[USC02] 50 USC CHAPTER 41, SUBCHAPTER I: ESTABLISHMENT AND ORGANIZATION
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TEXT OF PART V OF SUBTITLE A (§3001 ET SEQ.), EFFECTIVE JANUARY 1, 2022, CURRENTLY SET OUT AS A PREVIEW

50 USC CHAPTER 41, SUBCHAPTER I: ESTABLISHMENT AND ORGANIZATION
From Title 50—WAR AND NATIONAL DEFENSECHAPTER 41—NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I—ESTABLISHMENT AND ORGANIZATION

§2401. Establishment and mission

(a) Establishment

There is established within the Department of Energy a separately organized agency to be known as the National Nuclear Security Administration (in this chapter referred to as the "Administration").

(b) Mission

The mission of the Administration shall be the following:

(1) To enhance United States national security through the military application of nuclear energy.

(2) To maintain and enhance the safety, reliability, and performance of the United States nuclear weapons stockpile, including the ability to design, produce, and test, in order to meet national security requirements.

(3) To provide the United States Navy with safe, militarily effective nuclear propulsion plants and to ensure the safe and reliable operation of those plants.

(4) To promote international nuclear safety and nonproliferation.

(5) To reduce global danger from weapons of mass destruction.

(6) To support United States leadership in science and technology.

(c) Operations and activities to be carried out consistently with certain principles

In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of—

(1) protecting the environment;

(2) safeguarding the safety and health of the public and of the workforce of the Administration; and

(3) ensuring the security of the nuclear weapons, nuclear material, and classified information in the custody of the Administration.

(Pub. L. 106–65, div. C, title XXXII, §3211, Oct. 5, 1999, 113 Stat. 957; Pub. L. 113–66, div. C, title XXXI, §3111, Dec. 26, 2013, 127 Stat. 1049.)

References in Text

This chapter, referred to in subsec. (a), was in the original "this title", meaning title XXXII of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 953, as amended, which is classified principally to this chapter. For complete classification of title XXXII to the Code, see Short Title note set out below and Tables.

Amendments

2013—Subsec. (c). Pub. L. 113–66 amended subsec. (c) generally. Prior to amendment, text read as follows: "In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of protecting the environment and safeguarding the safety and health of the public and of the workforce of the Administration."

Effective Date

Pub. L. 106–65, div. C, title XXXII, §3299, Oct. 5, 1999, 113 Stat. 971, provided that:

"(a) In General.—Except as provided in subsection (b), the provisions of this title [see Short Title note below] shall take effect on March 1, 2000.

"(b) Exceptions.—(1) Sections 3202, 3204, 3251, 3295, and 3297 [enacting section 2451 and former section 2483 of this title and sections 7144a to 7144c of Title 42, The Public Health and Welfare, amending section 7132 of Title 42, and enacting provisions set out as a note below] shall take effect on the date of the enactment of this Act [Oct. 5, 1999].

"(2) Sections 3234 and 3235 [enacting sections 2424 and 2425 of this title] shall take effect on the date of the enactment of this Act. During the period beginning on the date of the enactment of this Act and ending on the effective date of this title, the Secretary of Energy shall carry out those sections and any reference in those sections to the Administrator and the Administration shall be treated as references to the Secretary and the Department of Energy, respectively."

Short Title

Pub. L. 106–65, div. C, title XXXII, §3201, Oct. 5, 1999, 113 Stat. 953, provided that: "This title [enacting this chapter and sections 7144 to 7144c of Title 42, The Public Health and Welfare, amending sections 5314, 5315, 5595, and 8905a of Title 5, Government Organization and Employees, and sections 7132, 7133, and 7158 of Title 42, repealing sections 2122a, 7143, and 7271b of Title 42, enacting provisions set out as notes under this section, and amending provisions set out as a note under section 435 of this title] may be cited as the 'National Nuclear Security Administration Act'."

Preparation of Infrastructure Plan for the Nuclear Weapons Complex

Pub. L. 107–107, div. B, title XXX, §3008, Dec. 28, 2001, 115 Stat. 1352, provided that:

"(a) Infrastructure Plan for Nuclear Weapons Complex.—

"(1) Preparation and submission.—Not later than the date on which the budget for the Department of Energy for fiscal year 2004 is submitted to Congress, the Secretary of Energy shall submit to Congress an infrastructure plan for the nuclear weapons complex adequate to support the nuclear weapons stockpile, the naval reactors program, and nonproliferation and national security activities.

"(2) Special considerations.—In preparing the infrastructure plan, the Secretary shall take into consideration the following:

"(A) The Department of Defense Nuclear Posture Review required pursuant to section 1041 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–262 [former 10 U.S.C. 118 note]).

"(B) Any efficiencies and security benefits of consolidation of facilities of the nuclear weapons complex.

"(C) The necessity to have a residual production capability.

"(b) Recommendations Regarding Realignments and Closures.—On the basis of the infrastructure plan prepared under subsection (a), the Secretary shall make such recommendations regarding the need to close or realign facilities of the nuclear weapons complex as the Secretary considers appropriate, including the Secretary's recommendations on whether to establish a process by which a round of closures and realignments would be carried out and any additional legislative authority necessary to implement the recommendations. The Secretary shall submit the recommendations as part of the infrastructure plan under subsection (a).

