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50 U.S.C. § 2402 — Administrator for Nuclear Security
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7132&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2406/b&num=0&edition=prelim)), 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 and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents.
(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, supervi
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Source file: Laws/federal/codes/united-states-code/title-50/section-2402-administrator-for-nuclear-security--833504c7b9.md
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Source location: Title 50, Chapter 41, § 2402; chapter-041-national-nuclear-security-administration.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7132&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2406/b&num=0&edition=prelim)), 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 and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim).
(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.
(20) Information resources management, including cybersecurity.
**(c) Procurement authority** The Administrator is the senior procurement executive for the Administration for the purposes of [section 1702(c) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section179&num=0&edition=prelim).
**(f) Reorganization authority** Except as provided by subsections (b) and (c) of [section 2481 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2481&num=0&edition=prelim):
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; Membership.—** There is a Nuclear Weapons Council (hereinafter in this section referred to as the “Council”) operated as a joint activity of the Department of Defense and the Department of Energy. The Council shall be the primary mechanism for integrating, streamlining, and ensuring unity of purpose and direction for nuclear deterrence related activities within the Department of Defense and the Department of Energy. The membership of the Council is comprised of the following officers of those departments:
(1) The Under Secretary of Defense for Acquisition and Sustainment.
(2) The Vice Chairman of the Joint Chiefs of Staff.
(3) The Under Secretary for Nuclear Security of the Department of Energy.
(4) The Under Secretary of Defense for Research and Engineering.
(5) The Under Secretary of Defense for Policy.
(6) The Commander of the United States Strategic Command.
**(b) Chairman; Meetings.—**
(1) Except as provided in paragraph (2), the Chairman of the Council shall be the member designated under subsection (a)(1).
(2) A meeting of the Council shall be chaired by the Under Secretary for Nuclear Security of the Department of Energy whenever the matter under consideration is within the primary responsibility or concern of the Department of Energy, as determined by majority vote of the Council.
(3) The Council shall meet not less often than once every three months. To the extent possible, not later than seven days before a meeting, the Chairman shall disseminate to each member of the Council the agenda and documents for such meeting.
**(c) Staff and Administrative Services; Staff Director.—**
(1) The Secretary of Defense and the Secretary of Energy shall enter into an agreement with the Council to furnish necessary staff and administrative se
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 179
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this subpart:
(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 ([50 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3001&num=0&edition=prelim) note), Executive Order No. 12958 of April 17, 1995 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note),11 See References in Text note below. Executive Order No. 13526 of December 29, 2009 ([50 U.S.C. 3161](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) note), or successor orders, to require protection against unauthorized disclosure and that is so designated.
(4) 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 section 318 of the Atomic Energy Act of 1954 ([42 U.S.C. 2286g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2286g&num=0&edition=prelim)).
(5) The term “nuclear security enterprise” means the physical facilities, technology, and human capital of the national security laboratories and the nuclear weapons production facilities.
(6) 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.
(7)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission to Congress** The Administrator shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress that year under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), a future-years nuclear security program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years nuclear security program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.
**(b) Elements** Each future-years nuclear security program shall contain the following:
(1) A detailed description of the program elements (and the projects, activities, and construction projects associated with each such program element) during the applicable five-fiscal-year period for at least each of the following:
(A) For defense programs—
(i) directed stockpile work;
(ii) campaigns;
(iii) readiness in technical base and facilities; and
(iv) secure transportation asset.
(B) For defense nuclear nonproliferation—
(i) nonproliferation and verification, research, and development;
(ii) arms control; and
(iii) fissile materials disposition.
(C) For naval reactors, naval reactors operations and maintenance.
(2) A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support each program element specified pursuant to paragraph (1).
(3) 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 hel
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2453
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transfers** There are hereby transferred to the Administrator all national security functions and activities performed immediately before October 5, 1999, by the following elements of the Department of Energy:
(1) The Office of Defense Programs.
(2) The Office of Nonproliferation and National Security.
