production objective and, if not in compliance, the plan of the Secretary for achieving one of the following:
(i) Compliance with such objective.
(ii) Removal of all remaining defense plutonium and defense plutonium materials from the State of South Carolina.
(b) Corrective actions
(1) If a report under subsection (a)(3) indicates that construction or operation of the MOX facility is behind the applicable schedule under subsection (g) by 12 months or more, the Secretary shall submit to Congress, not later than August 15 of the year in which such report is submitted, a plan for corrective actions to be implemented by the Secretary to ensure that the MOX facility project is capable of meeting the MOX production objective.
(2) If a plan is submitted under paragraph (1) in any year after 2008, the plan shall include corrective actions to be implemented by the Secretary to ensure that the MOX production objective is met.
(3) Any plan for corrective actions under paragraph (1) or (2) shall include established milestones under such plan for achieving compliance with the MOX production objective.
(4) If, before January 1, 2012, the Secretary determines that there is a substantial and material risk that the MOX production objective will not be achieved by 2012 because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until such risk is addressed and the Secretary certifies that the MOX production objective can be met by 2012.
(5) If, after January 1, 2014, the Secretary determines that the MOX production objective has not been achieved because of a failure to achieve milestones set forth in the most recent corrective action plan under this subsection, the Secretary shall suspend further transfers of defense plutonium and defense plutonium materials to be processed by the MOX facility until the Secretary certifies that the MOX production objective can be met.
(6)(A) Upon making a determination under paragraph (4) or (5), the Secretary shall submit to Congress a report on the options for removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the State of South Carolina after April 15, 2002.
(B) Each report under subparagraph (A) shall include an analysis of each option set forth in the report, including the cost and schedule for implementation of such option, and any requirements under the National Environmental Policy Act of 1969 (
(C) Upon submittal of a report under subparagraph (A), the Secretary shall commence any analysis that may be required under the National Environmental Policy Act of 1969 in order to select among the options set forth in the report.
(c) Contingent requirement for removal of plutonium and materials from Savannah River Site
If the MOX production objective is not achieved as of January 1, 2014, the Secretary shall, consistent with the National Environmental Policy Act of 1969 [
(1) not later than January 1, 2016, not less than 1 metric ton of defense plutonium or defense plutonium materials; and
(2) not later than January 1, 2022, an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002, and January 1, 2022, but not processed by the MOX facility.
(d) Economic and impact assistance
(1) If the MOX production objective is not achieved as of January 1, 2016, the Secretary shall, subject to the availability of appropriations, pay to the State of South Carolina each year beginning on or after that date through 2021 for economic and impact assistance an amount equal to $1,000,000 per day, not to exceed $100,000,000 per year, until the later of—
(A) the date on which the MOX production objective is achieved in such year; or
(B) the date on which the Secretary has removed from the State of South Carolina in such year at least 1 metric ton of defense plutonium or defense plutonium materials.
(2)(A) If, as of January 1, 2022, the MOX facility has not processed mixed-oxide fuel from defense plutonium and defense plutonium materials in the amount of not less than—
(i) one metric ton, in each of any two consecutive calendar years; and
(ii) three metric tons total,
the Secretary shall, from funds available to the Secretary, pay to the State of South Carolina for economic and impact assistance an amount equal to $1,000,000 per day, not to exceed $100,000,000 per year, until the removal by the Secretary from the State of South Carolina of an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site between April 15, 2002, and January 1, 2022, but not processed by the MOX facility.
(B) Nothing in this paragraph may be construed to terminate, supersede, or otherwise affect any other requirements of this section.
(3) If the State of South Carolina obtains an injunction that prohibits the Department of Energy from taking any action necessary for the Department to meet any deadline specified by this subsection, that deadline shall be extended for a period of time equal to the period of time during which the injunction is in effect.
(e) Failure to complete planned disposition program
If less than 34 metric tons of defense plutonium or defense plutonium materials have been processed by the MOX facility by October 1, 2026, the Secretary shall, not later than December 1, 2026, and on a biennial basis thereafter, submit to Congress a plan for—
(1) completing the processing of 34 metric tons of defense plutonium and defense plutonium material by the MOX facility; or
(2) removing from the State of South Carolina an amount of defense plutonium or defense plutonium materials equal to the amount of defense plutonium or defense plutonium materials transferred to the Savannah River Site after April 15, 2002, but not processed by the MOX facility.
(f) Removal of mixed-oxide fuel upon completion of operations of MOX facility
If, one year after the date on which operation of the MOX facility permanently ceases, any mixed-oxide fuel remains at the Savannah River Site, the Secretary shall submit to Congress—
(1) a report on when such fuel will be transferred for use in commercial nuclear reactors; or
(2) a plan for removing such fuel from the State of South Carolina.
(g) Baseline
Not later than December 31, 2006, the Secretary shall submit to Congress a report on the construction and operation of the MOX facility that includes a schedule for revising the requirements of this section during fiscal year 2007 to conform with the schedule established by the Secretary for the MOX facility, which shall be based on estimated funding levels for the fiscal year.
(h) Definitions
In this section:
(1) MOX production objective
The term "MOX production objective" means production at the MOX facility of mixed-oxide fuel from defense plutonium and defense plutonium materials at an average rate equivalent to not less than one metric ton of mixed-oxide fuel per year. The average rate shall be determined by measuring production at the MOX facility from the date the facility is declared operational to the Nuclear Regulatory Commission through the date of assessment.
(2) MOX facility
The term "MOX facility" means the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina.
(3) Defense plutonium; defense plutonium materials
The terms "defense plutonium" and "defense plutonium materials" mean weapons-usable plutonium.
(
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (b)(6)(B), (C) and (c), is
Amendments
2024—Subsec. (a)(3)(A).
Subsec. (e).
2014—Subsec. (b)(6)(C).
Subsec. (c)(2).
Subsec. (d)(3).
2013—Subsec. (a)(3)(C).
Subsec. (a)(3)(D).
Subsec. (b)(1).
Subsec. (b)(5).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d)(1).
Subsec. (d)(2)(A).
Subsec. (e).
2005—Subsec. (a)(2)(A).
Subsec. (a)(3)(B)(ii).
Subsec. (a)(3)(C).
Subsec. (b)(1).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d)(1).
Subsec. (d)(2)(A).
Subsec. (e).
Subsecs. (g), (h).
§2567. Disposition of surplus defense plutonium at Savannah River Site, Aiken, South Carolina
(a) Consultation required
The Secretary of Energy shall consult with the Governor of the State of South Carolina regarding any decisions or plans of the Secretary related to the disposition of surplus defense plutonium and defense plutonium materials located at the Savannah River Site, Aiken, South Carolina.
(b) Notice required
For each shipment of defense plutonium or defense plutonium materials to the Savannah River Site, the Secretary shall, not less than 30 days before the commencement of such shipment, submit to the congressional defense committees a report providing notice of such shipment.
(c) Plan for disposition
The Secretary shall prepare a plan for disposal of the surplus defense plutonium and defense plutonium materials currently located at the Savannah River Site and for disposal of defense plutonium and defense plutonium materials to be shipped to the Savannah River Site in the future. The plan shall include the following:
(1) A review of each option considered for such disposal.
(2) An identification of the preferred option for such disposal.
(3) With respect to the facilities for such disposal that are required by the Department of Energy's Record of Decision for the Storage and Disposition of Weapons-Usable Fissile Materials Final Programmatic Environmental Impact Statement dated January 14, 1997—
(A) a statement of the cost of construction and operation of such facilities;
(B) a schedule for the expeditious construction of such facilities, including milestones; and
(C) a firm schedule for funding the cost of such facilities.
(4) A specification of the means by which all such defense plutonium and defense plutonium materials will be removed in a timely manner from the Savannah River Site for storage or disposal elsewhere.
(d) Plan for alternative disposition
If the Secretary determines not to proceed at the Savannah River Site with construction of the plutonium immobilization plant, or with the mixed oxide fuel fabrication facility, the Secretary shall prepare a plan that identifies a disposition path for all defense plutonium and defense plutonium materials that would otherwise have been disposed of at such plant or such facility, as applicable.
(e) Submission of plans
Not later than February 1, 2002, the Secretary shall submit to Congress the plan required by subsection (c) (and the plan prepared under subsection (d), if applicable).
(f) Limitation on plutonium shipments
If the Secretary does not submit to Congress the plan required by subsection (c) (and the plan prepared under subsection (d), if applicable) by February 1, 2002, the Secretary shall be prohibited from shipping defense plutonium or defense plutonium materials to the Savannah River Site during the period beginning on February 1, 2002, and ending on the date on which such plans are submitted to Congress.
(g) Rule of construction
Nothing in this section may be construed to prohibit or limit the Secretary from shipping defense plutonium or defense plutonium materials to sites other than the Savannah River Site during the period referred to in subsection (f) or any other period.
(h) Annual report on funding for fissile materials disposition activities
The Secretary shall include with the budget justification materials submitted to Congress in support of the Department of Energy budget for each fiscal year (as submitted with the budget of the President under
(
§2568. Repealed. Pub. L. 117–263, div. C, title XXXI, §3132(b)(1), Dec. 23, 2022, 136 Stat. 3060
Section,
§2569. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide
(a) Sense of Congress
(1) It is the sense of Congress that the security, including the rapid removal or secure storage, of high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment at vulnerable sites worldwide should be a top priority among the activities to achieve the national security of the United States.
(2) It is the sense of Congress that the President may establish in the Department of Energy a task force to be known as the Task Force on Nuclear Materials to carry out the program authorized by subsection (b).
(b) Program authorized
The Secretary of Energy may carry out a program to undertake an accelerated, comprehensive worldwide effort to mitigate the threats posed by high-risk, proliferation-attractive fissile materials, radiological materials, and related equipment located at sites potentially vulnerable to theft or diversion.
(c) Program elements
(1) Activities under the program under subsection (b) may include the following:
(A) Accelerated efforts to secure, remove, or eliminate proliferation-attractive fissile materials or radiological materials in research reactors, other reactors, and other facilities worldwide.
(B) Arrangements for the secure shipment of proliferation-attractive fissile materials, radiological materials, and related equipment to other countries willing to accept such materials and equipment, or to the United States if such countries cannot be identified, and the provision of secure storage or disposition of such materials and equipment following shipment.
(C) The transportation of proliferation-attractive fissile materials, radiological materials, and related equipment from sites identified as proliferation risks to secure facilities in other countries or in the United States.
(D) The processing and packaging of proliferation-attractive fissile materials, radiological materials, and related equipment in accordance with required standards for transport, storage, and disposition.
(E) The provision of interim security upgrades for vulnerable, proliferation-attractive fissile materials, radiological materials, and related equipment pending their removal from their current sites.
(F) The utilization of funds to upgrade security and accounting at sites where proliferation-attractive fissile materials or radiological materials will remain for an extended period of time in order to ensure that such materials are secure against plausible potential threats and will remain so in the future.
(G) The management of proliferation-attractive fissile materials, radiological materials, and related equipment at secure facilities.
(H) Actions to ensure that security, including security upgrades at sites and facilities for the storage or disposition of proliferation-attractive fissile materials, radiological materials, and related equipment, continues to function as intended.
(I) The provision of technical support to the International Atomic Energy Agency (IAEA), other countries, and other entities to facilitate removal of, and security upgrades to facilities that contain, proliferation-attractive fissile materials, radiological materials, and related equipment worldwide.
(J) The development of alternative fuels and irradiation targets based on low-enriched uranium to convert research or other reactors fueled by highly-enriched uranium to such alternative fuels, as well as the conversion of reactors and irradiation targets employing highly-enriched uranium to employment of such alternative fuels and targets.
(K) Accelerated actions for the blend down of highly-enriched uranium to low-enriched uranium.
(L) The provision of assistance in the closure and decommissioning of sites identified as presenting risks of proliferation of proliferation-attractive fissile materials, radiological materials, and related equipment.
(M) Programs to—
(i) assist in the placement of employees displaced as a result of actions pursuant to the program in enterprises not representing a proliferation threat; and
(ii) convert (including through the use of alternative technologies) sites identified as presenting risks of proliferation regarding proliferation-attractive fissile materials, radiological materials, and related equipment to purposes not representing a proliferation threat to the extent necessary to eliminate the proliferation threat.
(2) The Secretary of Energy shall, in coordination with the Secretary of State, carry out the program in consultation with, and with the assistance of, appropriate departments, agencies, and other entities of the United States Government.
(3) The Secretary of Energy shall, with the concurrence of the Secretary of State, carry out activities under the program in collaboration with such foreign governments, non-governmental organizations, and other international entities as the Secretary of Energy considers appropriate for the program.
(d) Funding
Amounts authorized to be appropriated to the Secretary of Energy for defense nuclear nonproliferation activities shall be available for purposes of the program under this section.
(e) Participation by other governments and organizations
(1) In general
The Secretary of Energy may, with the concurrence of the Secretary of State, enter into one or more agreements with any person (including a foreign government, international organization, or multinational entity) that the Secretary of Energy considers appropriate under which the person contributes funds for purposes of the programs described in paragraph (2).
(2) Programs covered
The programs described in this paragraph are any programs within the Office of Defense Nuclear Nonproliferation of the National Nuclear Security Administration.
(3) Retention and use of amounts
Notwithstanding
(4) Return of amounts not used within 5 years
If an amount contributed under an agreement under paragraph (1) is not used under this subsection within 5 years after it was contributed, the Secretary of Energy shall return that amount to the person who contributed it.
(5) Annual report
Not later than October 31 of each year, the Secretary of Energy shall submit to the congressional defense committees a report on the receipt and use of amounts under this subsection during the preceding fiscal year. Each report for a fiscal year shall set forth—
(A) a statement of any amounts received under this subsection, including, for each such amount, the value of the contribution and the person who contributed it;
(B) a statement of any amounts used under this subsection, including, for each such amount, the purposes for which the amount was used; and
(C) a statement of the amounts retained but not used under this subsection, including, for each such amount, the purposes (if known) for which the Secretary intends to use the amount.
(f) Definitions
In this section:
(1) The term "fissile materials" means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated items containing such materials if the radiation field from such items is not sufficient to prevent the theft or misuse of such items.
(2) The term "radiological materials" includes Americium-241, Californium-252, Cesium-137, Cobalt-60, Iridium-192, Plutonium-238, Radium-226, Strontium-90, Curium-244, and irradiated items containing such materials, or other materials designated by the Secretary of Energy for purposes of this paragraph.
(3) The term "related equipment" includes equipment useful for enrichment of uranium in the isotope 235 and for extraction of fissile materials from irradiated fuel rods and other equipment designated by the Secretary of Energy for purposes of this section.
(4) The term "highly-enriched uranium" means uranium enriched to or above 20 percent in the isotope 235.
(5) The term "low-enriched uranium" means uranium enriched below 20 percent in the isotope 235.
(6) The term "proliferation-attractive", in the case of fissile materials and radiological materials, means quantities and types of such materials that are determined by the Secretary of Energy to present a significant risk to the national security of the United States if diverted to a use relating to proliferation.
(7) The term "alternative technologies" means technologies, such as accelerator-based equipment, that do not use radiological materials.
(
Editorial Notes
Amendments
2023—Subsec. (d).
Subsec. (e).
Subsec. (e)(6).
Subsecs. (f), (g).
2022—Subsec. (c)(1)(M)(ii).
Subsec. (g)(7).
2021—Subsec. (f)(6).
2018—Subsec. (f)(5).
Subsec. (f)(6), (7).
2013—Subsec. (f)(2).
Subsec. (f)(7).
2006—Subsecs. (f), (g).
Statutory Notes and Related Subsidiaries
Acceleration of Replacement of Cesium Blood Irradiation Sources
"(a)
"(b)
"(1) is voluntary for owners of blood irradiation devices;
"(2) allows for the United States, subject to the review of the Administrator, to pay up to 50 percent of the per-device cost of replacing blood irradiation devices covered by the programs;
"(3) allows for the United States to pay up to 100 percent of the cost of removing and disposing of cesium sources retired from service by the programs; and
"(4) replaces such devices with x-ray irradiation devices or other devices approved by the Food and Drug Administration that provide significant threat reduction as compared to cesium chloride irradiators.
"(c)
"(d)
"(1) identification of each cesium chloride blood irradiation device in the United States, including the number, general location, and user type;
"(2) a plan for achieving the goal established by subsection (a);
"(3) a methodology for prioritizing replacement of such devices that takes into account irradiator age and prior material security initiatives;
"(4) in consultation with the Nuclear Regulatory Commission and the Food and Drug Administration, a strategy identifying any legislative, regulatory, or other measures necessary to constrain the introduction of new cesium chloride blood irradiation devices;
"(5) identification of the annual funds required to meet the goal established by subsection (a); and
"(6) a description of the disposal path for cesium chloride sources under the covered programs.
"(e)
"(1) the number of replacement irradiators under the covered programs;
"(2) the life-cycle costs of the programs, including personnel training, maintenance, and replacement costs for new irradiation devices;
"(3) the cost-effectiveness of the covered programs;
"(4) an analysis of the effectiveness of the new irradiation devices' technology; and
"(5) a forecast of whether the Administrator will meet the goal established in subsection (a).
"(f)
"(1)
"(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives; and
"(B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Health, Education, Labor, and Pensions of the Senate.
"(2)
"(A) The Cesium Irradiator Replacement Program.
"(B) The Off-Site Source Recovery Program."
"Congressional Defense Committees" Defined
Congressional defense committees has the meaning given that term in
§§2570, 2571. Repealed. Pub. L. 117–263, div. C, title XXXI, §3132(b)(2), Dec. 23, 2022, 136 Stat. 3060
Section 2570,
Section 2571,
§2572. International agreements on nuclear weapons data
The Secretary of Energy may, with the concurrence of the Secretary of State and in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, enter into agreements with countries or international organizations to conduct data collection and analysis to determine accurately and in a timely manner the source of any components of, or fissile material used or attempted to be used in, a nuclear device or weapon.
(
§2573. International agreements on information on radioactive materials
The Secretary of Energy may, with the concurrence of the Secretary of State and in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, enter into agreements with countries or international organizations—
(1) to acquire for the materials information program of the Department of Energy validated information on the physical characteristics of radioactive material produced, used, or stored at various locations, in order to facilitate the ability to determine accurately and in a timely manner the source of any components of, or fissile material used or attempted to be used in, a nuclear device or weapon; and
(2) to obtain access to information described in paragraph (1) in the event of—
(A) a nuclear detonation; or
(B) the interdiction or discovery of a nuclear device or weapon or nuclear material.
(
§2574. Repealed. Pub. L. 117–263, div. C, title XXXI, §3132(b)(3), Dec. 23, 2022, 136 Stat. 3060
Section,
§2575. Defense nuclear nonproliferation management plan
(a) Plan required
The Administrator shall develop and annually update a five-year management plan for activities associated with the defense nuclear nonproliferation programs of the Administration to prevent and counter the proliferation of materials, technology, equipment, and expertise related to nuclear and radiological weapons in order to minimize and address the risk of nuclear terrorism and the proliferation of such weapons.
(b) Submission to Congress
(1) Not later than March 15 of each even-numbered year, the Administrator shall submit to the congressional defense committees a summary of the plan developed under subsection (a).
(2) Not later than March 15 of each odd-numbered year, the Administrator shall submit to the congressional defense committees a detailed report on the plan developed under subsection (a).
(3) Each summary submitted under paragraph (1) and each report submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex if necessary.
(c) Elements
The plan required by subsection (a) shall include, with respect to each defense nuclear nonproliferation program of the Administration, the following:
(1) A description of the policy context in which the program operates, including—
(A) a list of relevant laws, policy directives issued by the President, and international agreements; and
(B) nuclear nonproliferation activities carried out by other Federal agencies.
(2) A description of the objectives and priorities of the program during the year preceding the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be.
(3) A description of the activities carried out under the program during that year.
(4) A description of the accomplishments and challenges of the program during that year, based on an assessment of metrics and objectives previously established to determine the effectiveness of the program.