"(c) Definitions.—In this section:

"(1) The terms 'Secretary' and 'Secretary of Energy' mean the Secretary of Energy, acting after consideration of the recommendations of the Administrator for Nuclear Security.

"(2) The term 'nuclear weapons complex' means the national security laboratories and nuclear weapons production facilities (as such terms are defined in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)) and the facilities of the Naval Nuclear Propulsion Program provided for under the Naval Nuclear Propulsion Executive Order (as such term is defined in section 3216 of such Act (50 U.S.C. 2406))."

Study and Report Related to Improving Mission Effectiveness, Partnerships, and Technology Transfer at National Security Laboratories and Nuclear Weapons Production Facilities

Pub. L. 106–398, §1 [div. C, title XXXI, §3163], Oct. 30, 2000, 114 Stat. 1654, 1654A-473, provided that:

"(a) Study and Report Required.—The Secretary of Energy shall direct the Secretary of Energy Advisory Board to study and to submit to the Secretary not later than one year after the date of the enactment of this Act [Oct. 30, 2000] a report regarding the following topics:

"(1) The advantages and disadvantages of providing the Administrator for Nuclear Security with authority, notwithstanding the limitations otherwise imposed by the Federal Acquisition Regulation, to enter into transactions with public agencies, private organizations, or individuals on terms the Administrator considers appropriate to the furtherance of basic, applied, and advanced research functions. The Advisory Board shall consider, in its assessment of this authority, the management history of the Department of Energy and the effect of this authority on the National Nuclear Security Administration's use of contractors to operate the national security laboratories.

"(2) The advantages and disadvantages of establishing and implementing policies and procedures to facilitate the transfer of scientific, technical, and professional personnel among national security laboratories and nuclear weapons production facilities.

"(3) The advantages and disadvantages of making changes in—

"(A) the indemnification requirements for patents or other intellectual property licensed from a national security laboratory or nuclear weapons production facility;

"(B) the royalty and fee schedules and types of compensation that may be used for patents or other intellectual property licensed to a small business concern from a national security laboratory or nuclear weapons production facility;

"(C) the licensing procedures and requirements for patents and other intellectual property;

"(D) the rights given to a small business concern that has licensed a patent or other intellectual property from a national security laboratory or nuclear weapons production facility to bring suit against third parties infringing such intellectual property;

"(E) the advance funding requirements for a small business concern funding a project at a national security laboratory or nuclear weapons production facility through a funds-in agreement;

"(F) the intellectual property rights allocated to a business when it is funding a project at a national security laboratory or nuclear weapons production facility through a funds-in agreement; and

"(G) policies on royalty payments to inventors employed by a contractor operating a national security laboratory or nuclear weapons production facility, including those for inventions made under a funds-in agreement.

"(b) Definition of Funds-In Agreement.—For the purposes of this section, the term 'funds-in agreement' means a contract between the Department and a non-Federal organization under which that organization pays the Department to provide a service or material not otherwise available in the domestic private sector.

"(c) Submission to Congress.—Not later than one month after receiving the report under subsection (a), the Secretary shall submit to Congress that report, along with the Secretary's recommendations for action and proposals for legislation to implement the recommendations."

Definitions for Purposes of Pub. L. 106–398

Pub. L. 106–398, §1 [div. C, title XXXI, §3165], Oct. 30, 2000, 114 Stat. 1654, 1654A-475, provided that: "For purposes of this subtitle [subtitle E (§§3161–3165) of title XXXI of div. C of H.R. 5408, as enacted by section 1 of Pub. L. 106–398, enacting provisions set out as notes under this section and section 2402 of this title], the terms 'national security laboratory' and 'nuclear weapons production facility' have the meanings given such terms in section 3281 of the National Nuclear Security Administration Act (title XXXII of Public Law 106–65; 113 Stat. 968; 50 U.S.C. 2471)."

Report Containing Implementation Plan of Secretary of Energy

Pub. L. 106–65, div. C, title XXXII, §3297, Oct. 5, 1999, 113 Stat. 971, which provided that not later than January 1, 2000, the Secretary of Energy was to submit to the Armed Services committees a report containing the Secretary's plan for the implementation of the provisions of this title, was repealed by Pub. L. 112–239, div. C, title XXXI, §3132(c)(1)(D), Jan. 2, 2013, 126 Stat. 2187.

Classification in United States Code

Pub. L. 106–65, div. C, title XXXII, §3298, Oct. 5, 1999, 113 Stat. 971, provided that: "Subtitles A through F of this title [§§3211–3281, enacting this chapter and amending sections 5595 and 8905a of Title 5, Government Organization and Employees] (other than provisions of those subtitles amending existing provisions of law) shall be classified to the United States Code as a new chapter of title 50, United States Code."

§2402. Administrator for Nuclear Security

(a) In general

(1) There is at the head of the Administration an Administrator for Nuclear Security (in this chapter referred to as the "Administrator").