(3) The Office of Fissile Materials Disposition.
(4) The nuclear weapons production facilities.
(5) The national security laboratories.
(6) The Office of Naval Reactors.
**(b) Authority to transfer additional functions** The Secretary of Energy may transfer to the Administrator any other facility, mission, or function that the Secretary, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.
**(c) Environmental remediation and waste management activities** In the case of any environmental remediation and waste management activity of any element of the Administration, the Secretary of Energy may determine to transfer responsibility for that activity to another element of the Department.
**(d) Transfer of funds**
(1) Any balance of appropriations that the Secretary of Energy determines is available and needed to finance or discharge a function, power, or duty or an activity that is transferred to the Administration shall be transferred to the Administration and used for any purpose for which those appropriations were originally available. Balances of appropriations so transferred shall—
(A) be credited to any applicable appropriation account of the Administration; or
(B) be credited to a new account that may be established on the books of the Department of the Treasury;and shall be merged with the funds already credited to that account and accounted for as one fund.
(2) Balances of appr
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2481
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Federal law — U.S. Code and appendices · legal_authorities
There is established at the seat of government an executive department to be known as the Department of Energy. There shall be at the head of the Department a Secretary of Energy (hereinafter in this chapter referred to as the “Secretary”), who shall be appointed by the President by and with the advice and consent of the Senate. The Department shall be administered, in accordance with the provisions of this chapter, under the supervision and direction of the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7132
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and
(2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim).
**(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to—
(1) the provisions of this title governing appointment in the competitive service;
(2) chapter 51 and subchapter III of chapter 53 of this title; and
(3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization.
However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services.
**(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section.
**(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3109
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Federal law — U.S. Code and appendices · legal_authorities
**(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 support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, security, and safety of the United States nuclear weapons stockpile, including the ability to design, produce, and test nuclear weapons as necessary 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) fulfilling, to the maximum extent possible, the requirements for nuclear weapons of the Department of Defense;
(2) protecting the environment;
(3) safeguarding the safety and health of the public and of the workforce of the Administration; and
(4) ensuring the security of the nuclear weapons, nuclear material, and classified information in the custody of the Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Deputy Secretary** There shall be in the Department a Deputy Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Schedule under [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim). The Deputy Secretary shall act for and exercise the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Secretary becomes vacant. The Secretary shall designate the order in which the Under Secretary and other officials shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices.
**(b) Under Secretary for Science**
(1) There shall be in the Department an Under Secretary for Science, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under [section 5314 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5314&num=0&edition=prelim).
(3) The Under Secretary for Science shall be appointed from among persons who—
(A) have extensive background in scientific or engineering fields; and
(B) are well qualified to manage the civilian research and development programs of the Department.
(4) The Under Secretary for Science shall—
(A) serve as the Science and Technology Advisor to the Secretary;
(B) monitor the research and development programs of the Department in order to advise the Secretary with respect to any undesirable
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7133
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsection (b), the Secretary is authorized to establish, alter, consolidate or discontinue such organizational units or components within the Department as he may deem to be necessary or appropriate. Such authority shall not extend to the abolition of organizational units or components established by this chapter, or to the transfer of functions vested by this chapter in any organizational unit or component.
**(b)** The authority of the Secretary to establish, abolish, alter, consolidate, or discontinue any organizational unit or component of the National Nuclear Security Administration is governed by the provisions of [section 2409 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2409&num=0&edition=prelim).
**(c)** The authority of the Secretary under subsection (a) does not apply to the National Nuclear Security Administration. The corresponding authority that applies to the Administration is set forth in section 2402(e) 11 See References in Text note below. of title 50.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7254
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Federal law — U.S. Code and appendices · legal_authorities
Page 397
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2402
poses 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 weap-
ons 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 Janu-
ary 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 provi-
sions 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 amend-
ing sections 5595 and 8905a of Title 5, Government Orga-
nization 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 Secu-
rity of the Departme
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2402
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.