(5) A description of any gaps that remain that were not or could not be addressed by the program during that year.
(6) An identification and explanation of uncommitted or uncosted balances for the program, as of the date of the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, that are greater than the acceptable carryover thresholds, as determined by the Secretary of Energy.
(7) An identification of funds for the program received through contributions from or cost-sharing agreements with foreign governments consistent with
(8) A description and assessment of activities carried out under the program during that year that were coordinated with other elements of the Department of Energy, with the Department of Defense, and with other Federal agencies, to maximize efficiency and avoid redundancies.
(9) Plans for activities of the program during the five-year period beginning on the date on which the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, is submitted, including activities with respect to the following:
(A) Preventing nuclear and radiological proliferation and terrorism, including through—
(i) material management and minimization, particularly with respect to removing or minimizing the use of highly enriched uranium, plutonium, and radiological materials worldwide (and identifying the countries in which such materials are located), efforts to dispose of surplus material, converting reactors from highly enriched uranium to low-enriched uranium (and identifying the countries in which such reactors are located);
(ii) global nuclear material security, including securing highly enriched uranium, plutonium, and radiological materials worldwide (and identifying the countries in which such materials are located), and providing radiation detection capabilities at foreign ports and borders;
(iii) nonproliferation and arms control, including nuclear verification and safeguards;
(iv) defense nuclear research and development, including a description of activities related to developing and improving technology to detect the proliferation and detonation of nuclear weapons, verifying compliance of foreign countries with commitments under treaties and agreements relating to nuclear weapons, and detecting the diversion of nuclear materials (including safeguards technology); and
(v) nonproliferation construction programs, including activities associated 1 Department of Energy Order 413.1 (relating to program management controls).
(B) Countering nuclear and radiological proliferation and terrorism.
(C) Responding to nuclear and radiological proliferation and terrorism, including through—
(i) crisis operations;
(ii) consequences management; and
(iii) emergency management, including international capacity building.
(10) A threat assessment, carried out by the intelligence community (as defined in
(11) A plan for funding the program during that five-year period.
(12) An identification of metrics and objectives for determining the effectiveness of each activity carried out under the program during that five-year period.
(13) A description of the activities to be carried out under the program during that five-year period and a description of how the program will be prioritized relative to other defense nuclear nonproliferation programs of the Administration during that five-year period to address the highest priority risks and requirements, as informed by the threat assessment carried out under paragraph (10).
(14) A description and assessment of activities to be carried out under the program during that five-year period that will be coordinated with other elements of the Department of Energy, with the Department of Defense, and with other Federal agencies, to maximize efficiency and avoid redundancies.
(15) A summary of the technologies and capabilities documented under
(16) A summary of the assessments conducted under
(17) Such other matters as the Administrator considers appropriate.
(
Editorial Notes
Amendments
2023—Subsec. (c)(7).
2018—Subsec. (c)(16) to (18).
2017—Subsec. (a).
Subsec. (b).
Subsec. (b)(16) to (18).
Subsec. (c).
Subsec. (c)(2).
Subsec. (c)(6).
Subsec. (c)(7).
Subsec. (c)(9).
Subsec. (c)(10).
Subsec. (c)(14) to (16).
1 So in original. Probably should be followed by "with".
§2576. Information relating to certain defense nuclear nonproliferation programs
(a) Technologies and capabilities
The Administrator shall document, for efforts that are not focused on basic research, the technologies and capabilities of the defense nuclear nonproliferation research and development program that—
(1) are transitioned to end users for further development or deployment; and
(2) are deployed.
(b) Assessments of status
(1) In assessing projects under the defense nuclear nonproliferation research and development program or the defense nuclear nonproliferation and arms control program, the Administrator shall compare the status of each such project, including with respect to the final results of such project, to the baseline targets and goals established in the initial project plan of such project.
(2) The Administrator may carry out paragraph (1) using a common template or such other means as the Administrator determines appropriate.
(
§2577. Annual Selected Acquisition Reports on certain hardware relating to defense nuclear nonproliferation
(a) Annual Selected Acquisition Reports
(1) In general
At the end of each fiscal year, the Administrator shall submit to the congressional defense committees a report on each covered hardware project. The reports shall be known as Selected Acquisition Reports for the covered hardware project concerned.
(2) Matters included
The information contained in the Selected Acquisition Report for a fiscal year for a covered hardware project shall be the information contained in the Selected Acquisition Report for such fiscal year for a major defense acquisition program under
(b) Covered hardware project defined
In this section, the term "covered hardware project" means a project carried out under the defense nuclear nonproliferation research and development program that—
(1) is focused on the production and deployment of hardware, including with respect to the development and deployment of satellites or satellite payloads; and
(2) exceeds $500,000,000 in total program cost over the course of five years.
(
Editorial Notes
Amendments
2022—Subsec. (a)(2).
2021—Subsec. (a)(2).
SUBCHAPTER IV—DEFENSE ENVIRONMENTAL CLEANUP MATTERS
Editorial Notes
Codification
Part A—Defense Environmental Cleanup
Editorial Notes
Codification
§2581. Defense Environmental Cleanup Account
(a) Establishment
There is hereby established in the Treasury of the United States for the Department of Energy an account to be known as the "Defense Environmental Cleanup Account" (hereafter in this section referred to as the "Account").
(b) Amounts in Account
All sums appropriated to the Department of Energy for defense environmental cleanup at defense nuclear facilities shall be credited to the Account. Such appropriations shall be authorized annually by law. To the extent provided in appropriations Acts, amounts in the Account shall remain available until expended.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—
Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Classification of Defense Environmental Cleanup as Capital Asset Projects or Operations Activities
"(a)
"(b)
"(1) setting forth the requirements established under subsection (a); and
"(2) assessing whether any ongoing defense environmental cleanup projects should be reclassified based on those requirements."
§2582. Requirement to develop future use plans for defense environmental cleanup
(a) Authority to develop future use plans
The Secretary of Energy may develop future use plans for any defense nuclear facility at which defense environmental cleanup activities are occurring.
(b) Requirement to develop future use plans
The Secretary shall develop a future use plan for each of the following defense nuclear facilities:
(1) Hanford Site, Richland, Washington.
(2) Savannah River Site, Aiken, South Carolina.
(3) Idaho National Engineering Laboratory, Idaho.
(c) Citizen advisory board
(1) At each defense nuclear facility for which the Secretary of Energy intends or is required to develop a future use plan under this section and for which no citizen advisory board has been established, the Secretary shall establish a citizen advisory board.
(2) The Secretary may authorize the manager of a defense nuclear facility for which a future use plan is developed under this section (or, if there is no such manager, an appropriate official of the Department of Energy designated by the Secretary) to pay routine administrative expenses of a citizen advisory board established for that facility. Such payments shall be made from funds available to the Secretary for defense environmental cleanup activities necessary for national security programs.
(d) Requirement to consult with citizen advisory board
In developing a future use plan under this section with respect to a defense nuclear facility, the Secretary of Energy shall consult with a citizen advisory board established pursuant to subsection (c) or a similar advisory board already in existence as of September 23, 1996, for such facility, affected local governments (including any local future use redevelopment authorities), and other appropriate State agencies.
(e) 50-year planning period
A future use plan developed under this section shall cover a period of at least 50 years.
(f) Report
Not later than 60 days after completing development of a final plan for a site listed in subsection (b), the Secretary of Energy shall submit to Congress a report on the plan. The report shall describe the plan and contain such findings and recommendations with respect to the site as the Secretary considers appropriate.
(g) Savings provisions
(1) Nothing in this section, or in a future use plan developed under this section with respect to a defense nuclear facility, shall be construed as requiring any modification to a future use plan with respect to a defense nuclear facility that was developed before September 23, 1996.
(2) Nothing in this section may be construed to affect statutory requirements for a defense environmental cleanup activity or project or to modify or otherwise affect applicable statutory or regulatory defense environmental cleanup requirements, including substantive standards intended to protect public health and the environment, nor shall anything in this section be construed to preempt or impair any local land use planning or zoning authority or State authority.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2013—
Subsec. (a).
Subsec. (b)(2) to (4).
Subsec. (c)(2).
Subsec. (f).
Subsec. (g).
Subsec. (g)(2).
Subsec. (h).
2003—Subsec. (d).
Subsec. (h)(1).
§2582a. Future-years defense environmental cleanup plan
(a) In general
The Secretary of Energy shall submit to Congress each year, at or about the same time that the President's budget is submitted to Congress for a fiscal year under
(1) reflects the estimated expenditures and proposed appropriations included in that budget for the Department of Energy for defense environmental cleanup; and
(2) covers a period that includes the fiscal year for which that budget is submitted and not less than the four succeeding fiscal years.
(b) Elements
Each future-years defense environmental cleanup plan required by subsection (a) shall contain the following:
(1) A detailed description of the projects and activities relating to defense environmental cleanup to be carried out during the period covered by the plan at the sites specified in subsection (c) and with respect to the activities specified in subsection (d).
(2) A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support such projects and activities.
(3) With respect to each site specified in subsection (c), the following:
(A) A statement of each milestone included in an enforceable agreement governing cleanup and waste remediation for that site for each fiscal year covered by the plan.
(B) For each such milestone, a statement with respect to whether each such milestone will be met in each such fiscal year.
(C) For any milestone that will not be met, an explanation of why the milestone will not be met and the date by which the milestone is expected to be met.
(D) For any milestone that has been missed, renegotiated, or postponed, a statement of the current milestone, the original milestone, and any interim milestones.
(c) Sites specified
The sites specified in this subsection are the following:
(1) The Idaho National Laboratory, Idaho.
(2) The Waste Isolation Pilot Plant, Carlsbad, New Mexico.
(3) The Savannah River Site, Aiken, South Carolina.
(4) The Oak Ridge National Laboratory, Oak Ridge, Tennessee.
(5) The Hanford Site, Richland, Washington.
(6) Any defense closure site of the Department of Energy.
(7) Any site of the National Nuclear Security Administration.
(d) Activities specified
The activities specified in this subsection are the following:
(1) Program support.
(2) Program direction.
(3) Safeguards and security.
(4) Technology development and deployment.
(5) Federal contributions to the Uranium Enrichment Decontamination and Decommissioning Fund established under
(
Editorial Notes
Amendments
2021—Subsec. (b)(3)(D).
2013—
Subsec. (a).
Subsec. (a)(1).
Subsec. (b).
§2583. Repealed. Pub. L. 117–263, div. C, title XXXI, §3132(a)(1)(B)(i), Dec. 23, 2022, 136 Stat. 3060
Section,
§2584. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(e)(5), Dec. 26, 2013, 127 Stat. 1076
Section,
§2585. Accelerated schedule for defense environmental cleanup activities
(a) Accelerated cleanup
The Secretary of Energy shall accelerate the schedule for defense environmental cleanup activities and disposition projects for a site at a Department of Energy defense nuclear facility if the Secretary determines that such an accelerated schedule will accelerate the recapitalization, modernization, or replacement of National Nuclear Security Administration facilities supporting the nuclear weapons stockpile, achieve meaningful, long-term cost savings to the Federal Government, or could substantially accelerate the release of land for local reuse without undermining national security objectives.
(b) Consideration of factors
In making a determination under subsection (a), the Secretary shall consider the following:
(1) The extent to which accelerated cleanup schedules can contribute to a more rapid modernization of National Nuclear Security Administration facilities.
(2) The cost savings achievable by the Federal Government.
(3) The potential for reuse of the site.
(4) The risks that the site poses to local health and safety.
(5) The proximity of the site to populated areas.
(c) Savings provision
Nothing in this section may be construed to affect a specific statutory requirement for a specific defense environmental cleanup activity or project or to modify or otherwise affect applicable statutory or regulatory defense environmental cleanup requirements, including substantive standards intended to protect public health and the environment.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2024—Subsec. (a).
Subsec. (b).
2013—
Subsec. (a).
Subsec. (b)(2) to (5).
Subsecs. (c), (d).
2003—Subsec. (b)(2).
§2586. Defense environmental cleanup technology program
(a) Establishment of program
The Secretary of Energy shall establish and carry out a program of research for the development of technologies useful for—
(1) the reduction of environmental hazards and contamination resulting from defense waste; and
(2) environmental restoration of inactive defense waste disposal sites.
(b) Definitions
As used in this section:
(1) The term "defense waste" means waste, including radioactive waste, resulting primarily from atomic energy defense activities of the Department of Energy.
(2) The term "inactive defense waste disposal site" means any site (including any facility) under the control or jurisdiction of the Secretary of Energy which is used for the disposal of defense waste and is closed to the disposal of additional defense waste, including any site that is subject to decontamination and decommissioning.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2014—Subsec. (a).
2013—
Subsecs. (b), (c).
2003—
1997—Subsecs. (c), (d).
§2586a. Other programs relating to technology development
(a) Incremental Technology Development Program
(1) Establishment
The Secretary may establish a program, to be known as the "Incremental Technology Development Program", to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office.
(2) Focus
(A) Improvements
In carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including—
(i) decontamination chemicals and techniques;
(ii) remote sensing and wireless communication to reduce manpower and laboratory efforts;
(iii) detection, assay, and certification instrumentation; and
(iv) packaging materials, methods, and shipping systems.
(B) Other areas
The Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A).
(3) Use of new and emerging technologies
(A) Development and demonstration
In carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations.
(B) Collaboration required
The Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program.
(4) Agreements to carry out projects
(A) Authority
In carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2).
(B) Selection
The Secretary shall select projects under subparagraph (A) through a rigorous process that involves—
(i) transparent and open competition; and
(ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships.
(C) Cost-sharing
The Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent.
(D) Briefing
Not later than 120 days before the date on which the Secretary enters into the first agreement under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest.
(b) High-Impact Technology Development Program
(1) Establishment
The Secretary shall establish a program, to be known as the "High-Impact Technology Development Program", under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission—
(A) holistically address difficult challenges;
(B) hold the promise of breakthrough improvements; or
(C) align existing or in-use technologies with difficult challenges.
(2) Areas of focus
The Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following:
(A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on—
(i) real-time field acquisition; and
(ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration.
(B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex.
(C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of—
(i) remediation systems; and
(ii) noninvasive near-field monitoring techniques.
(D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on—
(i) rapid and nondestructive examination and assay techniques; and
(ii) methods to determine radio-nuclide, heavy metals, and organic constituents.
(E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites.
(F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment.
(G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates—
(i) to address engineering adaptations;
(ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and
(iii) to enable successful deployment at full-scale and in support of operations.
(H) Developing and demonstrating rapid testing protocols that—
(i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community;
(ii) can be used to measure long-term waste form performance under realistic disposal environments;
(iii) can determine whether a stabilized waste is suitable for disposal; and
(iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal.
(I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury.
(J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines.
(3) Project selection
(A) Selection
The Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves—
(i) transparent and open competition; and
(ii) a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships.
(B) Briefing
Not later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest.
(c) Environmental Management University Program
(1) Establishment
The Secretary shall establish a program, to be known as the "Environmental Management University Program", to—
(A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise;
(B) provide institutions of higher education and the Department access to advances in engineering and science;
(C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and
(D) encourage current employees of the Department to pursue advanced degrees.
(2) Areas of focus
The Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following:
(A) The atomic- and molecular-scale chemistries of waste processing.
(B) Contaminant immobilization in engineered and natural systems.
(C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine.
(D) Elucidating and exploiting complex speciation and reactivity far from equilibrium.
(E) Understanding and controlling chemical and physical processes at interfaces.
(F) Harnessing physical and chemical processes to revolutionize separations.
(G) Tailoring waste forms for contaminants in harsh chemical environments.
(H) Predicting and understanding subsurface system behavior and response to perturbations.
(3) Individual research grants
In carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period.
(4) Grants for interdisciplinary collaborations
In carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects.
(5) Hiring of undergraduates
In carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management.
(6) Workshops
In carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions.
(d) Definitions
In this section:
(1) The term "complex" means all sites managed in whole or in part by the Office.
(2) The term "Department" means the Department of Energy.
(3) The term "institution of higher education" has the meaning given the term in
(4) The term "mission" means the mission of the Office.
(5) The term "National Laboratory" has the meaning given the term in
(6) The term "Office" means the Office of Environmental Management of the Department.
(7) The term "Secretary" means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.
(
§2587. Report on defense environmental cleanup expenditures
Each year, at the same time the President submits to Congress the budget for a fiscal year (pursuant to
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—
2003—
§2588. Public participation in planning for defense environmental cleanup
The Secretary of Energy shall consult with the Administrator of the Environmental Protection Agency, the Attorney General, Governors and attorneys general of affected States, appropriate representatives of affected Indian tribes, and interested members of the public in any planning conducted by the Secretary for defense environmental cleanup activities at Department of Energy defense nuclear facilities.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2013—
2003—
§2589. Policy of Department of Energy regarding future defense environmental management matters
(a) Policy required
(1) Commencing not later than October 1, 2005, the Secretary of Energy shall have in effect a policy for carrying out future defense environmental management matters of the Department of Energy. The policy shall specify each officer within the Department with responsibilities for carrying out that policy and, for each such officer, the nature and extent of those responsibilities.
(2) In paragraph (1), the term "future defense environmental management matter" means any environmental cleanup project, decontamination and decommissioning project, waste management project, or related activity that arises out of the activities of the Department in carrying out programs necessary for national security and is to be commenced after November 24, 2003. However, such term does not include any such project or activity the responsibility for which has been assigned, as of November 24, 2003, to the Environmental Management program of the Department.
(b) Reflection in budget
For fiscal year 2006 and each fiscal year thereafter, the Secretary shall ensure that the budget justification materials submitted to Congress in support of the Department of Energy budget for such fiscal year (as submitted with the budget of the President under
(c) Consultation
The Secretary shall carry out this section in consultation with the Administrator for Nuclear Security and the Under Secretary of Energy for Energy, Science, and Environment.
(d) Report
The Secretary shall include with the budget justification materials submitted to Congress in support of the Department of Energy budget for fiscal year 2005 (as submitted with the budget of the President under
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Atomic Energy Defense Act which comprises this chapter.
§2590. Estimation of costs of meeting defense environmental cleanup milestones required by consent orders
The Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for each fiscal year (as submitted with the budget of the President under
(1) a specification of the cost of meeting such milestones during that fiscal year; and
(2) an estimate of the cost of meeting such milestones during the four fiscal years following that fiscal year.
(
§2591. Public statement of environmental liabilities
Each year, at the same time that the Department of Energy submits its annual financial report under
(
Part B—Closure of Facilities
§2601. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(e)(10), Dec. 26, 2013, 127 Stat. 1077
Section,
§2602. Reports in connection with permanent closures of Department of Energy defense nuclear facilities
(a) Training and job placement services plan
Not later than 120 days before a Department of Energy defense nuclear facility permanently ceases all production and processing operations, the Secretary of Energy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a discussion of the training and job placement services needed to enable the employees at such facility to obtain employment in the defense environmental cleanup activities at such facility. The discussion shall include the actions that should be taken by the contractor operating and managing such facility to provide retraining and job placement services to employees of such contractor.
(b) Closure report
Upon the permanent cessation of production operations at a Department of Energy defense nuclear facility, the Secretary of Energy shall submit to Congress a report containing—
(1) a complete survey of environmental problems at the facility;
(2) budget quality data indicating the cost of defense environmental cleanup activities at the facility; and
(3) a discussion of the proposed cleanup schedule.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2611,
Amendments
2013—Subsec. (a).
Subsec. (b)(2).
