Browse Arkansas Code titles and sections
50 U.S.C. § 2512 — Management structure for nuclear secu-
Federal law — U.S. Code and appendices · legal_authorities
Page 424
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2512
SEC. 3. The Secretary of the Navy (through the Sec-
retary of Defense) and the Secretary of Energy shall
obtain the approval of the President to appoint the di-
rector of the Naval Nuclear Propulsion Program for
their respective Departments. The director shall be ap-
pointed to serve a term of eight years, except that the
Secretary of Energy and the Secretary of the Navy
may, with mutual concurrence, terminate or extend
the term of the respective appointments.
SEC. 4. An officer of the United States Navy ap-
pointed as director shall be nominated for the grade of
Admiral. A civilian serving as director shall be com-
pensated at a rate to be specified at the time of ap-
pointment.
SEC. 5. Within the Department of Energy, the Sec-
retary of Energy shall assign to the director the re-
sponsibility of performing the functions of the Division
of Naval Reactors transferred to the Department of En-
ergy by Section 309(a) of the Department of Energy Or-
ganization Act (42 U.S.C. 7158), including assigned civil-
ian power reactor programs, and any naval nuclear pro-
pulsion functions of the Department of Energy, includ-
ing:
(a) direct supervision over the Bettis and Knolls
Atomic Power Laboratories, the Expended Core Facil-
ity and naval reactor prototype plants;
(b) research, development, design, acquisition, speci-
fication, construction, inspection, installation, certifi-
cation, testing, overhaul, refueling, operating practices
and procedures, maintenance, supply support, and ulti-
mate disposition, of naval nuclear propulsion plants,
including components thereof, and any special mainte-
nance and service facilities related thereto;
(c) the safety of reactors and associated navel [naval]
nuclear propulsion pl
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Page 424
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2512
SEC. 3. The Secretary of the Navy (through the Sec-
retary of Defense) and the Secretary of Energy shall
obtain the approval of the President to appoint the di-
rector of the Naval Nuclear Propulsion Program for
their respective Departments. The director shall be ap-
pointed to serve a term of eight years, except that the
Secretary of Energy and the Secretary of the Navy
may, with mutual concurrence, terminate or extend
the term of the respective appointments.
SEC. 4. An officer of the United States Navy ap-
pointed as director shall be nominated for the grade of
Admiral. A civilian serving as director shall be com-
pensated at a rate to be specified at the time of ap-
pointment.
SEC. 5. Within the Department of Energy, the Sec-
retary of Energy shall assign to the director the re-
sponsibility of performing the functions of the Division
of Naval Reactors transferred to the Department of En-
ergy by Section 309(a) of the Department of Energy Or-
ganization Act (42 U.S.C. 7158), including assigned civil-
ian power reactor programs, and any naval nuclear pro-
pulsion functions of the Department of Energy, includ-
ing:
(a) direct supervision over the Bettis and Knolls
Atomic Power Laboratories, the Expended Core Facil-
ity and naval reactor prototype plants;
(b) research, development, design, acquisition, speci-
fication, construction, inspection, installation, certifi-
cation, testing, overhaul, refueling, operating practices
and procedures, maintenance, supply support, and ulti-
mate disposition, of naval nuclear propulsion plants,
including components thereof, and any special mainte-
nance and service facilities related thereto;
(c) the safety of reactors and associated navel [naval]
nuclear propulsion plants, and control of radiation and
radioactivity associated with naval nuclear propulsion
activities, including prescribing and enforcing stand-
ards and regulations for these areas as they affect the
environment and the safety and health of workers, op-
erators, and the general public;
(d) training, including training conducted at the
naval prototype reactors of the Department of Energy,
and assistance and concurrence in the selection, train-
ing, qualification, and assignment of personnel report-
ing to the director and of personnel who supervise, op-
erate, or maintain naval nuclear propulsion plants; and
(e) administration of the Naval Nuclear Propulsion
Program, including oversight of program support in
areas such as security, nuclear safeguards and trans-
portation, public information, procurement, logistics
and fiscal management.
SEC. 6. Within the Department of Energy, the director
shall report to the Secretary of Energy, through the
Assistant Secretary assigned nuclear energy functions
and shall serve as a Deputy Assistant Secretary. The
director shall have direct access to the Secretary of En-
ergy and other senior officials in the Department of En-
ergy concerning naval nuclear propulsion matters, and
to all other personnel who supervise, operate or main-
tain naval nuclear propulsion plants and support facili-
ties for the Department of Energy.