(2) Pursuant to subsection (c) of section 7132 of title 42, the Under Secretary for Nuclear Security of the Department of Energy serves as the Administrator.

(b) Functions

The Administrator has authority over, and is responsible for, all programs and activities of the Administration (except for the functions of the Deputy Administrator for Naval Reactors specified in the Executive order referred to in section 2406(b) of this title), including the following:

(1) Strategic management.

(2) Policy development and guidance.

(3) Budget formulation, guidance, and execution, and other financial matters.

(4) Resource requirements determination and allocation.

(5) Program management and direction.

(6) Safeguards and security.

(7) Emergency management.

(8) Integrated safety management.

(9) Environment, safety, and health operations.

(10) Administration of contracts, including the management and operations of the nuclear weapons production facilities and the national security laboratories.

(11) Intelligence.

(12) Counterintelligence.

(13) Personnel, including the selection, appointment, distribution, supervision, establishing of compensation, and separation of personnel in accordance with subchapter III of this chapter.

(14) Procurement of services of experts and consultants in accordance with section 3109 of title 5.

(15) Legal matters.

(16) Legislative affairs.

(17) Public affairs.

(18) Eliminating inventories of surplus fissile materials usable for nuclear weapons.

(19) Liaison with other elements of the Department of Energy and with other Federal agencies, State, tribal, and local governments, and the public.

(c) Procurement authority

The Administrator is the senior procurement executive for the Administration for the purposes of section 1702(c) of title 41.

(d) Policy authority

The Administrator may establish Administration-specific policies, unless disapproved by the Secretary of Energy.

(e) Membership on Nuclear Weapons Council

The Administrator serves as a member of the Nuclear Weapons Council under section 179 of title 10.

(f) Reorganization authority

Except as provided by subsections (b) and (c) of section 2481 of this title:

(1) The Administrator may establish, abolish, alter, consolidate, or discontinue any organizational unit or component of the Administration, or transfer any function of the Administration.

(2) Such authority does not apply to the abolition of organizational units or components established by law or the transfer of functions vested by law in any organizational unit or component.

(Pub. L. 106–65, div. C, title XXXII, §3212, Oct. 5, 1999, 113 Stat. 957; Pub. L. 106–398, §1 [div. C, title XXXI, §§3152(b), 3159(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-464, 1654A-469; Pub. L. 107–107, div. A, title X, §1048(i)(12), Dec. 28, 2001, 115 Stat. 1230; Pub. L. 108–375, div. A, title IX, §902(e), Oct. 28, 2004, 118 Stat. 2025; Pub. L. 110–417, div. C, title XXXI, §3111, Oct. 14, 2008, 122 Stat. 4753; Pub. L. 112–239, div. C, title XXXI, §3132(d)(1), Jan. 2, 2013, 126 Stat. 2187; Pub. L. 113–66, div. C, title XXXI, §3145(a), Dec. 26, 2013, 127 Stat. 1071.)

Amendments

2013—Subsec. (a)(2). Pub. L. 112–239 made technical amendment to reference in original act which appears in text as reference to section 7132 of title 42.

Subsec. (c). Pub. L. 113–66 substituted "section 1702(c) of title 41" for "section 414(3) of title 41".

2008—Subsec. (b)(18), (19). Pub. L. 110–417 added par. (18) and redesignated former par. (18) as (19).

2004—Subsec. (e). Pub. L. 108–375 struck out "Joint" before "Nuclear" in heading and text.

2001—Subsecs. (e), (f). Pub. L. 107–107 redesignated subsec. (e), relating to reorganization authority, as (f).

2000—Subsec. (e). Pub. L. 106–398, §1 [div. C, title XXXI, §3159(a)], added subsec. (e) relating to reorganization authority.

Pub. L. 106–398, §1 [div. C, title XXXI, §3152(b)], added subsec. (e) relating to membership on Joint Nuclear Weapons Council.

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

Infrastructure Modernization Initiative

Pub. L. 115–91, div. C, title XXXI, §3111(b), Dec. 12, 2017, 131 Stat. 1881, provided that:

"(1) Establishment.—Not later than 30 days after the date of the enactment of this Act [Dec. 12, 2017], the Administrator for Nuclear Security shall establish and carry out a program, to be known as the 'Infrastructure Modernization Initiative', to reduce the backlog of deferred maintenance and repair needs of the nuclear security enterprise (as defined in section 4002(6) of the Atomic Energy Defense Act (50 U.S.C. 2501(6))). In carrying out that program, the Administrator shall establish and execute infrastructure modernization milestones that reduce the deferred maintenance and repair needs of the nuclear security enterprise by not less than 30 percent by 2025.

"(2) Authorities.—

"(A) Process.—

"(i) In general.—The Secretary of Energy shall provide to the Administrator a process that will enhance or streamline the ability of the Administrator to carry out the program under paragraph (1) in an efficient and effective manner, including with respect to—

"(I) the demolition or construction of non-nuclear facilities of the Administration that have a total estimated project cost of less than $100,000,000; and

"(II) the decontamination, decommissioning, and demolition (to be performed in accordance with applicable health and safety standards used by the Defense Environmental Cleanup Program) of process-contaminated facilities of the Administration that have a total estimated project cost of less than $50,000,000.