2003—
Statutory Notes and Related Subsidiaries
Defense Site Acceleration Completion
"(a)
"(1) does not require permanent isolation in a deep geologic repository for spent fuel or high-level radioactive waste;
"(2) has had highly radioactive radionuclides removed to the maximum extent practical; and
"(3)(A) does not exceed concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations, and will be disposed of—
"(i) in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations; and
"(ii) pursuant to a State-approved closure plan or State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; or
"(B) exceeds concentration limits for Class C low-level waste as set out in section 61.55 of title 10, Code of Federal Regulations, but will be disposed of—
"(i) in compliance with the performance objectives set out in subpart C of part 61 of title 10, Code of Federal Regulations;
"(ii) pursuant to a State-approved closure plan or State-issued permit, authority for the approval or issuance of which is conferred on the State outside of this section; and
"(iii) pursuant to plans developed by the Secretary in consultation with the Commission.
"(b)
"(2) If the Commission considers any disposal actions taken by the Department of Energy pursuant to those subparagraphs to be not in compliance with those performance objectives, the Commission shall, as soon as practicable after discovery of the noncompliant conditions, inform the Department of Energy, the covered State, and the following congressional committees:
"(A) The Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.
"(B) The Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate.
"(3) For fiscal year 2005, the Secretary shall, from amounts available for defense site acceleration completion, reimburse the Commission for all expenses, including salaries, that the Commission incurs as a result of performance under subsection (a) and this subsection for fiscal year 2005. The Department of Energy and the Commission may enter into an interagency agreement that specifies the method of reimbursement. Amounts received by the Commission for performance under subsection (a) and this subsection may be retained and used for salaries and expenses associated with those activities, notwithstanding
"(4) For fiscal years after 2005, the Commission shall include in the budget justification materials submitted to Congress in support of the Commission budget for that fiscal year (as submitted with the budget of the President under
"(c)
"(d)
"(1) The State of South Carolina.
"(2) The State of Idaho.
"(e)
"(2) Nothing in this section establishes any precedent or is binding on the State of Washington, the State of Oregon, or any other State not covered by subsection (d) for the management, storage, treatment, and disposition of radioactive and hazardous materials.
"(3) Nothing in this section amends the definition of 'transuranic waste' or regulations for repository disposal of transuranic waste pursuant to the Waste Isolation Pilot Plant Land Withdrawal Act [
"(4) Nothing in this section shall be construed to affect in any way the obligations of the Department of Energy to comply with section 4306A of the Atomic Energy Defense Act (
"(5) Nothing in this section amends the West Valley Demonstration Act [
"(f)
"(1) Any determination made by the Secretary or any other agency action taken by the Secretary pursuant to this section.
"(2) Any failure of the Commission to carry out its responsibilities under subsection (b)."
Sandia National Laboratories
§2603. Plan for deactivation and decommissioning of nonoperational defense nuclear facilities
(a) In general
The Secretary of Energy shall, every four years beginning in 2025, develop and subsequently carry out a plan for the activities of the Department of Energy relating to the deactivation and decommissioning of nonoperational defense nuclear facilities.
(b) Elements
The plan required by subsection (a) shall include the following:
(1) A list of nonoperational defense nuclear facilities, prioritized for deactivation and decommissioning based on the potential to reduce risks to human health, property, or the environment and to maximize cost savings.
(2) An assessment of the life cycle costs of each nonoperational defense nuclear facility during the period beginning on the date on which the plan is submitted under subsection (d) and ending on the earlier of—
(A) the date that is 25 years after the date on which the plan is submitted; or
(B) the estimated date for deactivation and decommissioning of the facility.
(3) An estimate of the cost and time needed to deactivate and decommission each nonoperational defense nuclear facility.
(4) A schedule for when the Office of Environmental Management will accept each nonoperational defense nuclear facility for deactivation and decommissioning.
(5) An estimate of costs that could be avoided by—
(A) accelerating the cleanup of nonoperational defense nuclear facilities; or
(B) other means, such as reusing such facilities for another purpose.
(c) Plan for transfer of responsibility for certain facilities
The Secretary shall, during 2025, develop and subsequently carry out a plan under which the Administrator shall transfer, by March 31, 2029, to the Assistant Secretary for Environmental Management the responsibility for decontaminating and decommissioning facilities of the Administration that the Secretary determines are nonoperational as of September 30, 2024.
(d) Submission to Congress
Not later than March 31, 2025, and every four years thereafter,,1 the Secretary shall submit to the appropriate congressional committees a report that includes—
(1) the plan required by subsection (a);
(2) a description of the deactivation and decommissioning actions expected to be taken during the following fiscal year pursuant to the plan;
(3) in the case of the report submitted during 2025, the plan required by subsection (c); and
(4) a description of the deactivation and decommissioning actions taken at each nonoperational defense nuclear facility during the period following the date on which the previous report required by this section was submitted.
(e) Termination
The requirements of this section shall terminate after the submission to the appropriate congressional committees of the report required by subsection (d) to be submitted not later than March 31, 2033.
(f) Definitions
In this section:
(1) The term "appropriate congressional committees" means—
(A) the congressional defense committees; and
(B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(2) The term "life cycle costs", with respect to a facility, means—
(A) the present and future costs of all resources and associated cost elements required to develop, produce, deploy, or sustain the facility; and
(B) the present and future costs to deactivate, decommission, and deconstruct the facility.
(3) The term "nonoperational defense nuclear facility" means a production facility or utilization facility (as those terms are defined in
(
Editorial Notes
Amendments
2022—Subsec. (a).
Subsec. (c).
"(1) are nonoperational as of September 30, 2015; and
"(2) meet the requirements of the Office of Environmental Management for such transfer."
Subsec. (d).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e).
Part C—Hanford Reservation, Washington
Editorial Notes
Codification
Prior Provisions
A prior part C, consisting of section 2611, related to privatization, prior to repeal by
§2621. Safety measures for waste tanks at Hanford Nuclear Reservation
(a) Identification and monitoring of tanks
Not later than February 3, 1991, the Secretary of Energy shall identify which single-shelled or double-shelled high-level nuclear waste tanks at the Hanford Nuclear Reservation, Richland, Washington, may have a serious potential for release of high-level waste due to uncontrolled increases in temperature or pressure. After completing such identification, the Secretary shall determine whether continuous monitoring is being carried out to detect a release or excessive temperature or pressure at each tank so identified. If such monitoring is not being carried out, as soon as practicable the Secretary shall install such monitoring, but only if a type of monitoring that does not itself increase the danger of a release can be installed.
(b) Action plans
Not later than March 5, 1991, the Secretary of Energy shall develop action plans to respond to excessive temperature or pressure or a release from any tank identified under subsection (a).
(c) Prohibition
Beginning March 5, 1991, no additional high-level nuclear waste (except for small amounts removed and returned to a tank for analysis) may be added to a tank identified under subsection (a) unless the Secretary determines that no safer alternative than adding such waste to the tank currently exists or that the tank does not pose a serious potential for release of high-level nuclear waste.
(
Editorial Notes
Amendments
2014—Subsec. (d).
2003—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
§2622. Hanford waste tank cleanup program reforms
(a) Establishment of Office of River Protection
The Secretary of Energy shall establish an office at the Hanford Reservation, Richland, Washington, to be known as the "Office of River Protection" (in this section referred to as the "Office").
(b) Management and responsibilities of Office
(1) The Office shall be headed by a senior official of the Department of Energy, who shall report to the Assistant Secretary of Energy for Environmental Management.
(2) The head of the Office shall be responsible for managing all aspects of the River Protection Project, Richland, Washington, including Hanford Tank Farm operations and the Waste Treatment Plant.
(3)(A) The Assistant Secretary of Energy for Environmental Management shall delegate in writing responsibility for the management of the River Protection Project, Richland, Washington, to the head of the Office.
(B) Such delegation shall include, at a minimum, authorities for contracting, financial management, safety, and general program management that are equivalent to the authorities of managers of other operations offices of the Department of Energy.
(C) The head of the Office shall, to the maximum extent possible, coordinate all activities of the Office with the manager of the Richland Operations Office of the Department of Energy.
(c) Department responsibilities
The Secretary shall provide the head of the Office with the resources and personnel necessary to carry out the responsibilities specified in subsection (b)(2).
(d) Notification
The Assistant Secretary of Energy for Environmental Management shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives written notification detailing any changes in the roles, responsibilities, and reporting relationships that involve the Office.
(e) Termination
The Office shall terminate on September 30, 2024. The Office may be extended beyond that date if the Assistant Secretary of Energy for Environmental Management determines in writing that termination would disrupt effective management of the Hanford Tank Farm operations.
(
Editorial Notes
Amendments
2018—Subsec. (e).
2013—Subsec. (b)(2).
2011—Subsec. (b)(2).
Subsec. (d).
Subsecs. (e), (f).
2003—Subsec. (d).
2001—Subsec. (f).
"(1) The Office shall terminate 5 years after the commencement of operations under this section unless the Secretary determines that termination on that date would disrupt effective management of the Hanford Tank Farm operations.
"(2) The Secretary shall notify, in writing, the committees referred to in subsection (d) of a determination under paragraph (1)."
2000—Subsec. (b).
Subsec. (c).
Subsec. (d).
§2623. River Protection Project
The tank waste remediation system environmental project, Richland, Washington, including all programs relating to the retrieval and treatment of tank waste at the site at Hanford, Washington, under the management of the Office of River Protection, shall be known and designated as the "River Protection Project". Any reference to that project in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the River Protection Project.
(
Editorial Notes
Amendments
2003—
§§2624 to 2626. Repealed. Pub. L. 117–263, div. C, title XXXI, §3132(a)(1)(B)(ii), Dec. 23, 2022, 136 Stat. 3060
Section 2624,
Section 2625,
Section 2626,
§2627. Notification regarding air release of radioactive or hazardous material
If the Secretary of Energy (or a designee of the Secretary) is notified of an improper release into the air of radioactive or hazardous material above applicable statutory or regulatory limits that resulted from waste generated by atomic energy defense activities at the Hanford Nuclear Reservation, Richland, Washington, the Secretary (or designee of the Secretary) shall—
(1) not later than two business days after being notified of the release, notify the congressional defense committees of the release; and
(2) not later than seven business days after being notified of the release, provide the congressional defense committees a briefing on the status of the release, including—
(A) the cause of the release, if known; and
(B) preliminary plans to address and remediate the release, including associated costs and timelines.
(
Part D—Savannah River Site, South Carolina
Editorial Notes
Codification
Prior Provisions
A prior part D, consisting of sections 2621 to 2625, was redesignated part C of this subchapter by
§2631. Accelerated schedule for isolating high-level nuclear waste at the Defense Waste Processing Facility, Savannah River Site
The Secretary of Energy shall accelerate the schedule for the isolation of high-level nuclear waste in glass canisters at the Defense Waste Processing Facility at the Savannah River Site, South Carolina, if the Secretary determines that the acceleration of such schedule—
(1) will achieve long-term cost savings to the Federal Government; and
(2) could accelerate the removal and isolation of high-level nuclear waste from long-term storage tanks at the site.
(
§2632. Multi-year plan for clean-up
The Secretary of Energy shall develop and implement a multi-year plan for the clean-up of nuclear waste at the Savannah River Site that results, or has resulted, from the following:
(1) Nuclear weapons activities carried out at the site.
(2) The processing, treating, packaging, and disposal of Department of Energy domestic and foreign spent nuclear fuel rods at the site.
(
Editorial Notes
Amendments
2003—
§2633. Continuation of processing, treatment, and disposal of legacy nuclear materials
The Secretary of Energy shall continue operations and maintain a high state of readiness at the H–canyon facility at the Savannah River Site, Aiken, South Carolina, and shall provide technical staff necessary to operate and so maintain such facility.
(
Editorial Notes
Amendments
2003—
§§2634 to 2637. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(e)(15), Dec. 26, 2013, 127 Stat. 1078
Section 2634,
Section 2635,
Section 2636,
Section 2637,
§2638. Repealed. Pub. L. 117–263, div. C, title XXXI, §3132(a)(1)(B)(iii), Dec. 23, 2022, 136 Stat. 3060
Section,
SUBCHAPTER V—SAFEGUARDS AND SECURITY MATTERS
Part A—Safeguards and Security
§2651. Prohibition on international inspections of Department of Energy facilities unless protection of Restricted Data is certified
(a) Prohibition on inspections
The Secretary of Energy may not allow an inspection of a national security laboratory or nuclear weapons production facility by the International Atomic Energy Agency until the Secretary certifies to Congress that no Restricted Data will be revealed during such inspection.
(b) Omitted
(
Editorial Notes
Codification
Section is comprised of section 4501 of
Subsec. (a) of section 3154 of
Amendments
2014—Subsec. (a).
2013—Subsec. (a).
Subsec. (c).
2003—
§2652. Restrictions on access to national security laboratories by foreign visitors from sensitive countries
(a) Background review required
The Secretary of Energy and the Administrator may not admit to any facility described in paragraph (3) of subsection (c) other than areas accessible to the general public any individual who is a citizen or agent of a covered foreign nation or a nation on the current sensitive countries list unless the Secretary or Administrator first completes a background review with respect to that individual.
(b) Sense of Congress regarding background reviews
It is the sense of Congress that the Secretary of Energy, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence should ensure that background reviews carried out under this section are completed in not more than 15 days.
(c) Prohibition on admittance
(1) In general
With respect to an individual who is a citizen or agent of a covered foreign nation, the Secretary and the Administrator may not, except as provided in paragraph (2), admit such individual to any areas not accessible to the general public within a facility described in paragraph (3).
(2) Waiver
The Secretary, acting through the Administrator, may waive the prohibition under paragraph (1) with respect to an individual who is a citizen or agent of a covered foreign nation if, not later than 30 days prior to admitting such individual to a facility described in such paragraph, the Secretary certifies to Congress that—
(A) the admittance of such individual to the facility is in the national security interests of the United States;
(B) no classified or restricted data will be revealed to such individual in connection with the admittance of such individual to the facility;
(C) the Secretary or Administrator has consulted with the heads of other relevant departments or agencies of the United States Government to mitigate risks associated with the admittance of such individual; and
(D) the background review completed to subsection (a) with respect to such individual did not uncover any previously unreported affiliation with military or intelligence organizations associated with a covered foreign nation.
(3) Facilities described
A facility described in this paragraph is a facility, or any portion thereof, that directly supports the mission, functions, and operations of the Administration (as described in this chapter) and is located on—
(A) a national security laboratory;
(B) a nuclear weapons production facility; or
(C) a site that directly supports the protection, development, sustainment, or disposal of technologies or materials related to the provision of nuclear propulsion for United States naval vessels.
(4) Effective date
The prohibition under paragraph (1) shall take effect on April 15, 2025.
(d) Rule of construction
Nothing in this section shall be construed to limit or otherwise affect the authority of the Secretary or the Administrator to—
(1) admit to a facility described in paragraph (3) of subsection (c)—
(A) a citizen or lawful permanent resident of the United States;
(B) an individual involved in an International Atomic Energy Agency (IAEA) inspection (as defined in the "Agreement between the United States and the IAEA for the Application of Safeguards in the U.S."); or
(C) an individual involved in information exchanges in support of activities of the United States with respect to nonproliferation, counterproliferation, and counterterrorism, in accordance with international treaties or other legally-binding agreements or instruments to which the United States is a party; or
(2) admit any individual to a facility, or any portion thereof, that is not directly associated with or directly funded to perform the mission, functions, and operations of the Administration (as described in this chapter).
(e) Definitions
For purposes of this section:
(1) The term "background review", commonly known as an indices check, means a review of information provided by the Director of National Intelligence and the Director of the Federal Bureau of Investigation regarding personal background, including information relating to any history of criminal activity or to any evidence of espionage.
(2) The term "covered foreign nation" means—
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Democratic People's Republic of Korea; and
(D) the Islamic Republic of Iran.
(3) The term "sensitive countries list" means the list prescribed by the Secretary of Energy known as the Department of Energy List of Sensitive Countries.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (c)(3) and (d)(2), was in the original "this Act", and was translated as meaning div. D of
Codification
Section was formerly classified to
Amendments
2024—Subsec. (a).
Subsecs. (c), (d).
Subsec. (e).
Subsec. (e)(2), (3).
2013—
Subsec. (b).
Subsec. (b)(3).
Subsec. (c).
Subsec. (c)(2).
Subsecs. (d), (e).
Subsec. (f).
Subsec. (g).
Subsec. (g)(1).
Subsec. (g)(3), (4).
2003—Subsec. (b)(2).
Subsec. (b)(2)(A).
Subsec. (d)(1).
Subsec. (g)(3), (4).
Statutory Notes and Related Subsidiaries
Pilot Program on Conduct by Department of Energy of Background Reviews for Access by Certain Individuals to National Security Laboratories
"(a)
"(b)
"(1) the Secretary determines that the admission of that individual to that facility is in the national interest and will further science, technology, and engineering capabilities in support of the mission of the Department of Energy; and
"(2) a security plan is developed and implemented to mitigate the risks associated with the admission of that individual to that facility.
"(c)
"(1)
"(2)
"(d)
"(e)
"(1) a comparison of the effectiveness of and timelines required for background reviews conducted by the Secretary under the pilot program and background reviews conducted by the Director of National Intelligence and the Director of the Federal Bureau of Investigation under section 4502(a) of the Atomic Energy Defense Act (
"(2) the number of such reviews conducted for individuals who are citizens or agents of each country on the sensitive countries list referred to in that section.
"(f)
"(1)
"(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
"(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
"(2)
§2653. Background investigations of certain personnel at Department of Energy facilities
The Secretary of Energy shall ensure that an investigation meeting the requirements of
(1) carries out duties or responsibilities in or around a location where Restricted Data is present; or
(2) has or may have regular access to a location where Restricted Data is present.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—
2003—Subsec. (b).
Subsec. (c).
§2654. Department of Energy counterintelligence polygraph program
(a) New counterintelligence polygraph program required
The Secretary of Energy shall carry out, under regulations prescribed under this section, a new counterintelligence polygraph program for the Department of Energy. The purpose of the new program is to minimize the potential for release or disclosure of classified data, materials, or information.
(b) Authorities and limitations
(1) The Secretary shall prescribe regulations for the new counterintelligence polygraph program required by subsection (a) in accordance with the provisions of subchapter II of
(2) In prescribing regulations for the new program, the Secretary shall take into account the results of the Polygraph Review.
(3) Not later than six months after obtaining the results of the Polygraph Review, the Secretary shall issue a notice of proposed rulemaking for the new program.
(4) In the event of a counterintelligence investigation, the regulations prescribed under paragraph (1) may ensure that the persons subject to the counterintelligence polygraph program required by subsection (a) include any person who is—
(A) a national of the United States (as such term is defined in
(B) an employee or contractor who requires access to classified information.
(c) Omitted
(d) Polygraph Review defined
In this section, the term "Polygraph Review" means the review of the Committee to Review the Scientific Evidence on the Polygraph of the National Academy of Sciences.
(
Editorial Notes
Codification
Section is comprised of section 4504 of
Section was formerly classified to
Amendments
2018—Subsec. (b)(4).
2013—Subsecs. (d), (e).
2003—Subsec. (c).
§2655. Repealed. Pub. L. 107–314, div. D, title XLV, §4504(c), formerly Pub. L. 107–107, div. C, title XXXI, §3152(c), Dec. 28, 2001, 115 Stat. 1377 ; renumbered Pub. L. 107–314, div. D, title XLV, §4504(c), and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(5)(A), Nov. 24, 2003, 117 Stat. 1772
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
§2656. Notice to congressional committees of certain security and counterintelligence failures within atomic energy defense programs
(a) Required notification
The Secretary of Energy shall submit to the Committees on Armed Services of the Senate and House of Representatives a notification of each significant atomic energy defense intelligence loss. Any such notification shall be provided only after consultation with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, as appropriate.
(b) Significant atomic energy defense intelligence losses
In this section, the term "significant atomic energy defense intelligence loss" means any national security or counterintelligence failure or compromise of classified information at a facility of the Department of Energy or operated by a contractor of the Department that the Secretary considers likely to cause significant harm or damage to the national security interests of the United States.
(c) Manner of notification
Notification of a significant atomic energy defense intelligence loss under subsection (a) shall be provided, in accordance with the procedures established pursuant to subsection (d), not later than 30 days after the date on which the Department of Energy determines that the loss has taken place.