SEC. 7. Within the Department of the Navy, the Sec-
retary of the Navy shall assign to the director responsi-
bility to supervise all technical aspects of the Navy’s
nuclear propulsion work, including:
(a) research, development, design, procurement, spec-
ification, construction, inspection, installation, certifi-
cation, testing, overhaul, refueling, operating practices
and procedures, maintenance, supply support, and ulti-
mate disposition, of naval nuclear propulsion plants,
including components thereof, and any special mainte-
nance and service facilities related thereto; and
(b) training programs, including Nuclear Power
Schools of the Navy, and assistance and concurrence in
the selection, training, qualification, and assignment
of personnel reporting to the director and of Govern-
ment personnel who supervise, operate, or maintain
naval nuclear propulsion plants.
SEC. 8. Within the Department of the Navy, the Sec-
retary of the Navy shall assign to the director responsi-
bility within the Navy for:
(a) the safety of reactors and associated naval nu-
clear propulsion plants, and control of radiation and ra-
dioactivity associated with naval nuclear propulsion
activities, including prescribing and enforcing stand-
ards and regulations for these areas as they affect the
environment and the safety and health of workers, op-
erators, and the general public.
(b) administration of the Naval Nuclear Propulsion
Program, including oversight of program support in
areas such as security, nuclear safeguards and trans-
portation, public information, procurement, logistics,
and fiscal management.
SEC. 9. In addition to any other organizational assign-
ments within the Department of the Navy, the director
shall report directly to the Chief of Naval Operations.
The director shall have direct access to the Secretary
of the Navy and other senior officials in the Depart-
ment of the Navy concerning naval nuclear propulsion
matters, and to all other Government personnel who
supervise, operate, or maintain naval nuclear propul-
sion plants and support facilities.
SEC. 10. This Order is effective on February 1, 1982.
RONALD REAGAN.
§ 2512. Management structure for nuclear secu-
rity enterprise
(a) In general
The Administrator shall establish a manage-
ment structure for the nuclear security enter-
prise 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 ad-
vise 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 Administra-
tion and the nuclear security enterprise; and
(E) such other matters as the Administrator
determines appropriate.
(2) The Council shall be composed of the direc-
tors of the national security laboratories and
the nuclear weapons production facilities.
(3) The Council may provide the Adminis-
trator or the Secretary of Energy recommenda-
tions—
(A) for improving the governance, manage-
ment, effectiveness, and efficiency of the Ad-
ministration; and
(B) relating to any other matter in accord-
ance 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 im-
plementing or not implementing such rec-
ommendation.
(Pub. L. 107–314, div. D, title XLI, § 4102, formerly
Pub. L. 104–201, div. C, title XXXI, § 3140, Sept.
23, 1996, 110 Stat. 2833; renumbered Pub. L.
107–314, div. D, title XLI, § 4102, and amended
Pub. L. 108–136, div. C, title XXXI, § 3141(d)(3),
Page 425
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2512
Nov. 24, 2003, 117 Stat. 1757; Pub. L. 112–239, div.
C, title XXXI, § 3113(a), Jan. 2, 2013, 126 Stat.
2169; Pub. L. 113–291, div. C, title XXXI, § 3142(b),
Dec. 19, 2014, 128 Stat. 3900.)
Editorial Notes
REFERENCES IN TEXT
The National Nuclear Security Administration Act,
referred to in subsec. (a), is Pub. L. 106–65, div. C, title
XXXII, Oct. 5, 1999, 113 Stat. 953, which is classified
principally to chapter 41 (§ 2401 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 2401 of this title
and Tables.
CODIFICATION
Section was formerly set out as a note under section
7252 of Title 42, The Public Health and Welfare, prior to
renumbering by Pub. L. 108–136.
AMENDMENTS
2014—Subsec. (b)(3). Pub. L. 113–291, § 3142(b)(1), struck
out ‘‘for improving the’’ after ‘‘recommendations’’ in
introductory provisions.
Subsec. (b)(3)(A). Pub. L. 113–291, § 3142(b)(2), inserted
‘‘for improving the’’ before ‘‘governance’’.
Subsec. (b)(3)(B). Pub. L. 113–291, § 3142(b)(3), inserted
‘‘relating to’’ before ‘‘any other’’.
2013—Pub. L. 112–239 amended section generally. Prior
to amendment, section related to reorganization of
field activities and management of national security
functions.
