50 U.S.C. § 2411 — Director for Cost Estimating and Program

Page 402 TITLE 50—WAR AND NATIONAL DEFENSE § 2411 (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 sub- sections (a) and (b), each officer or employee of the Administration, or of a contractor of the Ad- ministration, who is carrying out activities re- lated 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, for- merly § 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.) Editorial Notes CODIFICATION Section was formerly classified to section 2403 of this title. AMENDMENTS 2014—Subsec. (c). Pub. L. 113–291 substituted ‘‘activi- ties 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 tech- nical amendment to reference in original act which ap- pears 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 car- rying 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 Adminis- tration’’. Subsec. (d). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3157(3)], added subsec. (d). Statutory Notes and Related Subsidiaries 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 Sen- ior Executive Service position (as defined in sec- tion 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 re- spect to cost estimation and program evaluation for the Administration. The Director shall re- port directly to the Administrator. (2) The Administrator may not delegate re- sponsibility for receiving or acting on commu- nications from the Director with respect to cost estimation and program evaluation for the Ad- ministration. (c) Activities for cost estimation (1) The Director shall be the responsible for the following activities relating to cost esti- mation: (A) Advising the Administrator on policies and procedures for cost analysis and esti- mation by the Administration, including the determination of confidence levels with re- spect to cost estimates. (B) Reviewing cost estimates and evaluating the performance baseline for each major atom- ic energy defense acquisition program. (C) Advising the Administrator on policies and procedures for developing technology readiness assessments for major atomic en- ergy defense acquisition programs that are consistent with the guidelines of the Depart- ment of Energy for technology readiness as- sessments. (D) Reviewing technology readiness assess- ments for such programs to ensure that such programs are meeting levels of confidence as- sociated with appropriate overall system per- formance. (E) As directed by the Administrator, con- ducting independent cost estimates for such programs. (2) A review, evaluation, or cost estimate con- ducted 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 labora- tory or a management and operating contractor of the Administration in conducting such a re- view, evaluation, or cost estimate. Page 403 TITLE 50—WAR AND NATIONAL DEFENSE § 2411 (3) The Director shall submit in writing to the Administrator the following: (A) The certification of the Director with re- spect to each review, evaluation, and cost esti- mate 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 evalua- tion: (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 re- quired by the Administration for that pro- gram. (B) Reviewing the future-years nuclear secu- rity 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 pro- grams. (D) As part of the planning, programming, and budgeting process of the Administration under sections 2451 and 2452 of this title, ana- lyzing the planning phase of that process, ad- vising on programmatic and fiscal year guid- ance, and managing the program review phase of that process. (E) Developing and managing the submittal of the Selected Acquisition Reports and inde- pendent 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 col- lected 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 re- port on any major programmatic deviations from the future-years nuclear security program discovered in conducting a review under para- graph (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 Direc- tor, shall, as appropriate, seek to use proce- dures, 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 Cen- ter of the Office of Cost Assessment and Pro- gram Evaluation of the Department of Defense for those purposes. (f) Staff The Administrator shall ensure that the Di- rector has sufficient numbers of personnel who have competence in technical matters, budg- etary matters, cost estimation, technology read- iness 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 fol- lowing: (1) A description of activities conducted by the Director during the calendar year pre- ceding 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 mile- stones. (h) Rule of Construction Nothing in this section shall be construed to require duplicate reviews or cost estimates for major atomic energy defense acquisition pro- grams 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 ac- quisition program’’ means an atomic energy defense acquisition program of the Adminis- tration— (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 re- spect to a major atomic energy defense acqui- sition program, means the key parameters with respect to performance, scope, cost, and schedule for the project budget of the pro- gram. (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.) Editorial Notes AMENDMENTS 2019—Subsec. (b)(1). Pub. L. 116–92 inserted ‘‘The Di- rector shall report directly to the Administrator.’’ at end. Page 404 TITLE 50—WAR AND NATIONAL DEFENSE § 2412 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’’, sub- stituted ‘‘The term’’ for ‘‘Except as provided in sub- paragraph (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. Statutory Notes and Related Subsidiaries 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].’’ § 2412. Cybersecurity Risk Inventory, Assess- ment, and Mitigation Working Group (a) Establishment There is in the Administration a working group, to be known as the ‘‘Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group’’ (referred to in this section as the ‘‘work- ing group’’). (b) Membership Members of the working group shall include— (1) the Deputy Administrator for Defense Programs; (2) the Associate Administrator for Informa- tion Management and Chief Information Offi- cer; and (3) such other personnel of the Administra- tion as are determined appropriate for inclu- sion in the working group by the Chairperson. (c) Chairperson The Deputy Administrator for Defense Pro- grams shall serve as the Chairperson of the working group, except that the Administrator may designate another member of the working group to serve as Chairperson in lieu of the Dep- uty Administrator if the Administrator deter- mines it is appropriate to do so. (d) Comprehensive strategy The working group shall prepare a comprehen- sive strategy for inventorying the range of sys- tems of the Administration that are potentially at risk in the operational technology and nu- clear weapons information technology environ- ments, assessing the systems at risk based on mission impact, and implementing risk mitiga- tion actions. Such strategy shall incorporate key elements of effective cybersecurity risk management strategies, as identified by the Government Accountability Office, including the specification of— (1) goals, objectives, activities, and perform- ance measures; (2) organizational roles, responsibilities, and coordination; (3) resources needed to implement the strat- egy through 2034; and (4) detailed milestones and schedules for completion of tasks. (e) Submission to Congress (1) Interim briefing Not later than 120 days after December 22, 2023, the working group shall provide to the congressional defense committees a briefing on the plan of the working group to develop the strategy required under subsection (d). (2) Completed strategy Not later than April 1, 2025, the working group shall submit the congressional defense committees a copy of the completed strategy. (f) Termination The working group shall terminate on a date determined by the Administrator that is not earlier than the date that is five years after De- cember 22, 2023. (Pub. L. 106–65, div. C, title XXXII, § 3222, as added Pub. L. 118–31, div. C, title XXXI, § 3113, Dec. 22, 2023, 137 Stat. 789.) SUBCHAPTER II—MATTERS RELATING TO SECURITY § 2421. Protection of national security informa- tion (a) Policies and procedures required The Administrator shall establish procedures to ensure the maximum protection of classified information in the possession of the Administra- tion. (b) Prompt reporting The Administrator shall establish procedures to ensure prompt reporting to the Administrator of any significant problem, abuse, violation of law or Executive order, or deficiency relating to the management of classified information by personnel of the Administration. (Pub. L. 106–65, div. C, title XXXII, § 3231, Oct. 5, 1999, 113 Stat. 960.) Statutory Notes and Related Subsidiaries 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. § 2422. Office of Defense Nuclear Security (a) Establishment There is within the Administration an Office of Defense Nuclear Security, headed by a Chief appointed by the Secretary of Energy. The Ad- ministrator shall recommend to the Secretary suitable candidates for such position. (b) Chief of Defense Nuclear Security (1) The head of the Office of Defense Nuclear Security is the Chief of Defense Nuclear Secu- rity, who shall report to the Administrator and shall implement the security policies directed by the Secretary and Administrator. (2) The Chief shall have direct access to the Secretary and all other officials of the Depart- ment and the contractors of the Department concerning security matters.