(d) Procedures
The Secretary of Energy and the Committees on Armed Services of the Senate and House of Representatives shall each establish such procedures as may be necessary to protect from unauthorized disclosure classified information, information relating to intelligence sources and methods, and sensitive law enforcement information that is submitted to those committees pursuant to this section and that are otherwise necessary to carry out the provisions of this section.
(e) Statutory construction
(1) Nothing in this section shall be construed as authority to withhold any information from the Committees on Armed Services of the Senate and House of Representatives on the grounds that providing the information to those committees would constitute the unauthorized disclosure of classified information, information relating to intelligence sources and methods, or sensitive law enforcement information.
(2) Nothing in this section shall be construed to modify or supersede any other requirement to report information on intelligence activities to Congress, including the requirement under
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2014—Subsec. (b).
Subsec. (e)(2).
2013—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e)(2).
§2657. Annual report and certification on status of security of atomic energy defense facilities
(a) Report and certification on nuclear security enterprise
(1) Not later than September 30 of each even-numbered year, the Administrator shall submit to the Secretary of Energy—
(A) a report detailing the status of security at facilities holding Category I and II quantities of special nuclear material that are administered by the Administration; and
(B) written certification that such facilities are secure and that the security measures at such facilities meet the security standards and requirements of the Administration and the Department of Energy.
(2) If the Administrator is unable to make the certification described in paragraph (1)(B) with respect to a facility, the Administrator shall submit to the Secretary with the matters required by paragraph (1) a corrective action plan for the facility describing—
(A) the deficiency that resulted in the Administrator being unable to make the certification;
(B) the actions to be taken to correct the deficiency; and
(C) timelines for taking such actions.
(3) Not later than December 1 of each even-numbered year, the Secretary shall submit to the congressional defense committees the unaltered report, certification, and any corrective action plans submitted by the Administrator under paragraphs (1) and (2) together with any comments of the Secretary.
(b) Report and certification on atomic energy defense facilities not administered by the Administration
(1) Not later than December 1 of each even-numbered year, the Secretary shall submit to the congressional defense committees—
(A) a report detailing the status of the security of atomic energy defense facilities holding Category I and II quantities of special nuclear material that are not administered by the Administration; and
(B) written certification that such facilities are secure and that the security measures at such facilities meet the security standards and requirements of the Department of Energy.
(2) If the Secretary is unable to make the certification described in paragraph (1)(B) with respect to a facility, the Secretary shall submit to the congressional defense committees, together with the matters required by paragraph (1), a corrective action plan describing—
(A) the deficiency that resulted in the Secretary being unable to make the certification;
(B) the actions to be taken to correct the deficiency; and
(C) timelines for taking such actions.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2017—Subsecs. (a)(1), (3), (b)(1).
2016—Subsec. (b)(1)(B).
2013—
2003—Subsec. (b).
1999—
§2658. Repealed. Pub. L. 113–66, div. C, title XXXI, §3132(a)(1), Dec. 26, 2013, 127 Stat. 1068
Section,
§2659. Repealed. Pub. L. 114–113, div. M, title VII, §701(f), Dec. 18, 2015, 129 Stat. 2930
Section,
§2660. Repealed. Pub. L. 115–91, div. C, title XXXI, §3135(c)(1), Dec. 12, 2017, 131 Stat. 1899
Section,
§2661. Protection of certain nuclear facilities and assets from unmanned aircraft
(a) Authority
Notwithstanding any provision of title 18, the Secretary of Energy may take such actions described in subsection (b)(1) that are necessary to mitigate the threat (as defined by the Secretary of Energy, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset.
(b) Actions described
(1) The actions described in this paragraph are the following:
(A) Detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire, oral, or electronic communication used to control the unmanned aircraft system or unmanned aircraft.
(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means.
(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft.
(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft.
(E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.
(F) Use reasonable force to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.
(2) The Secretary of Energy shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation.
(c) Forfeiture
Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary of Energy is subject to forfeiture to the United States.
(d) Regulations
The Secretary of Energy and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary to carry out this section.
(e) Definitions
In this section:
(1) The term "covered facility or asset" means any facility or asset that is—
(A) identified by the Secretary of Energy for purposes of this section;
(B) located in the United States (including the territories and possessions of the United States); and
(C) owned by the United States or contracted to the United States, to store or use special nuclear material.
(2) The terms "unmanned aircraft" and "unmanned aircraft system" have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (
(
Editorial Notes
References in Text
Section 331 of the FAA Modernization and Reform Act of 2012 (
1 See References in Text note below.
§2662. Reporting on penetrations of networks of contractors and subcontractors
(a) Procedures for reporting penetrations
The Administrator shall establish procedures that require each contractor and subcontractor to report to the Chief Information Officer when a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection (b) is successfully penetrated.
(b) Establishment of criteria for covered networks
(1) In general
The Administrator shall, in consultation with the officials specified in paragraph (2), establish criteria for covered networks to be subject to the procedures for reporting penetrations under subsection (a).
(2) Officials specified
The officials specified in this paragraph are the following officials of the Administration:
(A) The Deputy Administrator for Defense Programs.
(B) The Associate Administrator for Acquisition and Project Management.
(C) The Chief Information Officer.
(D) Any other official of the Administration the Administrator considers necessary.
(c) Procedure requirements
(1) Rapid reporting
(A) In general
The procedures established pursuant to subsection (a) shall require each contractor or subcontractor to submit to the Chief Information Officer a report on each successful penetration of a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection (b) not later than 60 days after the discovery of the successful penetration.
(B) Elements
Subject to subparagraph (C), each report required by subparagraph (A) with respect to a successful penetration of a covered network of a contractor or subcontractor shall include the following:
(i) A description of the technique or method used in such penetration.
(ii) A sample of the malicious software, if discovered and isolated by the contractor or subcontractor, involved in such penetration.
(iii) A summary of information created by or for the Administration in connection with any program of the Administration that has been potentially compromised as a result of such penetration.
(C) Avoidance of delays in reporting
If a contractor or subcontractor is not able to obtain all of the information required by subparagraph (B) to be included in a report required by subparagraph (A) by the date that is 60 days after the discovery of a successful penetration of a covered network of the contractor or subcontractor, the contractor or subcontractor shall—
(i) include in the report all information available as of that date; and
(ii) provide to the Chief Information Officer the additional information required by subparagraph (B) as the information becomes available.
(2) Access to equipment and information by Administration personnel
Concurrent with the establishment of the procedures pursuant to subsection (a), the Administrator shall establish procedures to be used if information owned by the Administration was in use during or at risk as a result of the successful penetration of a covered network—
(A) in order to—
(i) in the case of a penetration of a covered network of a management and operating contractor, enhance the access of personnel of the Administration to Government-owned equipment and information; and
(ii) in the case of a penetration of a covered network of a contractor or subcontractor that is not a management and operating contractor, facilitate the access of personnel of the Administration to the equipment and information of the contractor or subcontractor; and
(B) which shall—
(i) include mechanisms for personnel of the Administration to, upon request, obtain access to equipment or information of a contractor or subcontractor necessary to conduct forensic analysis in addition to any analysis conducted by the contractor or subcontractor;
(ii) provide that a contractor or subcontractor is only required to provide access to equipment or information as described in clause (i) to determine whether information created by or for the Administration in connection with any program of the Administration was successfully exfiltrated from a network of the contractor or subcontractor and, if so, what information was exfiltrated; and
(iii) provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person.
(3) Dissemination of information
The procedures established pursuant to subsection (a) shall allow for limiting the dissemination of information obtained or derived through such procedures so that such information may be disseminated only to entities—
(A) with missions that may be affected by such information;
(B) that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(C) that conduct counterintelligence or law enforcement investigations; or
(D) for national security purposes, including cyber situational awareness and defense purposes.
(d) Definitions
In this section:
(1) Chief Information Officer
The term "Chief Information Officer" means the Associate Administrator for Information Management and Chief Information Officer of the Administration.
(2) Contractor
The term "contractor" means a private entity that has entered into a contract or contractual action of any kind with the Administration to furnish supplies, equipment, materials, or services of any kind.
(3) Covered network
The term "covered network" includes any network or information system that accesses, receives, or stores—
(A) classified information; or
(B) sensitive unclassified information germane to any program of the Administration, as determined by the Administrator.
(4) Subcontractor
The term "subcontractor" means a private entity that has entered into a contract or contractual action with a contractor or another subcontractor to furnish supplies, equipment, materials, or services of any kind in connection with another contract in support of any program of the Administration.
(
Part B—Classified Information
§2671. Review of certain documents before declassification and release
(a) In general
The Secretary of Energy shall ensure that, before a document of the Department of Energy that contains national security information is released or declassified, such document is reviewed to determine whether it contains Restricted Data.
(b) Limitation on declassification
The Secretary may not implement the automatic declassification provisions of Executive Order No. 13526 (
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2014—Subsec. (b).
2013—Subsecs. (a), (b).
Subsec. (c).
§2672. Protection against inadvertent release of Restricted Data and Formerly Restricted Data
(a) Plan for protection against release
The Secretary of Energy and the Archivist of the United States shall, after consultation with the members of the National Security Council and in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, develop a plan to prevent the inadvertent release of records containing Restricted Data or Formerly Restricted Data during the automatic declassification of records under Executive Order No. 13526 (
(b) Plan elements
The plan under subsection (a) shall include the following:
(1) The actions to be taken in order to ensure that records subject to Executive Order No. 13526 are reviewed on a page-by-page basis for Restricted Data and Formerly Restricted Data unless they have been determined to be highly unlikely to contain Restricted Data or Formerly Restricted Data.
(2) The criteria and process by which documents are determined to be highly unlikely to contain Restricted Data or Formerly Restricted Data.
(3) The actions to be taken in order to ensure proper training, supervision, and evaluation of personnel engaged in declassification under that Executive order so that such personnel recognize Restricted Data and Formerly Restricted Data.
(4) The extent to which automated declassification technologies will be used under that Executive order to protect Restricted Data and Formerly Restricted Data from inadvertent release.
(5) Procedures for periodic review and evaluation by the Secretary of Energy, in consultation with the Director of the Information Security Oversight Office of the National Archives and Records Administration, of compliance by Federal agencies with the plan.
(6) Procedures for resolving disagreements among Federal agencies regarding declassification procedures and decisions under the plan.
(7) The funding, personnel, and other resources required to carry out the plan.
(8) A timetable for implementation of the plan.
(c) Limitation on declassification of certain records
(1) Effective on October 17, 1998, and except as provided in paragraph (3), a record referred to in subsection (a) may not be declassified unless the agency having custody of the record reviews the record on a page-by-page basis to ensure that the record does not contain Restricted Data or Formerly Restricted Data.
(2) Any record determined as a result of a review under paragraph (1) to contain Restricted Data or Formerly Restricted Data may not be declassified until the Secretary of Energy, in conjunction with the head of the agency having custody of the record, determines that the document is suitable for declassification.
(3) After the date occurring 60 days after the submission of the plan required by subsection (a) to the committees referred to in paragraphs (1) and (2) of subsection (d), the requirement under paragraph (1) to review a record on a page-by-page basis shall not apply in the case of a record determined, under the actions specified in the plan pursuant to subsection (b)(1), to be a record that is highly unlikely to contain Restricted Data or Formerly Restricted Data.
(d) Submission of plan
The Secretary of Energy shall submit the plan required under subsection (a) to the following:
(1) The Committee on Armed Services of the Senate.
(2) The Committee on Armed Services of the House of Representatives.
(3) The Assistant to the President for National Security Affairs.
(e) Report and notification regarding inadvertent releases
(1) The Secretary of Energy shall submit to the committees and Assistant to the President specified in subsection (d) a report on inadvertent releases of Restricted Data or Formerly Restricted Data under Executive Order No. 12958 that occurred before October 17, 1998.
(2) The Secretary of Energy shall, in each even-numbered year beginning in 2010, submit to the committees and Assistant to the President specified in subsection (d) a report identifying any inadvertent releases of Restricted Data or Formerly Restricted Data under Executive Order No. 13526 discovered in the two-year period preceding the submittal of the report.
(
Editorial Notes
References in Text
Executive Order No. 12958, referred to in subsec. (e)(1), which was formerly set out as a note under section 435 (now section 3161) of this title, was revoked by Ex. Ord. No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.
Codification
Section was formerly set out as a note under
Amendments
2016—Subsecs. (e), (f).
2014—Subsec. (a).
Subsec. (b)(1).
Subsec. (f)(2).
2013—Subsec. (g).
2008—Subsec. (e).
Subsec. (f).
2003—Subsec. (c)(1).
Subsec. (f)(1).
Subsec. (f)(2).
2000—Subsec. (f)(2).
1999—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
§2673. Supplement to plan for declassification of Restricted Data and Formerly Restricted Data
(a) Supplement to plan
The Secretary of Energy and the Archivist of the United States shall, after consultation with the members of the National Security Council and in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, develop a supplement to the plan required under subsection (a) of
(b) Contents of supplement
The supplement shall provide for the application of that plan (including in particular the element of the plan required by subsection (b)(1) of
(c) Limitation on declassification of records
All records referred to in subsection (b) shall be treated, for purposes of subsection (c) of
(d) Submission of supplement
The Secretary of Energy shall submit the supplement required under subsection (a) to the recipients of the plan referred to in subsection (d) of
(
Editorial Notes
References in Text
Executive Order No. 12958, referred to in subsec. (b), which was formerly set out as a note under section 435 (now section 3161) of this title, was revoked by Ex. Ord. No. 13526, §6.2(g), Dec. 29, 2009, 75 F.R. 731.
Codification
Section was formerly set out as a note under
Amendments
2003—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
§2674. Protection of classified information during laboratory-to-laboratory exchanges
(a) Provision of training
The Secretary of Energy shall ensure that all Department of Energy employees and Department of Energy contractor employees participating in laboratory-to-laboratory cooperative exchange activities are fully trained in matters relating to the protection of classified information and to potential espionage and counterintelligence threats.
(b) Countering of espionage and intelligence-gathering abroad
(1) The Secretary shall establish a pool of Department employees and Department contractor employees who are specially trained to counter threats of espionage and intelligence-gathering by foreign nationals against Department employees and Department contractor employees who travel abroad for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.
(2) The Director of Intelligence and Counterintelligence of the Department of Energy may assign at least one employee from the pool established under paragraph (1) to accompany a group of Department employees or Department contractor employees who travel to any nation designated to be a sensitive country for laboratory-to-laboratory exchange activities or other cooperative exchange activities on behalf of the Department.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2019—Subsec. (b)(2).
§2675. Identification in budget materials of amounts for declassification activities and limitation on expenditures for such activities
(a) Amounts for declassification of records
The Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for any fiscal year (as submitted with the budget of the President under
(b) Certification required with respect to automatic declassification of records
No records of the Department of Energy that have not as of October 5, 1999, been reviewed for declassification shall be subject to automatic declassification unless the Secretary of Energy certifies to Congress that such declassification would not harm the national security.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Prior Provisions
A prior section 2691,
Amendments
2014—Subsec. (a).
2013—Subsec. (c).
2003—Subsec. (b).
SUBCHAPTER VI—PERSONNEL MATTERS
Part A—Personnel Management
§2701. Authority for appointment of certain scientific, engineering, and technical personnel
(a) Authority
(1) Notwithstanding any provision of title 5 governing appointments in the competitive service and General Schedule classification and pay rates, the Secretary of Energy may—
(A) establish and set the rates of pay for not more than 200 positions in the Department of Energy for scientific, engineering, and technical personnel whose duties will relate to safety at defense nuclear facilities of the Department; and
(B) appoint persons to such positions.
(2) The rate of pay for a position established under paragraph (1) may not exceed the rate of pay payable for level III of the Executive Schedule under
(3) To the maximum extent practicable, the Secretary shall appoint persons under paragraph (1)(B) to the positions established under paragraph (1)(A) in accordance with the merit system principles set forth in section 2301 of such title.
(b) OPM review
(1) The Secretary shall enter into an agreement with the Director of the Office of Personnel Management under which agreement the Director shall periodically evaluate the use of the authority set forth in subsection (a)(1). The Secretary shall reimburse the Director for evaluations conducted by the Director pursuant to the agreement. Any such reimbursement shall be credited to the revolving fund referred to in
(2) If the Director determines as a result of such evaluation that the Secretary of Energy is not appointing persons to positions under such authority in a manner consistent with the merit system principles set forth in
(3) Upon receipt of a notification under paragraph (2), the Secretary shall—
(A) take appropriate actions to appoint persons to positions under such authority in a manner consistent with such principles or to set rates of pay at levels that are appropriate for the qualifications and experience of the persons appointed and the duties of the positions involved; or
(B) cease appointment of persons under such authority.
(c) Termination
(1) The authority provided under subsection (a)(1) shall terminate on September 30, 2026.
(2) An employee may not be separated from employment with the Department of Energy or receive a reduction in pay by reason of the termination of authority under paragraph (1).
(
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (a)(1), is set out under
Codification
Section was formerly set out as a note under
Amendments
2021—Subsec. (c)(1).
Subsec. (c)(1).
2016—Subsec. (c)(1).
2013—Subsec. (a)(4).
2011—Subsec. (c)(1).
2009—Subsec. (c)(1).
2006—Subsec. (c)(1).
2004—Subsec. (c)(1).
2002—Subsec. (c)(1).
2000—Subsec. (c)(1).
1998—Subsec. (a)(2).
Subsec. (c)(1).
1997—Subsec. (c).
Subsec. (c)(1).
Subsec. (d).
§2702. Whistleblower protection program
(a) Program required
The Secretary of Energy shall establish a program to ensure that covered individuals may not be discharged, demoted, or otherwise discriminated against as a reprisal for making protected disclosures.
(b) Covered individuals
For purposes of this section, a covered individual is an individual who is an employee of the Department of Energy, or of a contractor of the Department, who is engaged in the defense activities of the Department.
(c) Protected disclosures
For purposes of this section, a protected disclosure is a disclosure—
(1) made by a covered individual who takes appropriate steps to protect the security of the information in accordance with guidance provided under this section;
(2) made to a person or entity specified in subsection (d); and
(3) of classified or other information that the covered individual reasonably believes to provide direct and specific evidence of any of the following:
(A) A violation of law or Federal regulation.
(B) Gross mismanagement, a gross waste of funds, or abuse of authority.
(C) A false statement to Congress on an issue of material fact.
(d) Persons and entities to which disclosures may be made
A person or entity specified in this subsection is any of the following:
(1) A member of a committee of Congress having primary responsibility for oversight of the department, agency, or element of the Government to which the disclosed information relates.
(2) An employee of Congress who is a staff member of such a committee and has an appropriate security clearance for access to information of the type disclosed.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.
(5) Any other element of the Government designated by the Secretary as authorized to receive information of the type disclosed.
(e) Official capacity of persons to whom information is disclosed
A member of, or an employee of Congress who is a staff member of, a committee of Congress specified in subsection (d) who receives a protected disclosure under this section does so in that member or employee's official capacity as such a member or employee.
(f) Assistance and guidance
The Secretary, acting through the Inspector General of the Department of Energy, shall provide assistance and guidance to each covered individual who seeks to make a protected disclosure under this section. Such assistance and guidance shall include the following:
(1) Identifying the persons or entities under subsection (d) to which that disclosure may be made.
(2) Advising that individual regarding the steps to be taken to protect the security of the information to be disclosed.
(3) Taking appropriate actions to protect the identity of that individual throughout that disclosure.
(4) Taking appropriate actions to coordinate that disclosure with any other Federal agency or agencies that originated the information.
(g) Regulations
The Secretary shall prescribe regulations to ensure the security of any information disclosed under this section.
(h) Notification to covered individuals
The Secretary shall notify each covered individual of the following:
(1) The rights of that individual under this section.
(2) The assistance and guidance provided under this section.
(3) That the individual has a responsibility to obtain that assistance and guidance before seeking to make a protected disclosure.