2003—Subsec. (d)(2). Pub. L. 108–136, § 3141(d)(3)(D),
substituted ‘‘January 21, 1997,’’ for ‘‘120 days after the
date of the enactment of this Act,’’.
Statutory Notes and Related Subsidiaries
MONITORING OF INDUSTRIAL BASE FOR NUCLEAR
WEAPONS COMPONENTS, SUBSYSTEMS, AND MATERIALS
Pub. L. 116–283, div. C, title XXXI, § 3113, Jan. 1, 2021,
134 Stat. 4378, as amended by Pub. L. 117–81, div. C, title
XXXI, § 3135, Dec. 27, 2021, 135 Stat. 2231, provided that:
‘‘(a) DESIGNATION OF OFFICIAL.—Not later than March
1, 2021, the Administrator for Nuclear Security shall
designate a senior official within the National Nuclear
Security Administration to be responsible for moni-
toring the industrial base that supports the nuclear
weapons components, subsystems, and materials of the
Administration, including—
‘‘(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) PROVISION
OF RESOURCES.—The Administrator
shall ensure that the official designated under sub-
section (a) is provided with resources sufficient to con-
duct the monitoring required by that subsection.
‘‘(c)
CONSULTATIONS.—The
Administrator,
acting
through the official designated under subsection (a),
shall, to the extent practicable and beneficial, in con-
ducting the monitoring required by that subsection,
consult with—
‘‘(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 respon-
sible for the defense industrial base; and
‘‘(3) other components of the Department of Energy
that rely on similar components, subsystems, or ma-
terials.
‘‘(d) BRIEFINGS.—
‘‘(1) INITIAL BRIEFING.—Not later than April 1, 2021,
the Administrator shall provide to the Committees
on Armed Services of the Senate and the House of
Representatives a briefing on the designation of the
official required by subsection (a), including on—
‘‘(A) the responsibilities assigned to that official;
and
‘‘(B) the plan for providing that official with re-
sources sufficient to conduct the monitoring re-
quired by subsection (a).
‘‘(2) SUBSEQUENT BRIEFINGS.—Not later than April 1,
2022, and annually thereafter through 2024, the Ad-
ministrator shall provide to the Committees on
Armed Services of the Senate and the House of Rep-
resentatives a briefing on activities carried out under
this section that includes an assessment of the
progress made by the official designated under sub-
section (a) in conducting the monitoring required by
that subsection.
‘‘(e) REPORTS.—The Administrator, acting through
the official designated under subsection (a), shall sub-
mit to the Committees on Armed Services of the Sen-
ate and the House of Representatives, contempora-
neously with each briefing required by subsection
(d)(2), a report—
‘‘(1) identifying actual or potential risks to or spe-
cific gaps in any element of the industrial base that
supports the nuclear weapons components, sub-
systems, or materials of the National Nuclear Secu-
rity 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 Ad-
ministration has underway or planned to mitigate
any such risks or gaps;
‘‘(4) setting forth the anticipated timelines and re-
sources 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
Pub. L. 114–328, div. C, title XXXI, § 3113, Dec. 23, 2016,
130 Stat. 2757, provided that:
‘‘(a) IN GENERAL.—By not later than four years after
the date of the enactment of this Act [Dec. 23, 2016], the
Administrator for Nuclear Security shall, in consulta-
tion with the National Nuclear Security Administra-
tion Council established by section 4102(b) of the Atom-
ic Energy Defense Act (50 U.S.C. 2512(b)), complete, to
the extent practicable, the implementation of a com-
mon financial reporting system for the nuclear security
enterprise.
‘‘(b) ELEMENTS.—The common financial reporting
system implemented pursuant to subsection (a) shall
include the following:
‘‘(1) Common data reporting requirements for work
performed using funds of the National Nuclear Secu-
rity 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 break-
down structures with the budget structure of the Ad-
ministration.
‘‘(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 Of-
fice of Cost Assessment and Program Evaluation of
the Department of Defense using historical costing
data by the Administration.
‘‘(c) REPORTS.—
‘‘(1) IN GENERAL.—Not later than March 1, 2017, and
annually thereafter, the Administrator shall, in con-
sultation with the National Nuclear Security Admin-
istration Council, submit to the congressional de-
fense committees [Committees on Armed Services
and Appropriations of the Senate and the House of
Page 426
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2512
Representatives] a report on progress of the Adminis-
tration toward implementing a common financial re-
porting system for the nuclear security enterprise as
required by subsection (a).