"(ii) Funding.—Clause (i) may be carried out using amounts authorized to be appropriated for fiscal year 2018 or any subsequent fiscal year.

"(B) Application of certain requirements.—For purposes of the Management Procedures Memorandum 2015–01 of the Office of Management and Budget, or a successor memorandum, in carrying out the program under paragraph (1), the Administrator may—

"(i) perform new construction during a fiscal year that differs from the fiscal year of corresponding facility demolition;

"(ii) perform demolition of different facility category codes and have that demolition credit count towards the construction of new facilities with a different facility category code; and

"(iii) have the net reduction in infrastructure footprint for the five fiscal years prior to the date of the enactment of this Act [Dec. 12, 2017], and the demolition during the five fiscal years following such date of enactment, considered as a factor for the purpose of meeting the intent of such memorandum.

"(3) Initial plan.—Not later than March 1, 2018, the Administrator shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] an initial plan to carry out the program under paragraph (1) to achieve the goal specified in such paragraph. Such plan shall include—

"(A) the funding required to carry out the program during the period covered by the future-years nuclear security program under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453);

"(B) the criteria for selecting and prioritizing projects within the program under paragraph (1);

"(C) mechanisms for ensuring the robust management and oversight of such projects;

"(D) a description of the process provided to the Administrator to carry out the program pursuant to paragraph (2)(A); and

"(E) a description of any legislative actions the Administrator recommends to further enhance or streamline authorities or processes relating to the program.

"(4) Reassessment.—Not later than February 1, 2024, the Administrator shall reassess the program under paragraph (1) and, as appropriate, develop and establish goals for the program beyond 2025."

Technology Infrastructure Pilot Program

Pub. L. 106–398, §1 [div. C, title XXXI, §3161], Oct. 30, 2000, 114 Stat. 1654, 1654A-470, provided that:

"(a) Establishment.—The Administrator for Nuclear Security shall establish a Technology Infrastructure Pilot Program in accordance with this section.

"(b) Purpose.—The purpose of the program shall be to explore new methods of collaboration and improvements in the management and effectiveness of collaborative programs carried out by the national security laboratories and nuclear weapons production facilities in partnership with private industry and institutions of higher education and to improve the ability of those laboratories and facilities to support missions of the Administration.

"(c) Funding.—(1) Except as provided in paragraph (2), funding shall be available for the pilot program only to the extent of specific authorizations and appropriations enacted after the date of the enactment of this Act [Oct. 30, 2000].

"(2) From amounts available in fiscal years 2001 and 2002 for technology partnership programs of the Administration, the Administrator may allocate to carry out the pilot program not more than $5,000,000.

"(d) Project Requirements.—A project may not be approved for the pilot program unless the project meets the following requirements:

"(1) The participants in the project include—

"(A) a national security laboratory or nuclear weapons production facility; and

"(B) one or more of the following:

"(i) A business.

"(ii) An institution of higher education.

"(iii) A nonprofit institution.

"(iv) An agency of a State, local, or tribal government.

"(2)(A) Not less than 50 percent of the costs of the project are to be provided by non-Federal sources.

"(B)(i) The calculation of the amount of the costs of the project provided by non-Federal sources shall include cash, personnel, services, equipment, and other resources expended on the project.

"(ii) No funds or other resources expended before the start of the project or outside the project's scope of work may be credited toward the costs provided by non-Federal sources to the project.

"(3) The project (other than in the case of a project under which the participating laboratory or facility receives funding under this section) shall be competitively selected by that laboratory or facility using procedures determined to be appropriate by the Administrator.

"(4) No Federal funds shall be made available under this section for—

"(A) construction; or

"(B) any project for more than five years.

"(e) Selection Criteria.—(1) The projects selected for the pilot program shall—

"(A) stimulate the development of technology expertise and capabilities in private industry and institutions of higher education that can support the nuclear weapons and nuclear nonproliferation missions of the national security laboratories and nuclear weapons production facilities on a continuing basis;

"(B) improve the ability of those laboratories and facilities [to] benefit from commercial research, technology, products, processes, and services that can support the nuclear weapons and nuclear nonproliferation missions of those laboratories and facilities on a continuing basis; and

"(C) encourage the exchange of scientific and technological expertise between those laboratories and facilities and—

"(i) institutions of higher education;

"(ii) technology-related business concerns;

"(iii) nonprofit institutions; and

"(iv) agencies of State, tribal, or local governments;

that can support the missions of those laboratories and facilities.

"(2) The Administrator may authorize the provision of Federal funds for a project under this section only if the director of the laboratory or facility managing the project determines that the project is likely to improve the ability of that laboratory or facility to achieve technical success in meeting nuclear weapons and nuclear nonproliferation missions of the Administration.

"(3) The Administrator shall require the director of the laboratory or facility to consider the following criteria in selecting a project to receive Federal funds:

"(A) The potential of the project to succeed, based on its technical merit, team members, management approach, resources, and project plan.

"(B) The potential of the project to promote the development of a commercially sustainable technology, determined by considering whether the project will derive sufficient demand for its products or services from the private sector to support the nuclear weapons and nuclear nonproliferation missions of the participating laboratory or facility on a continuing basis.