(i) Complaint by covered individuals
If a covered individual believes that that individual has been discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure under this section, the individual may submit a complaint relating to such matter to the Director of the Office of Hearings and Appeals of the Department of Energy.
(j) Investigation by Office of Hearings and Appeals
(1) For each complaint submitted under subsection (i), the Director of the Office of Hearings and Appeals shall—
(A) determine whether or not the complaint is frivolous; and
(B) if the Director determines the complaint is not frivolous, conduct an investigation of the complaint.
(2) The Director shall submit a report on each investigation undertaken under paragraph (1)(B) to—
(A) the individual who submitted the complaint on which the investigation is based;
(B) the contractor concerned, if any; and
(C) the Secretary of Energy.
(k) Remedial action
(1) Whenever the Secretary determines that a covered individual has been discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure under this section, the Secretary shall—
(A) in the case of a Department employee, take appropriate actions to abate the action; or
(B) in the case of a contractor employee, order the contractor concerned to take appropriate actions to abate the action.
(2)(A) If a contractor fails to comply with an order issued under paragraph (1)(B), the Secretary may file an action for enforcement of the order in the appropriate United States district court.
(B) In any action brought under subparagraph (A), the court may grant appropriate relief, including injunctive relief and compensatory and exemplary damages.
(l) Relationship to other laws
The protections provided by this section are independent of, and not subject to any limitations that may be provided in, the Whistleblower Protection Act of 1989 (
(m) Annual report
(1) Not later than 30 days after the commencement of each fiscal year, the Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the investigations undertaken under subsection (j)(1)(B) during the preceding fiscal year, including a summary of the results of each such investigation.
(2) A report under paragraph (1) may not identify or otherwise provide any information about an individual submitting a complaint under this section without the consent of the individual.
(
Editorial Notes
References in Text
The Whistleblower Protection Act of 1989, referred to in subsec. (l), is
Codification
Section was formerly classified to
Amendments
2013—Subsec. (l).
Subsec. (n).
2003—Subsec. (n).
§2703. Repealed. Pub. L. 113–66, div. C, title XXXI, §3146(g)(3)(A), Dec. 26, 2013, 127 Stat. 1079
Section,
§2704. Department of Energy defense nuclear facilities workforce restructuring plan
(a) In general
Upon determination that a change in the workforce at a defense nuclear facility is necessary, the Secretary of Energy shall develop a plan for restructuring the workforce for the defense nuclear facility that takes into account—
(1) the reconfiguration of the defense nuclear facility; and
(2) the plan for the nuclear weapons stockpile that is the most recently prepared plan at the time of the development of the plan referred to in this subsection.
(b) Consultation
(1) In developing a plan referred to in subsection (a), the Secretary shall consult with the Secretary of Labor, appropriate representatives of local and national collective-bargaining units of individuals employed at Department of Energy defense nuclear facilities, appropriate representatives of departments and agencies of State and local governments, appropriate representatives of State and local institutions of higher education, and appropriate representatives of community groups in communities affected by the restructuring plan.
(2) The Secretary shall determine appropriate representatives of the units, governments, institutions, and groups referred to in paragraph (1).
(c) Objectives
In preparing the plan required under subsection (a), the Secretary shall be guided by the following objectives:
(1) Changes in the workforce at a Department of Energy defense nuclear facility—
(A) should be accomplished so as to minimize social and economic impacts;
(B) should be made only after the provision of notice of such changes not later than 120 days before the commencement of such changes to such employees and the communities in which such facilities are located; and
(C) should be accomplished, when possible, through the use of retraining, early retirement, attrition, and other options that minimize layoffs.
(2) Employees whose employment in positions at such facilities is terminated shall, to the extent practicable, receive preference in any hiring of the Department of Energy (consistent with applicable employment seniority plans or practices of the Department of Energy and with section 3152 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (
(3) Employees shall, to the extent practicable, be retrained for work in environmental restoration and waste management activities at such facilities or other facilities of the Department of Energy.
(4) The Department of Energy should provide relocation assistance to employees who are transferred to other Department of Energy facilities as a result of the plan.
(5) The Department of Energy should assist terminated employees in obtaining appropriate retraining, education, and reemployment assistance (including employment placement assistance).
(6) The Department of Energy should provide local impact assistance to communities that are affected by the restructuring plan and coordinate the provision of such assistance with—
(A) programs carried out by the Secretary of Labor under title I of the Workforce Innovation and Opportunity Act [
(B) programs carried out pursuant to the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 (division D of
(C) programs carried out by the Department of Commerce pursuant to title II of the Public Works and Economic Development Act of 1965 (
(d) Implementation
The Secretary shall, subject to the availability of appropriations for such purpose, work on an ongoing basis with representatives of the Department of Labor, workforce bargaining units, and States and local communities in carrying out a plan required under subsection (a).
(e) Submittal to Congress
(1) The Secretary shall submit to Congress a plan referred to in subsection (a) with respect to a defense nuclear facility within 90 days after the date on which a notice of changes described in subsection (c)(1)(B) is provided to employees of the facility, or 90 days after the date of the enactment of this Act,1 whichever is later.
(2) In addition to the plans submitted under paragraph (1), the Secretary shall submit to Congress every six months a report setting forth a description of, and the amount or value of, all local impact assistance provided during the preceding six months under subsection (c)(6).
(f) Department of Energy defense nuclear facility defined
In this section, the term "Department of Energy defense nuclear facility" means—
(1) a production facility or utilization facility (as those terms are defined in
(2) a nuclear waste storage or disposal facility that is under the control or jurisdiction of the Secretary;
(3) a testing and assembly facility that is under the control or jurisdiction of the Secretary and that is operated for national security purposes (including the Nevada National Security Site, Nevada, and the Pantex facility, Texas);
(4) an atomic weapons research facility that is under the control or jurisdiction of the Secretary (including Lawrence Livermore, Los Alamos, and Sandia National Laboratories); or
(5) any facility described in paragraphs (1) through (4) that—
(A) is no longer in operation;
(B) was under the control or jurisdiction of the Department of Defense, the Atomic Energy Commission, or the Energy Research and Development Administration; and
(C) was operated for national security purposes.
(
Editorial Notes
References in Text
Section 3152 of the National Defense Authorization Act for Fiscal Years 1990 and 1991, referred to in subsec. (c)(2), is section 3152 of
The Workforce Innovation and Opportunity Act, referred to in subsec. (c)(6)(A), is
The Public Works and Economic Development Act of 1965, referred to in subsec. (c)(6)(C), is
The date of the enactment of this Act, referred to in subsec. (e)(1), meant Oct. 23, 1992, the date of enactment of
Executive Order Number 12344, referred to in subsec. (f)(1), is set out as a note under
Codification
Section was formerly classified to
Amendments
2014—Subsec. (c)(6)(A).
Subsec. (f)(3).
2013—Subsec. (b)(1).
Subsec. (c)(6)(A).
Subsec. (e).
Subsec. (f).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(3).
Subsec. (g).
Subsec. (g)(3).
2003—Subsec. (a).
Subsec. (g).
2001—Subsec. (c)(6)(C).
1998—Subsec. (c)(6)(A).
1994—
Subsec. (a).
Subsec. (c)(1).
Subsec. (c)(6)(B).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(7)(A)] of
Effective Date of 1994 Amendment
1 See References in Text note below.
§2705. Authority to provide certificate of commendation to Department of Energy and contractor employees for exemplary service in stockpile stewardship and security
(a) Authority to present certificate of commendation
The Secretary of Energy may present a certificate of commendation to any current or former employee of the Department of Energy, and any current or former employee of a Department contractor, whose service to the Department in matters relating to stockpile stewardship and security assisted the Department in furthering the national security interests of the United States.
(b) Certificate
The certificate of commendation presented to a current or former employee under subsection (a) shall include an appropriate citation of the service of the current or former employee described in that subsection, including a citation for dedication, intellect, and sacrifice in furthering the national security interests of the United States by maintaining a strong, safe, and viable United States nuclear deterrent during the cold war or thereafter.
(c) Department of Energy defined
For purposes of this section, the term "Department of Energy" includes any predecessor agency of the Department of Energy.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2013—Subsec. (b).
Part B—Education and Training
§2721. Executive management training in Department of Energy
(a) Establishment of training program
The Secretary of Energy shall establish and implement a management training program for personnel of the Department of Energy involved in the management of atomic energy defense activities.
(b) Training provisions
The training program shall at a minimum include instruction in the following areas:
(1) Department of Energy policy and procedures for management and operation of atomic energy defense facilities.
(2) Methods of evaluating technical performance.
(3) Federal and State environmental laws and requirements for compliance with such environmental laws, including timely compliance with reporting requirements in such laws.
(4) The establishment of program milestones and methods to evaluate success in meeting such milestones.
(5) Methods for conducting long-range technical and budget planning.
(6) Procedures for reviewing and applying innovative technology to defense environmental cleanup.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsec. (b)(6).
2003—
§2722. Stockpile stewardship recruitment and training program
(a) Conduct of program
(1) As part of the stockpile stewardship program established pursuant to
(2) The recruitment and training program shall be conducted in coordination with the Chairman of the Joint Nuclear Weapons Council established by
(b) Support of dual-use programs
As part of the recruitment and training program, the directors of the national security laboratories may employ undergraduate students, graduate students, and postdoctoral fellows to carry out research sponsored by such laboratories for military or nonmilitary dual-use programs related to nuclear weapons stockpile stewardship.
(c) Establishment of retiree corps
As part of the training and recruitment program, the Secretary, in coordination with the directors of the national security laboratories, shall establish for the laboratories a retiree corps of retired scientists who have expertise in research and development of nuclear weapons. The directors may employ the retired scientists on a part-time basis to provide appropriate assistance on nuclear weapons issues, to contribute relevant information to be archived, and to help to provide training to other scientists.
(
Editorial Notes
Amendments
2013—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsec. (d).
2003—Subsec. (a)(1).
Subsec. (b)(2).
§2723. Fellowship program for development of skills critical to the nuclear security enterprise
(a) In general
The Secretary of Energy shall conduct a fellowship program for the development of skills critical to the ongoing mission of the nuclear security enterprise. Under the fellowship program, the Secretary shall provide educational assistance and research assistance to eligible individuals to facilitate the development by such individuals of skills critical to maintaining the ongoing mission of the nuclear security enterprise.
(b) Eligible individuals
Individuals eligible for participation in the fellowship program are United States citizens who are either of the following:
(1) Students pursuing graduate degrees in fields of science or engineering that are related to nuclear weapons engineering or to the science and technology base of the Department of Energy.
(2) Individuals engaged in postdoctoral studies in such fields.
(c) Covered facilities
The Secretary shall carry out the fellowship program at or in connection with the national security laboratories and nuclear weapons production facilities.
(d) Administration
The Secretary shall carry out the fellowship program at a facility referred to in subsection (c) through the stockpile manager of the facility.
(e) Allocation of funds
The Secretary shall, in consultation with the Assistant Secretary of Energy for Defense Programs, allocate funds available for the fellowship program under subsection (f) among the facilities referred to in subsection (c). The Secretary shall make the allocation after evaluating an assessment by the weapons program director of each such facility of the personnel and critical skills necessary at the facility for carrying out the ongoing mission of the facility.
(f) Agreement
(1) The Secretary may allow an individual to participate in the program only if the individual signs an agreement described in paragraph (2).
(2) An agreement referred to in paragraph (1) shall be in writing, shall be signed by the participant, and shall include the participant's agreement to serve, after completion of the course of study for which the assistance was provided, as a full-time employee in a position in the nuclear security enterprise for a period of time to be established by the Secretary of Energy of not less than one year, if such a position is offered to the participant.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2013—
Subsec. (a).
Subsec. (b).
Subsec. (c).
"(1) The Kansas City Plant, Kansas City, Missouri.
"(2) The Pantex Plant, Amarillo, Texas.
"(3) The Y–12 Plant, Oak Ridge, Tennessee.
"(4) The Savannah River Site, Aiken, South Carolina.
"(5) The Lawrence Livermore National Laboratory, Livermore, California.
"(6) The Los Alamos National Laboratory, Los Alamos, New Mexico.
"(7) The Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California."
Subsec. (f)(2).
1999—Subsec. (a).
"(2) employ eligible individuals at the facilities described in subsection (c) in order to facilitate the development of such skills by these individuals; or
"(3) provide eligible individuals with the assistance and the employment."
Subsec. (b).
Subsec. (c)(5) to (7).
Subsec. (f).
Part C—Worker Safety
§2731. Worker protection at nuclear weapons facilities
(a) Training grant program
(1) The Secretary of Energy is authorized to award grants to organizations referred to in paragraph (2) in order for such organizations—
(A) to provide training and education to persons who are or may be engaged in hazardous substance response or emergency response at Department of Energy nuclear weapons facilities; and
(B) to develop curricula for such training and education.
(2)(A) Subject to subparagraph (B), the Secretary is authorized to award grants under paragraph (1) to non-profit organizations that have demonstrated (as determined by the Secretary) capabilities in—
(i) implementing and conducting effective training and education programs relating to the general health and safety of workers; and
(ii) identifying, and involving in training, groups of workers whose duties include hazardous substance response or emergency response.
(B) The Secretary shall give preference in the award of grants under this section to employee organizations and joint labor-management training programs that are grant recipients under
(3) An organization awarded a grant under paragraph (1) shall carry out training, education, or curricula development pursuant to Department of Energy orders relating to employee safety training, including orders numbered 5480.4 and 5480.11.
(b) Enforcement of employee safety standards
(1) Subject to paragraph (2), the Secretary shall assess civil penalties against any contractor of the Department of Energy who (as determined by the Secretary)—
(A) employs individuals who are engaged in hazardous substance response or emergency response at Department of Energy nuclear weapons facilities; and
(B) fails (i) to provide for the training of such individuals to carry out such hazardous substance response or emergency response, or (ii) to certify to the Department of Energy that such employees are adequately trained for such response pursuant to orders issued by the Department of Energy relating to employee safety training (including orders numbered 5480.4 and 5480.11).
(2) Civil penalties assessed under this subsection may not exceed $5,000 for each day in which a failure referred to in paragraph (1)(B) occurs.
(c) Regulations
The Secretary shall prescribe regulations to carry out this section.
(d) Definitions
For the purposes of this section, the term "hazardous substance" includes radioactive waste and mixed radioactive and hazardous waste.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsec. (e).
2003—Subsec. (e).
§2732. Safety oversight and enforcement at defense nuclear facilities
The Secretary of Energy shall take appropriate actions to ensure that—
(1) officials of the Department of Energy who are responsible for independent oversight of matters relating to nuclear safety at defense nuclear facilities and enforcement of nuclear safety standards at such facilities maintain independence from officials who are engaged in, or who are advising persons who are engaged in, management of such facilities;
(2) the independent, internal oversight functions carried out by the Department include activities relating to—
(A) the assessment of the safety of defense nuclear facilities;
(B) the assessment of the effectiveness of Department program offices in carrying out programs relating to the environment, safety, health, and security at defense nuclear facilities;
(C) the provision to the Secretary of oversight reports that—
(i) contain validated technical information; and
(ii) provide a clear analysis of the extent to which line programs governing defense nuclear facilities meet applicable goals for the environment, safety, health, and security at such facilities; and
(D) the development of clear performance standards to be used in assessing the adequacy of the programs referred to in subparagraph (C)(ii);
(3) the Department has a system for bringing issues relating to nuclear safety at defense nuclear facilities to the attention of the officials of the Department (including the Secretary of Energy) who have authority to resolve such issues in an adequate and timely manner; and
(4) an adequate number of qualified personnel of the Department are assigned to oversee matters relating to nuclear safety at defense nuclear facilities and enforce nuclear safety standards at such facilities.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—
2003—Subsec. (b).
§2733. Program to monitor Department of Energy workers exposed to hazardous and radioactive substances
(a) In general
The Secretary of Energy shall establish and carry out a program for the identification and on-going medical evaluation of current and former Department of Energy employees who are subject to significant health risks as a result of the exposure of such employees to hazardous or radioactive substances during such employment.
(b) Implementation of program
(1) The Secretary shall, with the concurrence of the Secretary of Health and Human Services, issue regulations under which the Secretary shall implement the program. Such regulations shall, to the extent practicable, provide for a process to—
(A) identify the hazardous substances and radioactive substances to which current and former Department of Energy employees may have been exposed as a result of such employment;
(B) identify employees referred to in subparagraph (A) who received a level of exposure identified under paragraph (2)(B);
(C) determine the appropriate number, scope, and frequency of medical evaluations and laboratory tests to be provided to employees who have received a level of exposure identified under paragraph (2)(B) to permit the Secretary to evaluate fully the extent, nature, and medical consequences of such exposure;
(D) make available the evaluations and tests referred to in subparagraph (C) to the employees referred to in such subparagraph;
(E) ensure that privacy is maintained with respect to medical information that personally identifies any such employee; and
(F) ensure that employee participation in the program is voluntary.
(2)(A) In determining the most appropriate means of carrying out the activities referred to in subparagraphs (A) through (D) of paragraph (1), the Secretary shall consult with the Secretary of Health and Human Services under the agreement referred to in subsection (c).
(B) The Secretary of Health and Human Services, with the assistance of the Director of the Centers for Disease Control and Prevention and the Director of the National Institute for Occupational Safety and Health, and the Secretary of Labor shall identify the levels of exposure to the substances referred to in subparagraph (A) of paragraph (1) that present employees referred to in such subparagraph with significant health risks under Federal and State occupational, health, and safety standards.
(3) In prescribing the guidelines referred to in paragraph (1), the Secretary shall consult with representatives of the following entities:
(A) The American College of Occupational and Environmental Medicine.
(B) The National Academy of Sciences.
(C) The National Council on Radiation Protection and Measurements.
(D) Any labor organization or other collective bargaining agent authorized to act on the behalf of employees of a Department of Energy defense nuclear facility.
(4) The Secretary shall provide for each employee identified under paragraph (1)(B) and provided with any medical examination or test under paragraph (1) to be notified by the appropriate medical personnel of the identification and the results of any such examination or test. Each notification under this paragraph shall be provided in a form that is readily understandable by the employee.
(5) The Secretary shall collect and assemble information relating to the examinations and tests carried out under paragraph (1).
(6) The Secretary shall commence carrying out the program described in this subsection not later than October 23, 1993.
(c) Agreement with Secretary of Health and Human Services
Not later than April 23, 1993, the Secretary shall enter into an agreement with the Secretary of Health and Human Services relating to the establishment and conduct of the program required and regulations issued under this section.
(d) Definitions
In this section:
(1) The term "Department of Energy defense nuclear facility" has the meaning given that term in
(2) The term "Department of Energy employee" means any employee of the Department of Energy employed at a Department of Energy defense nuclear facility, including any employee of a contractor or subcontractor of the Department of Energy employed at such a facility.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsec. (a).
Subsec. (b)(2)(B).
Subsec. (b)(3)(C).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (d)(1).
2003—Subsec. (b)(6).
Subsec. (c).
Subsec. (d).
§2734. Programs for persons who may have been exposed to radiation released from Hanford Nuclear Reservation
(a) Funding
Of the funds authorized to be appropriated to the Department of Energy under title XXXI of the National Defense Authorization Act for Fiscal Year 1991 (
(b) Programs
The programs to be developed by the States may include only the following activities:
(1) Preparing and distributing information on the health effects of radiation to health care professionals, and to persons who may have been exposed to radiation.
(2) Developing and implementing mechanisms for referring persons who may have been exposed to radiation to health care professionals with expertise in the health effects of radiation.
(3) Evaluating and, if feasible, implementing, registration and monitoring of persons who may have been exposed to radiation released from the Hanford Nuclear Reservation.
(c) Plan and reports
(1) The States of Washington, Oregon, and Idaho shall jointly develop a single plan for implementing this section.
(2) Not later than May 5, 1991, such States shall submit to the Secretary of Energy and Congress a copy of the plan developed under paragraph (1).