‘‘(2) REPORT.—Each report under this subsection
shall include the following:
‘‘(A) A summary of activities, accomplishments,
challenges, benefits, and costs related to the imple-
mentation of a common financial reporting system
for the nuclear security enterprise during the year
preceding the year in which such report is sub-
mitted.
‘‘(B) A summary of planned activities in connec-
tion with the implementation of a common finan-
cial reporting system for the nuclear security en-
terprise in the year in which such report is sub-
mitted.
‘‘(C) A description of any anticipated modifica-
tions 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 implementa-
tion.
‘‘(3) TERMINATION.—No report is required under this
subsection after the completion of the implementa-
tion of a common financial reporting system for the
nuclear security enterprise.
‘‘(d) NUCLEAR SECURITY ENTERPRISE DEFINED.—In this
section, the term ‘nuclear security enterprise’ has the
meaning given that term in section 4002 of the Atomic
Energy Defense Act (50 U.S.C. 2501).’’
INDUSTRY
BEST
PRACTICES
IN
OPERATIONS
AT
NA-
TIONAL NUCLEAR SECURITY ADMINISTRATION FACILI-
TIES AND SITES
Pub. L. 114–328, div. C, title XXXI, § 3118, Dec. 23, 2016,
130 Stat. 2762, authorized the Administrator for Nuclear
Security to establish within the National Nuclear Se-
curity Administration a committee to identify and
oversee the implementation of best practices of indus-
try in the operations of the facilities and sites of the
Administration. The Administrator would submit to
the appropriate congressional committees an annual
report on the activities of the committee during the
preceding calendar year not later than 60 days after the
date on which the budget of the President for a fiscal
year after fiscal year 2017 was submitted to Congress
pursuant to section 1105(a) of title 31. The committee
would terminate after the submittal of the annual re-
port that covered 2021.
GOVERNANCE AND MANAGEMENT OF NUCLEAR SECURITY
ENTERPRISE
Pub. L. 114–92, div. C, title XXXI, § 3137, Nov. 25, 2015,
129 Stat. 1213, provided that:
‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress
that—
‘‘(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 commit-
tees;
‘‘(2) recent and past studies of the governance and
management of the nuclear security enterprise have
provided a list of reasonable, practical, and action-
able 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 se-
curity enterprise will require personal engagement
by senior leaders, a clear plan, and mechanisms for
ensuring follow-through and accountability.
‘‘(b) IMPLEMENTATION PLAN.—
‘‘(1) IMPLEMENTATION
ACTION
TEAM.—(A) The Sec-
retary and the Administrator shall jointly establish a
team of senior officials from the Department of En-
ergy and the National Nuclear Security Administra-
tion to develop and carry out an implementation plan
to reform the governance and management of the nu-
clear security enterprise to improve the effectiveness
and efficiency of the nuclear security enterprise.
Such plan shall be developed and implemented in ac-
cordance with the National Nuclear Security Admin-
istration Act (50 U.S.C. 2401 et seq.), the Atomic En-
ergy Defense Act (50 U.S.C. 2501 et seq.), and any
other provision of law.
‘‘(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 implemen-
tation plan, the team shall consult with the imple-
mentation assessment panel established under sub-
section (c)(1).
‘‘(2) ELEMENTS.—The implementation plan devel-
oped under paragraph (1)(A) shall address all rec-
ommendations contained in the covered study (except
such recommendations that require legislative action
to carry out) by identifying specific actions, mile-
stones, timelines, and responsible personnel to imple-
ment such plan.
‘‘(3) SUBMISSION.—Not later than March 31, 2016, the
Secretary and the Administrator shall jointly submit
to the appropriate congressional committees the im-
plementation plan developed under paragraph (1)(A).
‘‘(c) IMPLEMENTATION ASSESSMENT PANEL.—
‘‘(1) AGREEMENT.—Not later than 60 days after the
date of the enactment of this Act [Nov. 25, 2015], the
Administrator shall seek to enter into a joint agree-
ment with the National Academy of Sciences and the
National Academy of Public Administration to estab-
lish a panel of external, independent experts to evalu-
ate the implementation plan developed under sub-
section (b)(1)(A) and the implementation of such
plan.
‘‘(2) DUTIES.—The panel established under para-
graph (1) shall—
‘‘(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 cov-
ered study;
‘‘(B) track the implementation of such plan; and
‘‘(C) assess the effectiveness of such plan.