"(C) The potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating laboratory or facility to achieve its nuclear weapons and nuclear nonproliferation missions.

"(D) The commitment shown by non-Federal organizations to the project, based primarily on the nature and amount of the financial and other resources they will risk on the project.

"(E) The extent to which the project involves a wide variety and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the nuclear weapons and nuclear nonproliferation missions of the participating laboratory or facility on a continuing basis and that will make substantive contributions to achieving the goals of the project.

"(F) The extent of participation in the project by agencies of State, tribal, or local governments that will make substantive contributions to achieving the goals of the project.

"(G) The extent to which the project focuses on promoting the development of technology-related business concerns that are small business concerns or involves small business concerns substantively in the project.

"(f) Implementation Plan.—No funds may be allocated for the pilot program until 30 days after the date on which the Administrator submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for the implementation of the pilot program. The plan shall, at a minimum—

"(1) identify the national security laboratories and nuclear weapons production facilities that have been designated by the Administrator to participate in the pilot program; and

"(2) with respect to each laboratory or facility identified under paragraph (1)—

"(A) identify the businesses, institutions of higher education, nonprofit institutions, and agencies of State, local, or tribal government that are expected to participate in the pilot program at that laboratory or facility;

"(B) identify the technology areas to be addressed by the pilot program at that laboratory or facility and the manner in which the pilot program will support high-priority missions of that laboratory or facility on a continuing basis; and

"(C) describe the management controls that have been put into place to ensure that the pilot program as conducted at that laboratory or facility is conducted in a cost-effective manner consistent with the objectives of the pilot program.

"(g) Report on Implementation.—(1) Not later than February 1, 2002, the Administrator shall submit to the congressional defense committees a report on the implementation and management of the pilot program. The report shall take into consideration the results of the pilot program to date and the views of the directors of the participating laboratories and facilities. The report shall include any recommendations the Administrator may have concerning the future of the pilot program.

"(2) Not later than 30 days after the date on which the Administrator submits the report required by paragraph (1), the Comptroller General shall submit to the congressional defense committees a report containing the Comptroller General's assessment of that report."

[For definitions of "national security laboratory" and "nuclear weapons production facility" as used in section 1 [div. C, title XXXI, §3161] of Pub. L. 106–398, set out above, see section 1 [div. C, title XXXI, §3165] of Pub. L. 106–398, set out as a note under section 2401 of this title.]

§2403. Principal Deputy Administrator for Nuclear Security

(a) In general

(1) There is in the Administration a Principal Deputy Administrator, who is appointed by the President, by and with the advice and consent of the Senate.

(2) The Principal Deputy Administrator shall be appointed from among persons who have extensive background in organizational management and are well qualified to manage the nuclear weapons, nonproliferation, and materials disposition programs of the Administration in a manner that advances and protects the national security of the United States.

(b) Duties

Subject to the authority, direction, and control of the Administrator, the Principal Deputy Administrator shall perform such duties and exercise such powers as the Administrator may prescribe, including the coordination of activities among the elements of the Administration. The Principal Deputy Administrator shall act for, and exercise the powers of, the Administrator when the Administrator is disabled or the position of Administrator is vacant.

(Pub. L. 106–65, div. C, title XXXII, §3213, as added Pub. L. 107–107, div. C, title XXXI, §3141(a)(2), Dec. 28, 2001, 115 Stat. 1370.)

Prior Provisions

A prior section 2403, Pub. L. 106–65, div. C, title XXXII, §3213, Oct. 5, 1999, 113 Stat. 958; Pub. L. 106–398, §1 [div. C, title XXXI, §3157], Oct. 30, 2000, 114 Stat. 1654, 1654A-468, which related to status of Administration and contractor personnel within Department of Energy, was renumbered section 3220 of Pub. L. 106–65, by Pub. L. 107–107, div. C, title XXXI, §3141(a)(1), Dec. 28, 2001, 115 Stat. 1369, and transferred to section 2410 of this title.

§2404. Deputy Administrator for Defense Programs

(a) In general

There is in the Administration a Deputy Administrator for Defense Programs, who is appointed by the President, by and with the advice and consent of the Senate.

(b) Duties

Subject to the authority, direction, and control of the Administrator, the Deputy Administrator for Defense Programs shall perform such duties and exercise such powers as the Administrator may prescribe, including the following:

(1) Maintaining and enhancing the safety, reliability, and performance of the United States nuclear weapons stockpile, including the ability to design, produce, and test, in order to meet national security requirements.

(2) Directing, managing, and overseeing the nuclear weapons production facilities and the national security laboratories.

(3) Directing, managing, and overseeing assets to respond to incidents involving nuclear weapons and materials.

(Pub. L. 106–65, div. C, title XXXII, §3214, Oct. 5, 1999, 113 Stat. 959; Pub. L. 107–107, div. C, title XXXI, §3142, Dec. 28, 2001, 115 Stat. 1370.)

Amendments

2001—Subsec. (c). Pub. L. 107–107 struck out heading and text of subsec. (c). Text read as follows: "The head of each national security laboratory and nuclear weapons production facility shall, consistent with applicable contractual obligations, report to the Deputy Administrator for Defense Programs."