(3) Not later than May 5, 1992, such States shall submit to the Secretary of Energy and Congress a single report on the implementation of the plan developed under paragraph (1).
(4) In developing and implementing the plan, such States shall consult with persons carrying out current radiation dose and epidemiological research programs (including the Hanford Thyroid Disease Study of the Centers for Disease Control and Prevention and the Hanford Environmental Dose Reconstruction Project of the Department of Energy), and may not cause substantial damage to such research programs.
(d) Prohibition on disclosure of exposure information
(1) Except as provided in paragraph (2), a person may not disclose to the public the following:
(A) Any information obtained through a program that identifies a person who may have been exposed to radiation released from the Hanford Nuclear Reservation.
(B) Any information obtained through a program that identifies a person participating in any of the programs developed under this section.
(C) The name, address, and telephone number of a person requesting information referred to in subsection (b)(1).
(D) The name, address, and telephone number of a person who has been referred to a health care professional under subsection (b)(2).
(E) The name, address, and telephone number of a person who has been registered and monitored pursuant to subsection (b)(3).
(F) Information that identifies the person from whom information referred to in this paragraph was obtained under a program or any other third party involved with, or identified by, any such information so obtained.
(G) Any other personal or medical information that identifies a person or party referred to in subparagraphs (A) through (F).
(H) Such other information or categories of information as the chief officers of the health departments of the States of Washington, Oregon, and Idaho jointly designate as information covered by this subsection.
(2) Information referred to in paragraph (1) may be disclosed to the public if the person identified by the information, or the legal representative of that person, has consented in writing to the disclosure.
(3) The States of Washington, Oregon, and Idaho shall establish uniform procedures for carrying out this subsection, including procedures governing the following:
(A) The disclosure of information under paragraph (2).
(B) The use of the Hanford Health Information Network database.
(C) The future disposition of the database.
(D) Enforcement of the prohibition provided in paragraph (1) on the disclosure of information described in that paragraph.
(
Editorial Notes
References in Text
Title XXXI of the National Defense Authorization Act for Fiscal Year 1991, referred to in subsec. (a), is title XXXI of div. C of
Amendments
2013—Subsec. (c)(2), (3).
Subsec. (c)(4).
2003—
Subsec. (a).
Subsec. (c)(2).
Subsec. (c)(3).
1994—Subsec. (d).
§2735. Use of probabilistic risk assessment to ensure nuclear safety of facilities of the Administration and the Office of Environmental Management
(a) Nuclear safety at NNSA and DOE facilities
The Administrator and the Secretary of Energy shall ensure that the methods for assessing, certifying, and overseeing nuclear safety at the facilities specified in subsection (c) use national and international standards and nuclear industry best practices, including probabilistic or quantitative risk assessment if sufficient data exist.
(b) Adequate protection
The use of probabilistic or quantitative risk assessment under subsection (a) shall be to support, rather than replace, the requirement under
(c) Facilities specified
Subsection (a) shall apply—
(1) to the Administrator with respect to the national security laboratories and the nuclear weapons production facilities; and
(2) to the Secretary of Energy with respect to defense nuclear facilities of the Office of Environmental Management of the Department of Energy.
(
§2736. Notification of nuclear criticality and non-nuclear incidents
(a) Notification
The Secretary of Energy or the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of a nuclear criticality incident resulting from a covered program that results in an injury or fatality or results in the shutdown, or partial shutdown, of a covered facility by not later than 15 days after the date of such incident.
(b) Elements of notification
Each notification submitted under subsection (a) shall include the following:
(1) A description of the incident, including the cause of the incident.
(2) In the case of a criticality incident, whether the incident caused a facility, or part of a facility, to be shut down.
(3) The effect, if any, on the mission of the Administration or the Office of Environmental Management of the Department of Energy.
(4) Any corrective action taken in response to the incident.
(c) Database
(1) The Secretary shall maintain a record of incidents described in paragraph (2).
(2) An incident described in this paragraph is any of the following incidents resulting from a covered program:
(A) A nuclear criticality incident that results in an injury or fatality or results in the shutdown, or partial shutdown, of a covered facility.
(B) A non-nuclear incident that results in serious bodily injury or fatality at a covered facility.
(d) Cooperation
In carrying out this section, the Secretary and the Administrator shall ensure that each management and operating contractor of a covered facility cooperates in a timely manner.
(e) Definitions
In this section:
(1) The term "appropriate congressional committees" means—
(A) the congressional defense committees; and
(B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(2) The term "covered facility" means—
(A) a facility of the nuclear security enterprise; and
(B) a facility conducting activities for the defense environmental cleanup program of the Office of Environmental Management of the Department of Energy.
(3) The term "covered program" means—
(A) programs of the Administration; and
(B) defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy.
(
Editorial Notes
Amendments
2013—Subsec. (a).
SUBCHAPTER VII—BUDGET AND FINANCIAL MANAGEMENT MATTERS
Part A—Recurring National Security Authorization Provisions
§2741. Definitions
In this part:
(1) The term "DOE national security authorization" means an authorization of appropriations for activities of the Department of Energy in carrying out programs necessary for national security.
(2)(A) Except as provided by subparagraph (B), the term "minor construction threshold" means $30,000,000.
(B) The Administrator may calculate the amount specified in subparagraph (A) based on fiscal year 2022 constant dollars if the Administrator—
(i) submits to the congressional defense committees a report on the method used by the Administrator to calculate the adjustment;
(ii) a period of 30 days elapses following the date of such submission; and
(iii) publishes the adjusted amount in the Federal Register.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2023—Par. (2)(A).
Par. (2)(B).
Par. (2)(C).
"(i) $30,000,000; or
"(ii) if the Administrator calculated a different amount pursuant to subparagraph (B), the last such calculated amount as published in the Federal Register under clause (iii) of such subparagraph."
2022—Par. (2).
2021—Par. (2).
2017—Par. (2).
2013—Pars. (2), (3).
2011—Par. (3).
2009—Par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
§2742. Reprogramming
(a) In general
Except as provided in subsection (b) and in
(1) in amounts that exceed, in a fiscal year—
(A) 115 percent of the amount authorized for that program by that authorization for that fiscal year; or
(B) $5,000,000 more than the amount authorized for that program by that authorization for that fiscal year; or
(2) which has not been presented to, or requested of, Congress.
(b) Exception where notice-and-wait given
An action described in subsection (a) may be taken if—
(1) the Secretary submits to the congressional defense committees a report referred to in subsection (c) with respect to such action; and
(2) a period of 30 days has elapsed after the date on which such committees receive the report.
(c) Report
The report referred to in this subsection is a report containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of the proposed action.
(d) Computation of days
In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.
(e) Limitations
(1) Total amount obligated
In no event may the total amount of funds obligated pursuant to a DOE national security authorization for a fiscal year exceed the total amount authorized to be appropriated by that authorization for that fiscal year.
(2) Prohibited items
Funds appropriated pursuant to a DOE national security authorization may not be used for an item for which Congress has specifically denied funds.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsec. (c).
2003—Subsec. (a).
§2743. Minor construction projects
(a) Authority
Using operation and maintenance funds or facilities and infrastructure funds authorized by a DOE national security authorization, the Secretary of Energy may carry out minor construction projects.
(b) Annual report
The Secretary shall submit to the congressional defense committees on an annual basis a report on each exercise of the authority in subsection (a) during the preceding fiscal year. Each report shall provide a brief description of each minor construction project covered by the report. The report shall include with respect to each project the following:
(1) The estimated original total project cost and the estimated original date of completion.
(2) The percentage of the project that is complete.
(3) The current estimated total project cost and estimated date of completion.
(c) Cost variation reports to congressional committees
If, at any time during the construction of any minor construction project authorized by a DOE national security authorization, the estimated cost of the project is revised and the revised cost of the project exceeds the minor construction threshold, the Secretary shall immediately submit to the congressional defense committees a report explaining the reasons for the cost variation.
(d) Notification required for certain projects
Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until—
(1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and
(2) a period of 15 days has elapsed after the date on which such notification is received.
(e) Minor construction project defined
In this section, the term "minor construction project" means any plant project not specifically authorized by law for which the approved total estimated cost does not exceed the minor construction threshold.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2022—Subsec. (b).
2021—Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Notification
§2743a. General plant projects
Plant or construction projects for which amounts are made available under this and subsequent appropriation Acts with a current estimated cost of less than $10,000,000 are considered for purposes of
(
Editorial Notes
References in Text
This Act, referred to in text, is div. B of
Codification
Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Atomic Energy Defense Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Similar Provisions
Provisions similar to those in this section were contained in the following appropriation act:
§2744. Limits on construction projects
(a) Construction cost ceiling
Except as provided in subsection (b), construction on a construction project which is in support of national security programs of the Department of Energy and was authorized by a DOE national security authorization may not be started, and additional obligations in connection with the project above the total estimated cost may not be incurred, whenever the current estimated cost of the construction project exceeds by more than 25 percent the higher of—
(1) the amount authorized for the project; or
(2) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress.
(b) Exception where notice-and-wait given
An action described in subsection (a) may be taken if—
(1) the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the circumstances making such action necessary; and
(2) a period of 30 days has elapsed after the date on which the report is received by the committees.
(c) Computation of days
In the computation of the 30-day period under subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.
(d) Exception for minor projects
Subsection (a) does not apply to a construction project with a current estimated cost of less than the minor construction threshold.
(
Editorial Notes
Codification
Section was formerly classified to
§2745. Fund transfer authority
(a) Transfer to other Federal agencies
The Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to a DOE national security authorization to other Federal agencies for the performance of work for which the funds were authorized. Funds so transferred may be merged with and be available for the same purposes and for the same time period as the authorizations of the Federal agency to which the amounts are transferred.
(b) Transfer within Department of Energy
(1) Transfers permitted
Subject to paragraph (2), the Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to a DOE national security authorization to any other DOE national security authorization. Amounts of authorizations so transferred may be merged with and be available for the same purposes and for the same period as the authorization to which the amounts are transferred.
(2) Maximum amounts
Not more than 5 percent of any such authorization may be transferred to another authorization under paragraph (1). No such authorization may be increased or decreased by more than 5 percent by a transfer under such paragraph.
(c) Limitations
The authority provided by this subsection to transfer authorizations—
(1) may be used only to provide funds for items relating to activities necessary for national security programs that have a higher priority than the items from which the funds are transferred; and
(2) may not be used to provide funds for an item for which Congress has specifically denied funds.
(d) Notice to Congress
The Secretary of Energy shall promptly notify the congressional defense committees of any transfer of funds to or from any DOE national security authorization.
(
Editorial Notes
Codification
Section was formerly classified to
§2746. Conceptual and construction design
(a) Conceptual design
(1) Requirement
Subject to paragraph (2) and except as provided in paragraph (3), before submitting to Congress a request for funds for a construction project that is in support of a national security program of the Department of Energy, the Secretary of Energy shall complete a conceptual design for that project.
(2) Requests for conceptual design funds
If the estimated cost of completing a conceptual design for a construction project exceeds $5,000,000, the Secretary shall submit to Congress a request for funds for the conceptual design before submitting a request for funds for the construction project.
(3) Exceptions
The requirement in paragraph (1) does not apply to a request for funds—
(A) for a construction project the total estimated cost of which is less than the minor construction threshold; or
(B) for emergency planning, design, and construction activities under
(b) Construction design
(1) Authority
Within the amounts authorized by a DOE national security authorization, the Secretary may carry out construction design (including architectural and engineering services) in connection with any proposed construction project if the total estimated cost for such design does not exceed $5,000,000.
(2) Limitation on availability of funds for certain projects
If the total estimated cost for construction design in connection with any construction project exceeds $5,000,000, funds for that design must be specifically authorized by law.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2021—Subsec. (b).
2016—Subsec. (a)(2).
Subsec. (b).
2013—Subsec. (b).
2003—Subsec. (a)(3)(B).
§2747. Authority for emergency planning, design, and construction activities
(a) Authority
The Secretary of Energy may use any funds available to the Department of Energy pursuant to a DOE national security authorization, including funds authorized to be appropriated for advance planning, engineering, and construction design, and for plant projects, to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property.
(b) Limitation
The Secretary may not exercise the authority under subsection (a) in the case of a construction project until the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this section and the circumstances making those activities necessary.
(c) Specific authority
The requirement of
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2003—Subsec. (c).
§2748. Scope of authority to carry out plant projects
In carrying out programs necessary for national security, the authority of the Secretary of Energy to carry out plant projects includes authority for maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto.
(
Editorial Notes
Codification
Section was formerly classified to
§2749. Availability of funds
(a) In general
Except as provided in subsection (b), amounts appropriated pursuant to a DOE national security authorization for operation and maintenance or for plant projects may, when so specified in an appropriations Act, remain available until expended.
(b) Exception for program direction funds
Amounts appropriated for program direction pursuant to a DOE national security authorization for a fiscal year shall remain available to be obligated only until the end of that fiscal year.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2014—Subsec. (b).
§2750. Transfer of defense environmental cleanup funds
(a) Transfer authority for defense environmental cleanup funds
The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer defense environmental cleanup funds from a program or project under the jurisdiction of that office to another such program or project.
(b) Limitations
(1) Number of transfers
Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.
(2) Amounts transferred
The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.
(3) Determination required
A transfer may not be carried out by a manager of a field office under subsection (a) unless the manager determines that the transfer is necessary—
(A) to address a risk to health, safety, or the environment; or
(B) to assure the most efficient use of defense environmental cleanup funds at the field office.
(4) Impermissible uses
Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress.
(c) Exemption from reprogramming requirements
The requirements of
(d) Notification
The Secretary, acting through the Assistant Secretary of Energy for Environmental Management, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs.
(e) Definitions
In this section:
(1) The term "program or project" means, with respect to a field office of the Department of Energy, a program or project that is for defense environmental cleanup activities necessary for national security programs of the Department, that is being carried out by that office, and for which defense environmental cleanup funds have been authorized and appropriated.
(2) The term "defense environmental cleanup funds" means funds appropriated to the Department of Energy pursuant to an authorization for carrying out defense environmental cleanup activities necessary for national security programs.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2014—Subsec. (b)(3)(B).
2013—
Subsec. (a).
Subsec. (e)(1).
Subsec. (e)(2).
2003—Subsec. (c).
§2751. Transfer of weapons activities funds
(a) Transfer authority for weapons activities funds
The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer weapons activities funds from a program or project under the jurisdiction of that office to another such program or project.
(b) Limitations
(1) Number of transfers
Not more than one transfer may be made to or from any program or project under subsection (a) in a fiscal year.
(2) Amounts transferred
The amount transferred to or from a program or project in any one transfer under subsection (a) may not exceed $5,000,000.
(3) Determination required
A transfer may not be carried out by a manager of a field office under subsection (a) unless the manager determines that the transfer—
(A) is necessary to address a risk to health, safety, or the environment; or
(B) will result in cost savings and efficiencies.
(4) Limitation
A transfer may not be carried out by a manager of a field office under subsection (a) to cover a cost overrun or scheduling delay for any program or project.
(5) Impermissible uses
Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress.
(c) Exemption from reprogramming requirements
The requirements of
(d) Notification
The Secretary, acting through the Administrator, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs.
(e) Definitions
In this section:
(1) The term "program or project" means, with respect to a field office of the Department of Energy, a program or project that is for weapons activities necessary for national security programs of the Department, that is being carried out by that office, and for which weapons activities funds have been authorized and appropriated.
(2) The term "weapons activities funds" means funds appropriated to the Department of Energy pursuant to an authorization for carrying out weapons activities necessary for national security programs.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsec. (d).
2003—Subsec. (c).
§2752. Funds available for all national security programs of the Department of Energy
Subject to the provisions of appropriation Acts and
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2003—
§2753. Notification of cost overruns for certain Department of Energy projects
(a) Establishment of cost and schedule baselines
(1) Stockpile life extension and new nuclear weapon program projects
(A) In general
The Administrator shall establish a cost and schedule baseline for each nuclear stockpile life extension or new nuclear weapon program project of the Administration. In addition to the requirement under subparagraph (B), the cost and schedule baseline of a nuclear stockpile life extension or new nuclear weapon program project established under this subparagraph shall be the cost and schedule as described in the first Selected Acquisition Report submitted under
(B) Per unit cost
The cost baseline developed under subparagraph (A) shall include, with respect to each life extension project,1 an estimated cost for each warhead in the project.
(C) Notification to congressional defense committees
Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Administrator shall submit the cost and schedule baseline to the congressional defense committees.
(2) Major alteration projects
(A) In general
The Administrator shall establish a cost and schedule baseline for each major alteration project.
(B) Per unit cost
The cost baseline developed under subparagraph (A) shall include, with respect to each major alteration project, an estimated cost for each warhead in the project.
(C) Notification to congressional defense committees
Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Administrator shall submit the cost and schedule baseline to the congressional defense committees.
(D) Major alteration project defined
In this paragraph, the term "major alteration project" means a nuclear weapon system alteration project of the Administration the cost of which exceeds $800,000,000.
(3) Defense-funded construction projects
(A) In general
The Secretary of Energy shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each construction project that is—
(i) in excess of $65,000,000; and
(ii) carried out by the Department using funds authorized to be appropriated for a fiscal year pursuant to a DOE national security authorization.
(B) Notification to congressional defense committees
Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees.
(4) Defense environmental cleanup projects
(A) In general
The Secretary shall establish a cost and schedule baseline under the project management protocols of the Department of Energy for each defense environmental cleanup project that is—
(i) in excess of $65,000,000; and
(ii) carried out by the Department pursuant to such protocols.
(B) Notification to congressional defense committees
Not later than 30 days after establishing a cost and schedule baseline under subparagraph (A), the Secretary shall submit the cost and schedule baseline to the congressional defense committees.
(b) Notification of costs exceeding baseline
The Administrator or the Secretary, as applicable, shall notify the congressional defense committees not later than 30 days after determining that—
(1) the total cost for a project referred to in paragraph (1), (2), (3), or (4) of subsection (a) will exceed an amount that is equal to 125 percent of the cost baseline established under subsection (a) for that project; and
(2) in the case of a stockpile life extension or new nuclear weapon program project referred to in subsection (a)(1) or a major alteration project referred to in subsection (a)(2), the cost for any warhead in the project will exceed an amount that is equal to 150 percent of the cost baseline established under subsection (a)(1)(B) or (a)(2)(B), as applicable, for each warhead in that project.
(c) Notification of determination with respect to termination or continuation of projects and root cause analyses
Not later than 90 days after submitting a notification under subsection (b) with respect to a project, the Administrator or the Secretary, as applicable, shall—
(1) notify the congressional defense committees with respect to whether the project will be terminated or continued;
(2) if the project will be continued, certify to the congressional defense committees that—
(A) a revised cost and schedule baseline has been established for the project and, in the case of a stockpile life extension or new nuclear weapon program project referred to in subparagraph (A) or (B) of subsection (a)(1) or a major alteration project referred to in subsection (a)(2), a revised estimate of the cost for each warhead in the project has been made;
(B) the continuation of the project is necessary to the mission of the Department of Energy and there is no alternative to the project that would meet the requirements of that mission; and
(C) a management structure is in place adequate to manage and control the cost and schedule of the project; and
(3) submit to the congressional defense committees an assessment of the root cause or causes of the growth in the total cost of the project, including the contribution of any shortcomings in cost, schedule, or performance of the program, including the role, if any, of—
(A) unrealistic performance expectations;
(B) unrealistic baseline estimates for cost or schedule;
(C) immature technologies or excessive manufacturing or integration risk;
(D) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance;
(E) changes in procurement quantities;
(F) inadequate program funding or funding instability;
(G) poor performance by personnel of the Federal Government or contractor personnel responsible for program management; or
(H) any other matters.
(d) Applicability of requirements to revised cost and schedule baselines
A revised cost and schedule baseline established under subsection (c) shall—
(1) be submitted to the congressional defense committees with the certification submitted under subsection (c)(2); and
(2) be subject to the notification requirements of subsections (b) and (c) in the same manner and to the same extent as a cost and schedule baseline established under subsection (a).