‘‘(3) REPORTS.—(A) Not later than July 1, 2016, the
panel established under paragraph (1) shall submit to
the appropriate congressional committees, the Sec-
retary, and the Administrator an initial assessment
of the implementation plan developed under sub-
section (b)(1)(A), including with respect to the com-
pleteness of the plan, how the plan aligns with the in-
tent and recommendations made by the covered
study, and the prospects for success for the plan.
‘‘(B) Beginning February 28, 2017, and semiannually
thereafter through 2020, the panel established under
paragraph (1) shall brief the appropriate congres-
sional committees, the Secretary, and the Adminis-
trator on the efforts of the Secretary and the Admin-
istrator to implement the implementation plan de-
veloped under subsection (b)(1)(A).
‘‘(C) Not later than September 30, 2020, the panel es-
tablished under paragraph (1) shall submit to the ap-
propriate 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) COOPERATION.—The Secretary and the Adminis-
trator shall provide to the panel established under
paragraph (1) full and timely access to all informa-
tion, personnel, and systems of the Department of
Energy and the National Nuclear Security Adminis-
tration that the panel determines necessary to carry
out this subsection.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘appropriate congressional committees’ means—
Page 427
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2515
‘‘(A) the Committee on Armed Services, the Com-
mittee on Appropriations, and the Committee on
Energy and Natural Resources of the Senate; and
‘‘(B) the Committee on Armed Services, the Com-
mittee on Appropriations, and the Committee on
Energy and Commerce of the House of Representa-
tives.
‘‘(2) COVERED
STUDY.—The term ‘covered study’
means the following:
‘‘(A) The final report of the Congressional Advi-
sory Panel on the Governance of the Nuclear Secu-
rity Enterprise established by section 3166 of the
National Defense Authorization Act for Fiscal Year
2013 (Public Law 112–239; 126 Stat. 2208).
‘‘(B) Any other study not conducted by the Sec-
retary or the Administrator that the Secretary de-
termines appropriate for purposes of this section.
‘‘(3) NUCLEAR SECURITY ENTERPRISE.—The term ‘nu-
clear security enterprise’ has the meaning given that
term in section 4002(6) of the Atomic Energy Defense
Act (50 U.S.C. 2501(6)).
‘‘(e) RULES OF CONSTRUCTION.—Nothing in this section
shall be construed to authorize any action—
‘‘(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, safe-
ty, or security.’’
CLARIFICATION OF ROLE OF SECRETARY OF ENERGY
Pub. L. 113–66, div. C, title XXXI, § 3141, Dec. 26, 2013,
127 Stat. 1069, provided that: ‘‘The amendment made by
section 3113 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2169)
to section 4102 of the Atomic Energy Defense Act (50
U.S.C. 2512) may not be construed as affecting the au-
thority of the Secretary of Energy, in carrying out na-
tional security programs, with respect to the manage-
ment, planning, and oversight of the National Nuclear
Security Administration or as affecting the delegation
by the Secretary of authority to carry out such activi-
ties, as set forth under subsection (a) of such section
4102 as it existed before the amendment made by such
section 3113.’’
§ 2513. Restriction on licensing requirement for
certain defense activities and facilities
None of the funds authorized to be appro-
priated by the Department of Energy National
Security and Military Applications of Nuclear
Energy Authorization Act of 1981 (Public Law
96–540; 94 Stat. 3197) or any other Act may be
used for any purpose related to licensing of any
defense activity or facility of the Department of
Energy by the Nuclear Regulatory Commission.
(Pub. L. 107–314, div. D, title XLI, § 4103, formerly
Pub. L. 96–540, title II, § 210, Dec. 17, 1980, 94 Stat.
3202; renumbered Pub. L. 107–314, div. D, title
XLI, § 4103, and amended Pub. L. 108–136, div. C,
title XXXI, § 3141(d)(4), Nov. 24, 2003, 117 Stat.
1757; Pub. L. 113–66, div. C, title XXXI, § 3146(b),
Dec. 26, 2013, 127 Stat. 1073.)
Editorial Notes
REFERENCES IN TEXT
The Department of Energy National Security and
Military Applications of Nuclear Energy Authorization
Act of 1981, referred to in text, is Pub. L. 96–540, Dec.
17, 1980, 94 Stat. 3197, which enacted this section and
section 2762 of this title. For complete classification of
this Act to the Code, see Tables.
CODIFICATION
Section was formerly classified to section 7272 of
Title 42, The Public Health and Welfare, prior to re-
numbering by Pub. L. 108–136.
