50 U.S.C. § 2403 — Principal Deputy Administrator for Nu-

Page 399 TITLE 50—WAR AND NATIONAL DEFENSE § 2403 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 competi- tively selected by that laboratory or facility using procedures determined to be appropriate by the Ad- ministrator. ‘‘(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 ex- pertise and capabilities in private industry and insti- tutions of higher education that can support the nu- clear 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, tech- nology, products, processes, and services that can support the nuclear weapons and nuclear non- proliferation missions of those laboratories and fa- cilities on a continuing basis; and ‘‘(C) encourage the exchange of scientific and tech- nological expertise between those laboratories and fa- cilities and— ‘‘(i) institutions of higher education; ‘‘(ii) technology-related business concerns; ‘‘(iii) nonprofit institutions; and ‘‘(iv) agencies of State, tribal, or local govern- ments; 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 nu- clear nonproliferation missions of the Administration. ‘‘(3) The Administrator shall require the director of the laboratory or facility to consider the following cri- teria 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 de- velopment 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 weap- ons and nuclear nonproliferation missions of the par- ticipating laboratory or facility on a continuing basis. ‘‘(C) The potential of the project to promote the use of commercial research, technology, products, proc- esses, and services by the participating laboratory or facility to achieve its nuclear weapons and nuclear nonproliferation missions. ‘‘(D) The commitment shown by non-Federal orga- nizations to the project, based primarily on the na- ture 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-re- lated 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 allo- cated for the pilot program until 30 days after the date on which the Administrator submits to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for the implementa- tion of the pilot program. The plan shall, at a min- imum— ‘‘(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 high- er education, nonprofit institutions, and agencies of State, local, or tribal government that are expected to participate in the pilot program at that labora- tory 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 pro- gram 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 im- plementation 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 re- port shall include any recommendations the Adminis- trator may have concerning the future of the pilot pro- gram. ‘‘(2) Not later than 30 days after the date on which the Administrator submits the report required by para- graph (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 Nu- clear 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 ex- tensive background in organizational manage- ment and are well qualified to manage the nu- clear weapons, infrastructure construction and maintenance, 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 con- trol of the Administrator, the Principal Deputy Page 400 TITLE 50—WAR AND NATIONAL DEFENSE § 2404 Administrator shall perform such duties and ex- ercise such powers as the Administrator may prescribe, including the coordination of activi- ties among the elements of the Administration. The Principal Deputy Administrator shall act for, and exercise the powers of, the Adminis- trator 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; amended Pub. L. 118–159, div. C, title XXXI, § 3111(a)(2), Dec. 23, 2024, 138 Stat. 2293.) Editorial Notes 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. AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–159 inserted ‘‘infra- structure construction and maintenance,’’ after ‘‘nu- clear weapons,’’. § 2404. Deputy Administrator for Defense Pro- grams (a) In general There is in the Administration a Deputy Ad- ministrator for Defense Programs, who is ap- pointed by the President, by and with the advice and consent of the Senate. (b) Duties Subject to the authority, direction, and con- trol of the Administrator, the Deputy Adminis- trator for Defense Programs shall perform such duties and exercise such powers as the Adminis- trator may prescribe, including the following: (1) Supporting the deterrence of strategic at- tacks by maintaining and enhancing the per- formance, reliability, and security of the United States nuclear weapons stockpile, in- cluding the ability to design, produce, and test as necessary to meet national security re- quirements. (2) Directing, managing, and overseeing the nuclear weapons production facilities and the national security laboratories. (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; Pub. L. 118–31, div. C, title XXXI, § 3112(a), Dec. 22, 2023, 137 Stat. 788; Pub. L. 118–159, div. C, title XXXI, § 3111(a)(3), Dec. 23, 2024, 138 Stat. 2293.) Editorial Notes AMENDMENTS 2024—Subsec. (b)(1). Pub. L. 118–159 added par. (1) and struck out former par. (1) which read as follows: ‘‘Main- taining and enhancing the safety, reliability, and per- formance of the United States nuclear weapons stock- pile, including the ability to design, produce, and test, in order to meet national security requirements.’’ 2023—Subsec. (b)(3). Pub. L. 118–31 struck out par. (3) which read as follows: ‘‘Directing, managing, and over- seeing assets to respond to incidents involving nuclear weapons and materials.’’ 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 weap- ons production facility shall, consistent with applica- ble contractual obligations, report to the Deputy Ad- ministrator for Defense Programs.’’ 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. § 2405. Deputy Administrator for Defense Nu- clear Nonproliferation (a) In general There is in the Administration a Deputy Ad- ministrator for Defense Nuclear Nonprolifera- tion, who is appointed by the President, by and with the advice and consent of the Senate. (b) Duties Subject to the authority, direction, and con- trol of the Administrator, the Deputy Adminis- trator for Defense Nuclear Nonproliferation shall perform such duties and exercise such pow- ers as the Administrator may prescribe, includ- ing the following: (1) Preventing the spread of materials, tech- nology, 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 safe- ty. (Pub. L. 106–65, div. C, title XXXII, § 3215, Oct. 5, 1999, 113 Stat. 959.) 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. § 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 pro- vided for under the Naval Nuclear Propulsion Executive Order shall serve as the Deputy Ad- ministrator for Naval Reactors. (2) Within the Department of Energy, the Dep- uty 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 account- ability for all functions of the Office of Naval Reactors under the Naval Nuclear Propulsion Executive Order.