(
Editorial Notes
Codification
Amendment by section 3111(c)(7)(B) of
Amendments
2024—
Subsec. (a)(1).
2022—Subsec. (a)(2)(D).
Subsec. (a)(3)(A)(i), (4)(A)(i).
2015—Subsec. (a)(2) to (4).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (c)(2)(A).
Subsec. (c)(3).
2014—Subsec. (a)(1)(A).
Subsec. (b)(2).
2013—Subsec. (a)(1)(A).
Subsec. (a)(3).
Subsec. (a)(3)(A).
1 See Codification note below.
§2754. Life-cycle cost estimates of certain atomic energy defense capital assets
(a) In general
The Secretary of Energy shall ensure that an independent life-cycle cost estimate under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, of each capital asset described in subsection (b) is conducted before the asset achieves critical decision 2 in the acquisition process.
(b) Capital assets described
A capital asset described in this subsection is an atomic energy defense capital asset—
(1) the total project cost of which exceeds $100,000,000; and
(2) the purpose of which is to perform a limited-life, single-purpose mission.
(c) Independent defined
For purposes of subsection (a), the term "independent", with respect to a life-cycle cost estimate of a capital asset, means that the life-cycle cost estimate is prepared by an organization independent of the project sponsor, using the same detailed technical and procurement information as the sponsor, to determine if the life-cycle cost estimate of the sponsor is accurate and reasonable.
(
Editorial Notes
Amendments
2019—Subsec. (a).
Statutory Notes and Related Subsidiaries
Use of Best Practices for Capital Asset Projects and Nuclear Weapon Life Extension Programs
"(a)
"(b)
"(c)
"(1) the capital asset project management order of the Department of Energy to require the use of best practices for preparing cost estimates and for conducting analyses of alternatives for National Nuclear Security Administration and defense environmental management capital asset projects; and
"(2) the nuclear weapon life extension program procedures of the Department to require the use of use of [sic] best practices for preparing cost estimates and conducting analyses of alternatives for National Nuclear Security Administration life extension programs."
§2755. Matters relating to critical decisions
(a) Post-critical decision 2 changes
After the date on which a plant project specifically authorized by law and carried out under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, achieves critical decision 2, the Administrator may not change the requirements for such project if such change increases the cost of such project by more than the lesser of $5,000,000 or 15 percent, unless—
(1) the Administrator submits to the congressional defense committees—
(A) a certification that the Administrator, without delegation, authorizes such proposed change; and
(B) a cost-benefit and risk analysis of such proposed change, including with respect to—
(i) the effects of such proposed change on the project cost and schedule; and
(ii) any mission risks and operational risks from making such change or not making such change; and
(2) a period of 15 days elapses following the date of such submission.
(b) Review and approval
The Administrator shall ensure that critical decision packages are timely reviewed and either approved or disapproved.
(
§2756. Unfunded priorities of the Administration
(a) Annual report or certification
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to
(1) a report on the unfunded priorities of the Administration; or
(2) if the Administrator determines that there are no unfunded priorities to include in such a report, a certification and explanation by the Administrator, without delegation, of the determination.
(b) Elements
(1) In general
Each report under subsection (a)(1) shall specify, for each unfunded priority covered by the report, the following:
(A) A summary description of that priority, including the objectives to be achieved or the risk to be mitigated if that priority is funded (whether in whole or in part).
(B) The additional amount of funds recommended in connection with the objectives or risk mitigation under subparagraph (A).
(C) Account information with respect to that priority.
(2) Prioritization of priorities
Each report under subsection (a)(1) shall present the unfunded priorities covered by the report in order of urgency of priority.
(c) Unfunded priority defined
In this section, the term "unfunded priority", in the case of a fiscal year, means a program, activity, or mission requirement that—
(1) is not funded in the budget of the President for that fiscal year as submitted to Congress pursuant to
(2) is necessary to address a requirement associated with the mission of the Administration; and
(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—
(A) if additional resources were available for the budget to fund the program, activity, or mission requirement; or
(B) in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.
(
Editorial Notes
Amendments
2023—Subsec. (b)(1)(A).
Subsec. (b)(1)(B).
Subsec. (c)(2).
2019—
Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
2018—Subsecs. (c), (d).
§2757. Review of adequacy of nuclear weapons budget
(a) Review of adequacy of Administration budget by Nuclear Weapons Council
(1) Transmission to Council
The Secretary of Energy shall transmit to the Nuclear Weapons Council (in this section referred to as the "Council") a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under
(2) Review
The Council shall review each budget request transmitted to the Council under paragraph (1) in accordance with
(3) Department of Energy response
(A) In general
If the Council submits to the Secretary of Energy a written description under
(i) the funding levels and initiatives identified in that description; and
(ii) any additional comments the Secretary considers appropriate.
(B) Transmission to Congress
The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under
(b) Review and certification of Department of Energy budget by Nuclear Weapons Council
At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President, the Secretary shall transmit a copy of the budget request of the Department to the Council.
(
Editorial Notes
Codification
Amendments
2022—Subsec. (a)(2).
Subsec. (a)(3)(A).
Subsec. (a)(3)(A)(i).
Subsec. (b).
§2758. Improvements to cost estimates informing analyses of alternatives
(a) Requirement for analyses of alternatives
The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order.
(b) Use of project engineering and design funds
In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if—
(1) the Administrator—
(A) determines that such use of funds would improve the quality of the cost estimate for the project; and
(B) notifies the congressional defense committees of that determination; and
(2) a period of 15 days has elapsed after the date on which such committees receive the notification.
(
Part B—Penalties
§2761. Restriction on use of funds to pay penalties under environmental laws
(a) Restriction
Funds appropriated to the Department of Energy for the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy may not be used to pay a penalty, fine, or forfeiture in regard to a defense activity or facility of the Department of Energy due to a failure to comply with any environmental requirement.
(b) Exception
Subsection (a) shall not apply with respect to an environmental requirement if—
(1) the President fails to request funds for compliance with the environmental requirement; or
(2) Congress has appropriated funds for such purpose (and such funds have not been sequestered, deferred, or rescinded) and the Secretary of Energy fails to use the funds for such purpose.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsec. (b)(2).
2003—
§2762. Restriction on use of funds to pay penalties under Clean Air Act
None of the funds authorized to be appropriated by the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (
(1) the Secretary finds that compliance is physically impossible within the time prescribed for compliance; or
(2) the President has specifically requested appropriations for compliance and Congress has failed to appropriate funds for such purpose.
(
Editorial Notes
References in Text
The Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981, referred to in text, is
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360,
Codification
Section was formerly classified to
Prior Provisions
Provisions similar to those in this section were contained in the following appropriations act:
Amendments
2014—
2013—
2003—
Part C—Other Matters
§2771. Repealed. Pub. L. 112–239, div. C, title XXXI, §3131(u)(1), Jan. 2, 2013, 126 Stat. 2184
Section,
§2772. Reports on financial balances for atomic energy defense activities
(a) Reports required
(1) In general
Concurrent with the submission of the budget justification materials submitted to Congress in support of the budget of the President for a fiscal year (submitted to Congress pursuant to
(2) Presentation of information
In each report required by paragraph (1), the Secretary shall—
(A) present information on the financial balances for each atomic energy defense program at the budget control levels used in the report accompanying the most current Act appropriating funds for energy and water development; and
(B) present financial balances in connection with funding under recurring DOE national security authorizations (as defined in
(b) Elements
(1) Format
Each report required by subsection (a) shall—
(A) be divided into two parts, as specified in paragraphs (2) and (3); and
(B) set forth the information required by those paragraphs in summary form and by fiscal year.
(2) Part 1
The first part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information, as of the end of the most recently completed fiscal year:
(A) The balance of any unobligated funds and an explanation for why those funds are unobligated.
(B) The total funds available to cost.
(C) The total balance of costed funds.
(D) The total balance of uncosted funds.
(E) The threshold for the balance of uncosted funds, stated in dollars.
(F) The amount of any balance of uncosted funds that is over or under that threshold and, in the case of a balance over that threshold, an explanation for why the balance is over that threshold.
(G) The total balance of encumbered, uncosted funds.
(H) The total balance of unencumbered, uncosted funds.
(I) The amount of any balance of unencumbered, uncosted funds that is over or under the threshold described in subparagraph (E) and, in the case of a balance over that threshold, an explanation for why the balance is over that threshold.
(3) Part 2
The second part of the report required by subsection (a) shall set forth, for each atomic energy defense program, the following information:
(A) The balance of any unobligated funds, as of the end of the first quarter of the current fiscal year.
(B) The total balance of uncosted funds, as of the end of the first quarter of the current fiscal year.
(C) Unalloted budget authority.
(c) Definitions
In this section:
(1) Costed
The term "costed", with respect to funds, means the funds have been obligated to a contract and goods or services have been received from the contractor in exchange for the funds.
(2) Encumbered
The term "encumbered", with respect to funds, means the funds have been obligated to a contract and are being held for a specific known purpose by the contractor.
(3) Uncosted
The term "uncosted", with respect to funds, means the funds have been obligated to a contract and goods or services have not been received from the contractor in exchange for the funds.
(4) Unencumbered
The term "unencumbered", with respect to funds, means the funds have been obligated to a contract and are not being held for a specific known purpose by the contractor.
(5) Threshold
The term "threshold" means a benchmark over which a balance carried over at the end of a fiscal year should be given greater scrutiny by Congress.
(6) Total funds available to cost
The term "total funds available to cost" means the sum of—
(A) total uncosted obligations from prior fiscal years;
(B) current fiscal year obligations; and
(C) current fiscal year deobligations.
(
Editorial Notes
Amendments
2021—
Subsec. (b)(2)(G).
Subsec. (b)(2)(H), (I).
Subsec. (c).
§2773. Independent acquisition project reviews of capital assets acquisition projects
(a) Reviews
The appropriate head shall ensure that an independent entity conducts reviews of each capital assets acquisition project as the project moves toward the approval of each of critical decision 0, critical decision 1, and critical decision 2 in the acquisition process.
(b) Pre-critical decision 1 reviews
In addition to any other matters, with respect to each review of a capital assets acquisition project under subsection (a) that has not reached critical decision 1 approval in the acquisition process, such review shall include—
(1) a review using best practices of the analysis of alternatives for the project; and
(2) identification of any deficiencies in such analysis of alternatives for the appropriate head to address.
(c) Independent entities
The appropriate head shall ensure that each review of a capital assets acquisition project under subsection (a) is conducted by an independent entity with the appropriate expertise with respect to the project and the stage in the acquisition process of the project.
(d) Definitions
In this section:
(1) The term "acquisition process" means the acquisition process for a project, as defined in Department of Energy Order 413.3B (relating to project management and project management for the acquisition of capital assets), or a successor order.
(2) The term "appropriate head" means—
(A) the Administrator, with respect to capital assets acquisition projects of the Administration; and
(B) the Assistant Secretary of Energy for Environmental Management, with respect to capital assets acquisition projects of the Office of Environmental Management.
(3) The term "capital assets acquisition project" means a project—
(A) the total project cost of which is more than $500,000,000; and
(B) that is covered by Department of Energy Order 413.3B, or a successor order, for the acquisition of capital assets for atomic energy defense activities.
(
Editorial Notes
Amendments
2019—Subsec. (d)(3)(B).
SUBCHAPTER VIII—ADMINISTRATIVE MATTERS
Part A—Contracts
§2781. Costs not allowed under covered contracts
(a) In general
The following costs are not allowable under a covered contract:
(1) Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities).
(2) Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress or a State legislature.
(3) Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of false certification).
(4) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable regulations of the Secretary of Energy.
(5) Costs of membership in any social, dining, or country club or organization.
(6) Costs of alcoholic beverages.
(7) Contributions or donations, regardless of the recipient.
(8) Costs of advertising designed to promote the contractor or its products.
(9) Costs of promotional items and memorabilia, including models, gifts, and souvenirs.
(10) Costs for travel by commercial aircraft or by travel by other than common carrier that is not necessary for the performance of the contract and the cost of which exceeds the amount of the standard commercial fare.
(b) Regulations; costs of information provided to Congress or State legislatures and related costs
(1) Not later than 150 days after November 8, 1985, the Secretary of Energy shall prescribe regulations to implement this section. Such regulations may establish appropriate definitions, exclusions, limitations, and qualifications. Such regulations shall be published in accordance with
(2) In any regulations implementing subsection (a)(2), the Secretary may not treat as not allowable (by reason of such subsection) the following costs of a contractor:
(A) Costs of providing to Congress or a State legislature, in response to a request from Congress or a State legislature, information of a factual, technical, or scientific nature, or advice of experts, with respect to topics directly related to the performance of the contract.
(B) Costs for transportation, lodging, or meals incurred for the purpose of providing such information or advice.
(c) "Covered contract" defined
In this section, "covered contract" means a contract for an amount more than $100,000 entered into by the Secretary of Energy obligating funds appropriated for national security programs of the Department of Energy.
(d) Effective date
Subsection (a) shall apply with respect to costs incurred under a covered contract on or after 30 days after the regulations required by subsection (b) are issued.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsec. (b)(1).
2003—
Subsec. (b)(1).
1987—Subsec. (b).
Statutory Notes and Related Subsidiaries
Regulations
§2782. Prohibition and report on bonuses to contractors operating defense nuclear facilities
(a) Prohibition
The Secretary of Energy may not provide any bonuses, award fees, or other form of performance- or production-based awards to a contractor operating a Department of Energy defense nuclear facility unless, in evaluating the performance or production under the contract, the Secretary considers the contractor's compliance with all applicable environmental, safety, and health statutes, regulations, and practices for determining both the size of, and the contractor's qualification for, such bonus, award fee, or other award. The prohibition in this subsection applies with respect to contracts entered into, or contract options exercised, after November 29, 1989.
(b) Regulations
The Secretary of Energy shall promulgate regulations to implement subsection (a) not later than March 1, 1990.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsecs. (b), (c).
Subsec. (d).
2003—
Subsec. (a).
Subsec. (b).
Subsec. (d).
§2782a. Assessments of emergency preparedness of defense nuclear facilities
The Secretary of Energy shall include, in each award-fee evaluation conducted under section 16.401 of title 48, Code of Federal Regulations, of a management and operating contract for a Department of Energy defense nuclear facility in 2016 or any even-numbered year thereafter, an assessment of the adequacy of the emergency preparedness of that facility, including an assessment of the seniority level of management and operating contractor employees that participate in emergency preparedness exercises at that facility.
(
§2783. Contractor liability for injury or loss of property arising out of atomic weapons testing programs
(a) Short title
This section may be cited as the "Atomic Testing Liability Act".
(b) Federal remedies applicable; exclusiveness of remedies
(1) Remedy
The remedy against the United States provided by
(2) Exclusivity
The remedies referred to in paragraph (1) shall be exclusive of any other civil action or proceeding for the purpose of determining civil liability arising from any act or omission of the contractor without regard to when the act or omission occurred. The employees of a contractor referred to in paragraph (1) shall be considered to be employees of the Federal Government, as provided in
(c) Procedure
A contractor against whom a civil action or proceeding described in subsection (b) is brought shall promptly deliver all processes served upon that contractor to the Attorney General of the United States. Upon certification by the Attorney General that the suit against the contractor is within the provisions of subsection (b), a civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place wherein it is pending and the proceedings shall be deemed a tort action brought against the United States under the provisions of section 1346(b), 2401(b), or 2402, or
(d) Actions covered
The provisions of this section shall apply to any action, within the provisions of subsection (b), which is pending on November 5, 1990, or commenced on or after such date. Notwithstanding
(e) "Contractor" defined
For purposes of this section, the term "contractor" includes a contractor or cost reimbursement subcontractor of any tier participating in the conduct of the United States atomic weapons testing program for the Department of Energy (or its predecessor agencies, including the Manhattan Engineer District, the Atomic Energy Commission, and the Energy Research and Development Administration). Such term also includes facilities which conduct or have conducted research concerning health effects of ionizing radiation in connection with the testing under contract with the Department of Energy (or any of its predecessor agencies).
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsec. (b)(1).
2003—
Subsec. (d).
§2784. Notice-and-wait requirement applicable to certain third-party financing arrangements
(a) Notice-and-wait requirement
The Secretary of Energy may not enter into an arrangement described in subsection (b) until 30 days after the date on which the Secretary notifies the congressional defense committees in writing of the proposed arrangement.
(b) Covered arrangements
(1) In general
Except as provided in paragraph (2), an arrangement referred to in subsection (a) is any alternative financing arrangement, third-party financing arrangement, public-private partnership, privatization arrangement, private capital arrangement, or other financing arrangement that—
(A) is entered into in connection with a project conducted using funds authorized to be appropriated to the Department of Energy to carry out programs necessary for national security; and
(B) involves a contractor or Federal agency obtaining and charging to the Department of Energy as an allowable cost under a contract the use of office space, facilities, or other real property assets with a value of at least $5,000,000.
(2) Exception
An arrangement referred to in subsection (a) does not include an arrangement that—
(A) involves the Department of Energy or a contractor acquiring or entering into a capital lease for office space, facilities, or other real property assets; or
(B) is entered into in connection with a capital improvement project undertaken as part of an energy savings performance contract under
(
§2785. Publication of contractor performance evaluations leading to award fees
(a) In general
The Administrator shall take appropriate actions to make available to the public, to the maximum extent practicable, contractor performance evaluations conducted by the Administration of management and operating contractors of the nuclear security enterprise that results in the award of an award fee to the contractor concerned.
(b) Format
Performance evaluations shall be made public under this section in a common format that facilitates comparisons of performance evaluations between and among similar management and operating contracts.
(
Statutory Notes and Related Subsidiaries
Effective Date
§2786. Enhanced procurement authority to manage supply chain risk
(a) Authority
Subject to subsection (b), the Secretary of Energy may—
(1) carry out a covered procurement action or special exclusion action; and
(2) notwithstanding any other provision of law, limit, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action or special exclusion action.
(b) Requirements
The Secretary may exercise the authority under subsection (a) only after—
(1) obtaining a risk assessment that demonstrates that there is a significant supply chain risk to a covered system;
(2) making a determination in writing, in unclassified or classified form, that—
(A) the use of the authority under subsection (a) is necessary to protect national security by reducing supply chain risk;
(B) less restrictive measures are not reasonably available to reduce the supply chain risk; and
(C) in a case in which the Secretary plans to limit disclosure of information under subsection (a)(2), the risk to national security of the disclosure of the information outweighs the risk of not disclosing the information; and
(3) submitting to the appropriate congressional committees, not later than seven days after the date on which the Secretary makes the determination under paragraph (2), a notice of such determination, in classified or unclassified form, that includes—
(A) the information required by
(B) a summary of the risk assessment required under paragraph (1); and
(C) a summary of the basis for the determination, including a discussion of less restrictive measures that were considered and why such measures were not reasonably available to reduce supply chain risk.
(c) Notifications
If the Secretary has exercised the authority under subsection (a), the Secretary shall—
(1) notify appropriate parties of the covered procurement action or special exclusion action and the basis for the action only to the extent necessary to carry out the covered procurement action or special exclusion action;
(2) notify other Federal agencies responsible for procurement that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and
(3) ensure the confidentiality of any notifications under paragraph (1) or (2).
(d) Limitation of review
No action taken by the Secretary under the authority under subsection (a) shall be subject to review in any Federal court.
(e) Delegation of authority
The Secretary may delegate the authority under this section to—
(1) in the case of the Administration, the Administrator; and
(2) in the case of any other component of the Department of Energy, the Senior Procurement Executive of the Department.
(f) Definitions
In this section:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means—
(A) the congressional defense committees; and
(B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(2) Covered item of supply
The term "covered item of supply" means an item—
(A) that is purchased for inclusion in a covered system; and
(B) the loss of integrity of which could result in a supply chain risk for a covered system.