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2405. Deputy Administrator for Defense Nuclear Nonproliferation

(a) In general

There is in the Administration a Deputy Administrator for Defense Nuclear Nonproliferation, who is appointed by the President, by and with the advice and consent of the Senate.

(b) Duties

Subject to the authority, direction, and control of the Administrator, the Deputy Administrator for Defense Nuclear Nonproliferation shall perform such duties and exercise such powers as the Administrator may prescribe, including the following:

(1) Preventing the spread of materials, technology, and expertise relating to weapons of mass destruction.

(2) Detecting the proliferation of weapons of mass destruction worldwide.

(3) Eliminating inventories of surplus fissile materials usable for nuclear weapons.

(4) Providing for international nuclear safety.

(Pub. L. 106–65, div. C, title XXXII, §3215, Oct. 5, 1999, 113 Stat. 959.)

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2406. Deputy Administrator for Naval Reactors

(a) In general

(1) There is in the Administration a Deputy Administrator for Naval Reactors. The director of the Naval Nuclear Propulsion Program provided for under the Naval Nuclear Propulsion Executive Order shall serve as the Deputy Administrator for Naval Reactors.

(2) Within the Department of Energy, the Deputy Administrator shall report to the Secretary of Energy through the Administrator and shall have direct access to the Secretary and other senior officials in the Department.

(b) Duties

The Deputy Administrator shall be assigned the responsibilities, authorities, and accountability for all functions of the Office of Naval Reactors under the Naval Nuclear Propulsion Executive Order.

(c) Effect on Executive Order

Except as otherwise specified in this section and notwithstanding any other provision of this chapter, the provisions of the Naval Nuclear Propulsion Executive Order remain in full force and effect until changed by law.

(d) Naval Nuclear Propulsion Executive Order

As used in this section, the Naval Nuclear Propulsion Executive Order is Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note1 (as in force pursuant to section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98–525; 42 U.S.C. 7158 note)).1

(Pub. L. 106–65, div. C, title XXXII, §3216, Oct. 5, 1999, 113 Stat. 959.)

References in Text

Executive Order No. 12344, referred to in subsec. (d), is set out as a note under section 2511 of this title.

Section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98–525), referred to in subsec. (d), was formerly set out as a note under section 7158 of Title 42, The Public Health and Welfare, and was renumbered section 4101 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, §3141(d)(2), Nov. 24, 2003, 117 Stat. 1757. Section 4101 of Pub. L. 107–314 is classified to section 2511 of this title.

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

1 See References in Text note below.

§2407. General Counsel

There is a General Counsel of the Administration. The General Counsel is the chief legal officer of the Administration.

(Pub. L. 106–65, div. C, title XXXII, §3217, Oct. 5, 1999, 113 Stat. 960.)

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2408. Staff of Administration

(a) In general

The Administrator shall maintain within the Administration sufficient staff to assist the Administrator in carrying out the duties and responsibilities of the Administrator.

(b) Responsibilities

The staff of the Administration shall perform, in accordance with applicable law, such of the functions of the Administrator as the Administrator shall prescribe. The Administrator shall assign to the staff responsibility for the following functions:

(1) Personnel.

(2) Legislative affairs.

(3) Public affairs.

(4) Liaison with the Department of Energy's Office of Intelligence and Counterintelligence.

(5) Liaison with other elements of the Department of Energy and with other Federal agencies, State, tribal, and local governments, and the public.

(Pub. L. 106–65, div. C, title XXXII, §3218, Oct. 5, 1999, 113 Stat. 960; Pub. L. 109–364, div. C, title XXXI, §3117(e), Oct. 17, 2006, 120 Stat. 2508.)

Amendments

2006—Subsec. (b)(4), (5). Pub. L. 109–364 added par. (4) and redesignated former par. (4) as (5).

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2409. Scope of authority of Secretary of Energy to modify organization of Administration

Notwithstanding the authority granted by section 7253 of title 42 or any other provision of law, the Secretary of Energy may not establish, abolish, alter, consolidate, or discontinue any organizational unit or component, or transfer any function, of the Administration, except as authorized by subsection (b) or (c) of section 2481 of this title.

(Pub. L. 106–65, div. C, title XXXII, §3219, as added Pub. L. 106–377, §1(a)(2) [title III, §314(a)], Oct. 27, 2000, 114 Stat. 1441, 1441A-81.)

§2410. Status of Administration and contractor personnel within Department of Energy

(a) Status of Administration personnel

Each officer or employee of the Administration—

(1) shall be responsible to and subject to the authority, direction, and control of—

(A) the Secretary acting through the Administrator and consistent with section 7132(c)(3) of title 42;

(B) the Administrator; or

(C) the Administrator's designee within the Administration; and


(2) shall not be responsible to, or subject to the authority, direction, or control of, any other officer, employee, or agent of the Department of Energy.

(b) Status of contractor personnel

Each officer or employee of a contractor of the Administration shall not be responsible to, or subject to the authority, direction, or control of, any officer, employee, or agent of the Department of Energy who is not an employee of the Administration, except for the Secretary of Energy consistent with section 7132(c)(3) of title 42.

