§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 (50 U.S.C. 2401 et seq.).
(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 section 7252 of Title 42, The Public Health and Welfare, prior to renumbering by
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 section 179 of title 10, United States Code;
"(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
"(a)
"(1) improving mission performance and effectiveness;
"(2) lowering costs and administrative burdens; and
"(3) also both-
"(A) maintaining or reducing risks; and
"(B) preserving and protecting health, safety, and security.
"(b)
"(1) The Principal Deputy Administrator for Nuclear Security, who shall serve as chair of the committee.
"(2) Government personnel representing the headquarters of the Administration.
"(3) Government personnel representing offices of facilities and sites of the Administration.
"(4) Contractor personnel representing the national security laboratories and the nuclear weapons production facilities (as those terms are defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)).
"(5) Such other personnel as the Administrator considers appropriate.
"(c)
"(1) To identify and oversee the implementation of best practices of industry in the operations of the facilities and sites of the Administration for the purposes described in subsection (a).
"(2) To conduct surveys of the facilities and sites of the Administration in order to assess the adoption, implementation, and use by such facilities and sites of best practices of industry described in subsection (a).
"(3) To carry out such other activities consistent with the duties of the committee under this subsection as the Administrator may specify for purposes of this section.
"(d)
"(1)
"(2)
"(A) A description of the activities of the committee.
"(B) The results of the surveys undertaken pursuant to subsection (c)(2).
"(C) As a result of the surveys, recommendations for modifications to the scope or applicability of regulations and orders of the Department of Energy to particular facilities and sites of the Administration in order to implement best practices of industry in the operation of such facilities and sites, including-
"(i) a list of the facilities and sites at which such regulations and orders could be so modified; and
"(ii) for each such facility and site, the manner in which the scope or applicability of such regulations and orders could be so modified.
"(D) An assessment of the progress of the Administration in implementing best practices of industry in the operations of the facilities and sites of the Administration.
"(E) An estimate of the costs to be saved as a result of the best practices of industry implemented by the Administration at the facilities and sites of the Administration, set forth by fiscal year.
"(3)
"(A) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and
"(B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
"(e)
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 (50 U.S.C. 2410); or
"(2) that would undermine or weaken health, safety, or security."
Clarification of Role of Secretary of Energy