(3) Covered procurement
The term "covered procurement" means the following:
(A) A source selection for a covered system or a covered item of supply involving either a performance specification, as described in subsection (a)(3)(B) of
(B) The consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in
(C) Any contract action involving a contract for a covered system or a covered item of supply if the contract includes a clause establishing requirements relating to supply chain risk.
(4) Covered procurement action
The term "covered procurement action" means, with respect to an action that occurs in the course of conducting a covered procurement, any of the following:
(A) The exclusion of a source that fails to meet qualification requirements established pursuant to
(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
(C) The withholding of consent for a contractor to subcontract with a particular source or the direction to a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.
(5) Covered system
The term "covered system" means the following:
(A) National security systems (as defined in
(B) Nuclear weapons and components of nuclear weapons.
(C) Items associated with the design, development, production, and maintenance of nuclear weapons or components of nuclear weapons.
(D) Items associated with the surveillance of the nuclear weapon stockpile.
(E) Items associated with the design and development of nonproliferation and counterproliferation programs and systems.
(6) Special exclusion action
The term "special exclusion action" means an action to prohibit, for a period not to exceed two years, the award of any contracts or subcontracts by the Administration or any other component of the Department of Energy related to any covered system to a source the Secretary determines to represent a supply chain risk.
(7) Supply chain risk
The term "supply chain risk" means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system or covered item of supply so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of the system or item of supply.
(g) Termination
The authority under this section shall terminate on December 31, 2028.
(
Editorial Notes
Amendments
2021—Subsec. (a).
Subsec. (c)(1).
Subsecs. (e), (f).
Subsec. (f)(6), (7).
Subsec. (g).
2019—Subsecs. (e) to (g).
2018—Subsec. (f)(5)(A).
Subsec. (g).
2014—Subsec. (g)(1).
§2787. Cost-benefit analyses for competition of management and operating contracts
(a) Briefings on requests for proposals
Not later than 7 days after issuing a request for proposals for a contract to manage and operate a facility of the Administration, the Administrator shall brief the congressional defense committees on the preliminary assessment of the Administrator of the costs and benefits of the competition for the contract, including a preliminary assessment of the matters described in subsection (c) with respect to the contract.
(b) Reports after transition to new contracts
If the Administrator awards a new contract to manage and operate a facility of the Administration, the Administrator shall submit to the congressional defense committees a report that includes the matters described in subsection (c) with respect to the contract by not later than 30 days after the completion of the period required to transition to the contract.
(c) Matters described
The matters described in this subsection, with respect to a contract, are the following:
(1) A clear and complete description of the cost savings the Administrator expects to result from the competition for the contract over the life of the contract, including associated analyses, assumptions, and information sources used to determine such expected cost savings.
(2) A description of any key limitations or uncertainties that could affect such costs savings, including costs savings that are anticipated but not fully known.
(3) The costs of the competition for the contract, including the immediate costs of conducting the competition, the costs of the transition to the contract from the previous contract, and any increased costs over the life of the contract.
(4) A description of any disruptions or delays in mission activities or deliverables resulting from the competition for the contract.
(5) A clear and complete description of the benefits expected by the Administrator with respect to mission performance or operations resulting from the competition.
(6) How the competition for the contract complied with the Federal Acquisition Regulation regarding federally funded research and development centers, if applicable.
(7) The factors considered and processes used by the Administrator to determine—
(A) whether to compete or extend the previous contract; and
(B) which activities at the facility should be covered under the contract rather than under a different contract.
(8) With respect to the matters included under paragraphs (1) through (7), a detailed description of the analyses conducted by the Administrator to reach the conclusions presented in the report, including any assumptions, limitations, and uncertainties relating to such conclusions.
(9) Any other matters the Administrator considers appropriate.
(d) Information quality
Each briefing required by subsection (a) and report required by subsection (b) shall be prepared in accordance with—
(1) the information quality guidelines of the Department of Energy that are relevant to the clear and complete presentation of the matters described in subsection (c); and
(2) best practices of the Government Accountability Office and relevant industries for cost estimating, if appropriate.
(e) Review of reports by Comptroller General of the United States
(1) Determination
The Comptroller General of the United States shall determine, in consultation with the congressional defense committees, whether to conduct an initial review, a comprehensive review, or both, of a report required by subsection (b).
(2) Initial review
The Comptroller General shall provide any initial review of a report required by subsection (b) as a briefing to the congressional defense committees not later than 180 days after that report is submitted to the congressional defense committees.
(3) Comprehensive review
(A) Submission
The Comptroller General shall submit any comprehensive review of a report required by subsection (b) to the congressional defense committees not later than 3 years after that report is submitted to the congressional defense committees.
(B) Elements
A comprehensive review of a report required by subsection (b) shall include an assessment, based on the most current information available, of the following:
(i) The actual cost savings achieved compared to cost savings estimated under subsection (c)(1), and any increased costs incurred under the contract that were unexpected or uncertain at the time the contract was awarded.
(ii) Any disruptions or delays in mission activities or deliverables resulting from the competition for the contract compared to the disruptions and delays estimated under subsection (c)(4).
(iii) Whether expected benefits of the competition with respect to mission performance or operations have been achieved.
(iv) Such other matters as the Comptroller General considers appropriate.
(f) Applicability
(1) In general
The requirements for briefings under subsection (a) and reports under subsection (b) shall apply with respect to requests for proposals issued or contracts awarded, as applicable, by the Administrator during fiscal years 2019 through 2032.
(2) Naval reactors
The requirements for briefings under subsection (a) and reports under subsection (b) shall not apply with respect to a management and operations contract for a Naval Reactor facility.
(
Editorial Notes
Amendments
2024—Subsec. (e).
2023—Subsec. (f)(1).
Part B—Research and Development
§2791. 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.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2015—Subsec. (c).
2003—
Statutory Notes and Related Subsidiaries
Pilot Program on Unavailability for Overhead Costs of Amounts Specified for Laboratory-Directed Research and Development
§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.
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Editorial Notes
References in Text
This Act, referred to in text, is div. C of
Codification
Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Atomic Energy Defense Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Similar Provisions
Provisions similar to those in this section were contained in the following appropriation acts:
Funding for Laboratory Directed Research and Development
§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.
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Editorial Notes
References in Text
This Act, referred to in text, is div. D of
Codification
Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2015, and also as part of the Consolidated and Further Continuing Appropriations Act, 2015, and not as part of the Atomic Energy Defense Act which comprises this chapter.
§2792. 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
(
Editorial Notes
Codification
Section is comprised of section 4812 of
Section was formerly classified to
Amendments
2022—Subsec. (c).
2013—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
2003—Subsec. (b).
Subsec. (d).
Subsec. (e).
§2793. 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) 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
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.
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Editorial Notes
Codification
Section was formerly classified to
Amendments
2021—Subsecs. (b) to (d).
2013—
2003—Subsec. (a).
1997—Subsec. (b)(1).
§2794. 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
(2) The term "cooperative research and development agreement" has the meaning given that term by
(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.
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Editorial Notes
References in Text
Executive Order No. 12344, dated February 1, 1982, referred to in subsec. (c)(4), is set out as a note under
Codification
Section was formerly classified to
Amendments
2021—Subsec. (c)(1)(C).
2014—Subsec. (a).
2013—Subsec. (b)(1).
Subsec. (c)(1)(C).
"(i)(I) appears on the list of national critical technologies contained in a biennial report on national critical technologies submitted to Congress by the President pursuant to
"(II) has not been expressly deleted from such list by such a report subsequently submitted to Congress by the President; or
"(ii)(I) appears on the list of critical technologies contained in an annual defense critical technologies plan submitted to Congress by the Secretary of Defense pursuant to
"(II) has not been expressly deleted from such list by such a plan subsequently submitted to Congress by the Secretary."
Subsec. (c)(3)(B)(iii).
Subsec. (c)(5).
2011—
Subsecs. (b), (c).
Subsec. (c)(5).
1993—Subsec. (b)(1)(C)(ii)(I).
Statutory Notes and Related Subsidiaries
Pilot Program on Technology Commercialization
"(a)
"(b)
"(c)
"(1)
"(2)
"(A) An identification of opportunities for accelerating technology transfer from national security laboratories to the marketplace.
"(B) If the Secretary chooses to carry out the pilot program under subsection (a), a description of the plan to carry out such program.
"(C) If the Secretary chooses not to carry out the pilot program under subsection (a), a description of why the program will not be carried out.
"(d)
"(1) The term 'appropriate congressional committees' means the following:
"(A) The Committees on Armed Services of the Senate and House of Representatives.
"(B) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.
"(C) The Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
"(2) The term 'national security laboratory' has the meaning given that term in section 3281 of the National Nuclear Security Administration Act (
§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
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.
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Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2013—Subsec. (c).
2003—Subsec. (c).
§2796. 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.
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Part C—Facilities Management
§2811. Transfers of real property at certain Department of Energy facilities
(a) Transfer regulations
(1) The Secretary of Energy shall prescribe regulations for the transfer by sale or lease of real property at Department of Energy defense nuclear facilities for the purpose of permitting the economic development of the property.
(2) The Secretary may not transfer real property under the regulations prescribed under paragraph (1) until—
(A) the Secretary submits a notification of the proposed transfer to the congressional defense committees; and
(B) a period of 30 days has elapsed following the date on which the notification is submitted.
(b) Indemnification
(1) Except as provided in paragraph (3) and subject to subsection (c), in the sale or lease of real property pursuant to the regulations prescribed under subsection (a), the Secretary may hold harmless and indemnify a person or entity described in paragraph (2) against any claim for injury to person or property that results from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located. Before entering into any agreement for such a sale or lease, the Secretary shall notify the person or entity that the Secretary has authority to provide indemnification to the person or entity under this subsection. The Secretary shall include in any agreement for such a sale or lease a provision stating whether indemnification is or is not provided.
(2) Paragraph (1) applies to the following persons and entities:
(A) Any State that acquires ownership or control of real property of a defense nuclear facility.
(B) Any political subdivision of a State that acquires such ownership or control.
(C) Any other person or entity that acquires such ownership or control.
(D) Any successor, assignee, transferee, lender, or lessee of a person or entity described in subparagraphs (A) through (C).
(3) To the extent the persons and entities described in paragraph (2) contributed to any such release or threatened release, paragraph (1) shall not apply.
(c) Conditions
(1) No indemnification on a claim for injury may be provided under this section unless the person or entity making a request for the indemnification—
(A) notifies the Secretary in writing within two years after such claim accrues;
(B) furnishes to the Secretary copies of pertinent papers received by the person or entity;
(C) furnishes evidence or proof of the claim;
(D) provides, upon request by the Secretary, access to the records and personnel of the person or entity for purposes of defending or settling the claim; and
(E) begins action within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary.
(2) For purposes of paragraph (1)(A), the date on which a claim accrues is the date on which the person asserting the claim knew (or reasonably should have known) that the injury to person or property referred to in subsection (b)(1) was caused or contributed to by the release or threatened release of a hazardous substance, pollutant, or contaminant as a result of Department of Energy activities at the defense nuclear facility on which the real property is located.
(d) Authority of Secretary
(1) In any case in which the Secretary determines that the Secretary may be required to indemnify a person or entity under this section for any claim for injury to person or property referred to in subsection (b)(1), the Secretary may settle or defend the claim on behalf of that person or entity.
(2) In any case described in paragraph (1), if the person or entity that the Secretary may be required to indemnify does not allow the Secretary to settle or defend the claim, the person or entity may not be indemnified with respect to that claim under this section.
(e) Relationship to other law
Nothing in this section shall be construed as affecting or modifying in any way
(f) Definitions
In this section, the terms "hazardous substance", "release", and "pollutant or contaminant" have the meanings provided by
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (c)(1)(A).
Subsec. (d).
Subsec. (f).
2003—Subsec. (b)(2)(D).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
§2812. Engineering and manufacturing research, development, and demonstration by managers of certain nuclear weapons production facilities
(a) Authority for programs at nuclear weapons productions facilities
The Administrator shall authorize the head of each nuclear weapons production facility to establish an Engineering and Manufacturing Research, Development, and Demonstration Program under this section.
(b) Projects and activities
The projects and activities carried out through the program at a nuclear weapons production facility under this section shall support innovative or high-risk design and manufacturing concepts and technologies with potentially high payoff for the nuclear security enterprise. Those projects and activities may include—
(1) replacement of obsolete or aging design and manufacturing technologies;
(2) development of innovative agile manufacturing techniques and processes; and
(3) training, recruitment, or retention of essential personnel in critical engineering and manufacturing disciplines.
(
Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2014—Subsec. (a).
2013—
Subsec. (b).
Subsecs. (c) to (e).
Statutory Notes and Related Subsidiaries
Activities at Covered Nuclear Weapons Facilities
"(1) The Kansas City Plant, Kansas City, Missouri.
"(2) The Y–12 Plant, Oak Ridge, Tennessee.
"(3) The Pantex Plant, Amarillo, Texas.
"(4) The Savannah River Plant, South Carolina.
"(5) The Nevada Test Site."
Similar provisions were contained in the following prior appropriation acts:
§2813. Pilot program relating to use of proceeds of disposal or utilization of certain Department of Energy assets
(a) Purpose
The purpose of this section is to encourage the Secretary of Energy to dispose of or otherwise utilize certain assets of the Department of Energy by making available to the Secretary the proceeds of such disposal or utilization for purposes of defraying the costs of such disposal or utilization.
(b) Use of proceeds to defray costs
(1) Notwithstanding
(2) For purposes of paragraph (1), the cost of a sale, lease, or disposal shall include—
(A) the cost of administering the sale, lease, or disposal;
(B) the cost of recovering or preparing the asset concerned for the sale, lease, or disposal; and
(C) any other cost associated with the sale, lease, or disposal.
(c) Covered transactions
Subsection (b) applies to the following transactions:
(1) The sale of heavy water at the Savannah River Site, South Carolina, that is under the jurisdiction of the Defense Environmental Management Program.
(2) The sale of precious metals that are under the jurisdiction of the Defense Environmental Management Program.
(3) The lease of buildings and other facilities located at the Hanford Reservation, Washington, that are under the jurisdiction of the Defense Environmental Management Program.
(4) The lease of buildings and other facilities located at the Savannah River Site that are under the jurisdiction of the Defense Environmental Management Program.
(5) The disposal of equipment and other personal property located at the Rocky Flats Defense Environmental Technology Site, Colorado, that is under the jurisdiction of the Defense Environmental Management Program.
(6) The disposal of materials at the National Electronics Recycling Center, Oak Ridge, Tennessee that are under the jurisdiction of the Defense Environmental Management Program.
(d) Applicability of disposal authority
Nothing in this section shall be construed to limit the application of subchapter II of
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Editorial Notes
Codification
Section was formerly set out as a note under
Amendments
2013—Subsec. (e).
2003—Subsec. (d).
§2814. Department of Energy energy parks program
(a) In general
The Secretary of Energy may establish a program to permit the establishment of energy parks on former defense nuclear facilities.
(b) Objectives
The objectives for establishing energy parks pursuant to subsection (a) are the following:
(1) To provide locations to carry out a broad range of projects relating to the development and deployment of energy technologies and related advanced manufacturing technologies.
(2) To provide locations for the implementation of pilot programs and demonstration projects for new and developing energy technologies and related advanced manufacturing technologies.
(3) To set a national example for the development and deployment of energy technologies and related advanced manufacturing technologies in a manner that will promote energy security, energy sector employment, and energy independence.
(4) To create a business environment that encourages collaboration and interaction between the public and private sectors.
(c) Consultation
In establishing an energy park pursuant to subsection (a), the Secretary shall consult with—
(1) the local government with jurisdiction over the land on which the energy park will be located;
(2) the local governments of adjacent areas; and
(3) any community reuse organization recognized by the Secretary at the former defense nuclear facility on which the energy park will be located.
(d) Report required
Not later than 120 days after January 7, 2011, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the program under subsection (a). The report shall include such recommendations for additional legislative actions as the Secretary considers appropriate to facilitate the development of energy parks on former defense nuclear facilities.
(e) Defense nuclear facility defined
In this section, the term "defense nuclear facility" has the meaning given the term "Department of Energy defense nuclear facility" in
(
Editorial Notes
Codification
Section was enacted as part of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, and not as part of the Atomic Energy Defense Act which comprises this chapter.
§2815. Authority to use passenger carriers for contractor commuting
(a) Authority
If and to the extent that the Administrator deems it appropriate to further mission activities under
(b) Plan requests and approval
(1) The Administrator—
(A) shall—
(i) provide Management and Operating contractors at covered facilities the opportunity to, on a voluntary basis, submit, through the cognizant contracting officer of the applicable covered facility, a plan to provide transportation services described in subsection (a) for contractor employees at the covered facility; and
(ii) review each such plan submitted in accordance with clause (i); and
(B) may approve each such plan if the requirements described in clauses (i) through (iv) of paragraph (2)(B) are satisfied.
(2) Each plan submitted pursuant to paragraph (1)(A)—
(A) may include proposals for parking facilities, road improvements, real property acquisition, passenger carrier services, and commuting cost deferment payments to contractor employees; and
(B) shall include—
(i) a description of how the use of passenger carriers will facilitate the mission of the covered facility;
(ii) a description of how the plan will be economical and advantageous to the Federal Government;
(iii) a summary of the benefits that will be provided under the plan and how costs will be monitored; and
(iv) a description of how the plan will alleviate traffic congestion, reduce commuting times, and improve recruitment and retention of contractor employees.
(3) The Administrator may delegate to the Senior Procurement Executive of the Administration the approval of any plan submitted under this subsection.
(c) Reimbursement
The Administration may reimburse a contractor for the costs of transportation services incurred pursuant to a plan approved under subsection (b) using funds appropriated to the Administration.
(d) Implementation
In carrying out a plan approved under subsection (b), the Administrator, to the maximum extent practicable and consistent with sound budget policy, shall—
(1) require the use 1 alternative fuel vehicles to provide transportation services;
(2) ensure funds spent for this plan further the mission activities of the Administration under
(3) ensure that the time during which a contractor employee uses transportation services shall not be included for purposes of calculating the hours of work for such contractor employee.
(e) Definitions
In this section:
(1) The term "contractor employee" means an employee of a Management and Operating contractor or subcontractor employee at any tier.
(2) The term "covered facility" means any facility of the Administration that directly supports the mission of the Administration under
(3) The term "Management and Operating contractor" means a management and operating contractor that manages a covered facility.
(4) The term "passenger carrier" means a passenger motor vehicle, aircraft, boat, ship, train, or other similar means of transportation that is owned, leased, or provided pursuant to contract or subcontract by the Federal Government or through a contractor of the Administration.
(
1 So in original. Probably should be followed by "of".
Part D—Other Matters
§2821. Repealed. Pub. L. 112–239, div. C, title XXXI, §3131(q)(2), Jan. 2, 2013, 126 Stat. 2183
Section,
§2822. Payment of costs of operation and maintenance of infrastructure at Nevada National Security Site
Notwithstanding any other provision of law and effective as of September 30, 1996, the costs associated with operating and maintaining the infrastructure at the Nevada National Security Site, Nevada, with respect to any activities initiated at the site after that date by the Department of Defense pursuant to a work-for-others agreement may be paid for from funds authorized to be appropriated to the Department of Energy for activities at the Nevada National Security Site.
(
Editorial Notes
Amendments
2013—
§2823. University-based defense nuclear policy collaboration program
(a) Program
The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under
(b) Purposes
The purposes of the consortium under subsection (a) are as follows:
(1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs.
(2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security.
(3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats.
(c) Duties
(1) Support
The Administrator shall ensure that the consortium established under subsection (a) provides support to individuals described in paragraph (2) through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants.
(2) Individuals described
The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to—
(A) defense nuclear nonproliferation;
(B) arms control;
(C) nuclear deterrence;
(D) the study of foreign nuclear programs;
(E) nuclear security; or
(F) educating and training the next generation of defense nuclear policy experts.
(