(c) Construction of section

Subsections (a) and (b) may not be interpreted to in any way preclude or interfere with the communication of technical findings derived from, and in accord with, duly authorized activities between—

(1) the head, or any contractor employee, of a national security laboratory or of a nuclear weapons production facility; and

(2) the Department of Energy, the President, or Congress.

(d) Prohibition on dual office holding

Except in accordance with sections 2402(a)(2) and 2406(a)(1) of this title:

(1) An individual may not concurrently hold or carry out the responsibilities of—

(A) a position within the Administration; and

(B) a position within the Department of Energy not within the Administration.


(2) No funds appropriated or otherwise made available for any fiscal year may be used to pay, to an individual who concurrently holds or carries out the responsibilities of a position specified in paragraph (1)(A) and a position specified in paragraph (1)(B), the basic pay, salary, or other compensation relating to any such position.

(e) Status of intelligence and counterintelligence personnel

Notwithstanding the restrictions of subsections (a) and (b), each officer or employee of the Administration, or of a contractor of the Administration, who is carrying out activities related to intelligence or counterintelligence shall, in carrying out those activities, be subject to the authority, direction, and control of the Secretary of Energy or the Secretary's delegate.

(Pub. L. 106–65, div. C, title XXXII, §3220, formerly §3213, Oct. 5, 1999, 113 Stat. 958; Pub. L. 106–398, §1 [div. C, title XXXI, §3157], Oct. 30, 2000, 114 Stat. 1654, 1654A-468; renumbered §3220, Pub. L. 107–107, div. C, title XXXI, §3141(a)(1), Dec. 28, 2001, 115 Stat. 1370; Pub. L. 109–364, div. C, title XXXI, §3117(a)(2)(B), (d), Oct. 17, 2006, 120 Stat. 2507, 2508; Pub. L. 111–84, div. C, title XXXI, §3121, Oct. 28, 2009, 123 Stat. 2710; Pub. L. 113–66, div. C, title XXXI, §3145(b), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 113–291, div. C, title XXXI, §3143(a), Dec. 19, 2014, 128 Stat. 3902.)

Codification

Section was formerly classified to section 2403 of this title.

Amendments

2014—Subsec. (c). Pub. L. 113–291 substituted "activities between—" for "activities between" before par. (1) designation and "; and" for ", and" at end of par. (1) and realigned margins of pars. (1) and (2).

2013—Subsecs. (a)(1)(A), (b). Pub. L. 113–66 made technical amendment to reference in original act which appears in text as reference to section 7132(c)(3) of title 42.

2009—Subsec. (e). Pub. L. 111–84 amended Pub. L. 109–364, §3117(a). See 2006 Amendment note below.

2006—Subsec. (e). Pub. L. 109–364, §3117(a), which, in par. (2), directed repeal of subsec. (e) effective Sept. 30, 2010, was amended generally by Pub. L. 111–84, and as so amended, no longer contains a par. (2) or amends this section.

Pub. L. 109–364, §3117(d), added subsec. (e).

2000—Subsec. (a). Pub. L. 106–398, §1 [div. C, title XXXI, §3157(1)], struck out "Administration, in carrying out any function of the" after "employee of the" in introductory provisions.

Subsec. (b). Pub. L. 106–398, §1 [div. C, title XXXI, §3157(2)], struck out ", in carrying out any function of the Administration," after "contractor of the Administration".

Subsec. (d). Pub. L. 106–398, §1 [div. C, title XXXI, §3157(3)], added subsec. (d).

Effective Date

Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.

§2411. Director for Cost Estimating and Program Evaluation

(a) Establishment

(1) There is in the Administration a Director for Cost Estimating and Program Evaluation (in this section referred to as the "Director").

(2) The position of the Director shall be a Senior Executive Service position (as defined in section 3132(a) of title 5).

(b) Duties

(1) The Director shall be the principal advisor to the Administrator, the Deputy Secretary of Energy, and the Secretary of Energy with respect to cost estimation and program evaluation for the Administration. The Director shall report directly to the Administrator.

(2) The Administrator may not delegate responsibility for receiving or acting on communications from the Director with respect to cost estimation and program evaluation for the Administration.

(c) Activities for cost estimation

(1) The Director shall be the responsible for the following activities relating to cost estimation:

(A) Advising the Administrator on policies and procedures for cost analysis and estimation by the Administration, including the determination of confidence levels with respect to cost estimates.

(B) Reviewing cost estimates and evaluating the performance baseline for each major atomic energy defense acquisition program.

(C) Advising the Administrator on policies and procedures for developing technology readiness assessments for major atomic energy defense acquisition programs that are consistent with the guidelines of the Department of Energy for technology readiness assessments.

(D) Reviewing technology readiness assessments for such programs to ensure that such programs are meeting levels of confidence associated with appropriate overall system performance.

(E) As directed by the Administrator, conducting independent cost estimates for such programs.


(2) A review, evaluation, or cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1) shall be considered an inherently governmental function, but the Director may use data collected by a national security laboratory or a management and operating contractor of the Administration in conducting such a review, evaluation, or cost estimate.

(3) The Director shall submit in writing to the Administrator the following:

(A) The certification of the Director with respect to each review, evaluation, and cost estimate conducted under subparagraph (B), (D), or (E) of paragraph (1).

(B) A statement of the confidence level of the Director with respect to each such review, evaluation, and cost estimate, including an identification of areas of uncertainty, risk, and opportunity discovered in conducting each such review, evaluation, and cost estimate.

(d) Activities for program evaluation

(1) The Director shall be responsible for the following activities relating to program evaluation:

(A) Reviewing and commenting on policies and procedures for setting requirements for the future-years nuclear security program under section 2453 of this title and for prioritizing and estimating the funding required by the Administration for that program.

(B) Reviewing the future-years nuclear security program on an annual basis to ensure that the program is accurate and thorough.

(C) Advising the Administrator on policies and procedures for analyses of alternatives for major atomic energy defense acquisition programs.

(D) As part of the planning, programming, and budgeting process of the Administration under sections 2451 and 2452 of this title, analyzing the planning phase of that process, advising on programmatic and fiscal year guidance, and managing the program review phase of that process.

(E) Developing and managing the submittal of the Selected Acquisition Reports and independent cost estimates on nuclear weapons systems undergoing major life extension under section 2537 of this title.

(F) Reviewing cost and schedule baselines for projects under section 2753 of this title and managing notifications to the congressional defense committees of cost overruns under that section.


(2) A review conducted under paragraph (1)(B) shall be considered an inherently governmental function, but the Director may use data collected by a national security laboratory or a management and operating contractor of the Administration in conducting such a review.

(3) The Director shall submit to Congress a report on any major programmatic deviations from the future-years nuclear security program discovered in conducting a review under paragraph (1)(B) at or about the time the budget of the President is submitted to Congress under section 1105(a) of title 31 for the next fiscal year.

(e) Data collection and accessibility

The Administrator, acting through the Director, shall, as appropriate, seek to use procedures, processes, and policies for collecting cost data and making that data accessible that are similar to the procedures, processes, and policies used by the Defense Cost Analysis Resource Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense for those purposes.

(f) Staff

The Administrator shall ensure that the Director has sufficient numbers of personnel who have competence in technical matters, budgetary matters, cost estimation, technology readiness analysis, and other appropriate matters to carry out the functions required by this section.

(g) Reports by Director

The Director shall submit to Congress at or about the time that the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31 for each of fiscal years 2015 through 2018, a report that includes the following:

(1) A description of activities conducted by the Director during the calendar year preceding the submission of the report that are related to the duties and activities described in this section.

(2) A list of all major atomic energy defense acquisition programs and a concise description of the status of each such program and project in meeting cost and critical schedule milestones.

(h) Rule of Construction

Nothing in this section shall be construed to require duplicate reviews or cost estimates for major atomic energy defense acquisition programs by the Administration or other elements of the Department of Energy.

(i) Definitions

In this section:

(1) Administration

The term "Administration", with respect to any authority, duty, or responsibility provided by this section, does not include the Office of Naval Reactors.

(2) Major atomic energy defense acquisition program

The term "major atomic energy defense acquisition program" means an atomic energy defense acquisition program of the Administration—

(A) the total project cost of which is more than $500,000,000; or

(B) the total lifetime cost of which is more than $1,000,000,000.

(3) Performance baseline

The term "performance baseline", with respect to a major atomic energy defense acquisition program, means the key parameters with respect to performance, scope, cost, and schedule for the project budget of the program.

(Pub. L. 106–65, div. C, title XXXII, §3221, as added Pub. L. 113–66, div. C, title XXXI, §3112(a)(1), Dec. 26, 2013, 127 Stat. 1050; amended Pub. L. 113–291, div. C, title XXXI, §3117, Dec. 19, 2014, 128 Stat. 3889; Pub. L. 115–232, div. C, title XXXI, §3113(a), Aug. 13, 2018, 132 Stat. 2290; Pub. L. 116–92, div. C, title XXXI, §3113(a), Dec. 20, 2019, 133 Stat. 1950.)

Amendments

2019—Subsec. (b)(1). Pub. L. 116–92 inserted "The Director shall report directly to the Administrator." at end.

2018—Subsecs. (h), (i). Pub. L. 115–232, §3113(a)(1), (2), added subsec. (h) and redesignated former subsec. (h) as (i).

Subsec. (i)(2). Pub. L. 115–232, §3113(a)(3), struck out subpar. (A) designation and heading "In general", substituted "The term" for "Except as provided in subparagraph (B), the term", redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, realigned margins, and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: "The term 'major atomic energy defense acquisition program' does not include a project covered by Department of Energy Order 413.3 (or a successor order) for the acquisition of capital assets for atomic energy defense activities."

2014—Subsec. (h)(1) to (3). Pub. L. 113–291 added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.

Effective Date of 2018 Amendment

Pub. L. 115–232, div. C, title XXXI, §3113(b), Aug. 13, 2018, 132 Stat. 2290, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date that is 18 months after the date of the enactment of this Act [Aug. 13, 2018]."