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in the following appropriations act:
Pub. L. 96–164, title II, § 210, Dec. 29, 1979, 93 Stat. 1264.
AMENDMENTS
2013—Pub. L. 113–66 inserted ‘‘; 94 Stat. 3197’’ after
‘‘Public Law 96–540’’.
2003—Pub. L. 108–136, § 3131(d)(4)(C)(iii), substituted
‘‘the Department of Energy National Security and Mili-
tary Applications of Nuclear Energy Authorization Act
of 1981 (Public Law 96–540) or any other Act’’ for ‘‘this
or any other Act’’.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of certain functions from Nuclear Regu-
latory Commission to Chairman thereof, see Reorg.
Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as
a note under section 5841 of Title 42, The Public Health
and Welfare.
§ 2514. Transferred
Editorial Notes
CODIFICATION
Section, Pub. L. 112–81, div. A, title X, § 1077, Dec. 31,
2011, 125 Stat. 1596, which related to reports to Congress
on the modification of the force structure for the stra-
tegic nuclear weapons delivery systems of the United
States, was transferred to section 493 of Title 10, Armed
Forces,
by
Pub.
L.
112–239,
div.
A,
title
X,
§ 1031(b)(3)(B)(i)–(iii), Jan. 2, 2013, 126 Stat. 1918.
§ 2515. Establishment of Center for Security
Technology, Analysis, Response, and Testing
(a) Establishment
The Administrator for Nuclear Security shall
establish within the nuclear security enterprise
(as defined in section 2501 of this title) a Center
for Security Technology, Analysis, Response,
and Testing.
(b) Duties
The center established under subsection (a)
shall carry out the following:
(1) Provide to the Administrator, the Chief
of Defense Nuclear Security, and the manage-
ment and operating contractors of the nuclear
security enterprise a wide range of objective
expertise on security technologies, systems,
analysis, testing, and response forces.
(2) Assist the Administrator in developing
standards, requirements, analysis methods,
and testing criteria with respect to security.
(3) Collect, analyze, and distribute lessons
learned with respect to security.
(4) Support inspections and oversight activi-
ties with respect to security.
(5) Promote professional development and
training for security professionals.
(6) Provide for advance and bulk procure-
ment for security-related acquisitions that af-
fect multiple facilities of the nuclear security
enterprise.
(7) Advocate for continual improvement and
security excellence throughout the nuclear se-
curity enterprise.
(8) Such other duties as the Administrator
may assign.
(Pub. L. 113–66, div. C, title XXXI, § 3116, Dec. 26,
2013, 127 Stat. 1058.)
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
There are transferred to, and vested in, the Secretary all functions of the Secretary of Commerce, the Department of Commerce, and officers and components of that Department, as relate to or are utilized by the Office of Energy Programs, but limited to industrial energy conservation programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7158
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Federal law — U.S. Code and appendices · legal_authorities
Page 7069
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7158
section 304 of the Energy Conservation Stand-
ards for New Buildings Act of 1976 [42 U.S.C.
6833], to develop and promulgate energy con-
servation standards for new buildings. The Sec-
retary of Housing and Urban Development shall
provide the Secretary with any necessary tech-
nical assistance in the development of such
standards. All other responsibilities, pursuant to
title III of the Energy Conservation and Produc-
tion Act [42 U.S.C. 6831 et seq.], shall remain
with the Secretary of Housing and Urban Devel-
opment, except that the Secretary shall be kept
fully and currently informed of the implementa-
tion of the promulgated standards.
(b) There is hereby transferred to, and vested
in, the Secretary the functions vested in the
Secretary of Housing and Urban Development
pursuant to section 1701z–8 of title 12.
(Pub. L. 95–91, title III, § 304, Aug. 4, 1977, 91 Stat.
580.)
Editorial Notes
REFERENCES IN TEXT
The Energy Conservation and Production Act, re-
ferred to in subsec. (a), is Pub. L. 94–385, Aug. 14, 1976,
90 Stat. 1125. Title III of the Energy Conservation and
Production Act, known as the Energy Conservation
Standards for New Buildings Act of 1976, is classified
generally to subchapter II (§ 6831 et seq.) of chapter 81
of this title. For complete classification of the Energy
Conservation and Production Act and the Energy
Standards for New Buildings Act of 1976 to the Code,
see Short Title note set out under section 6801 of this
title and Tables.
§ 7155. Repealed. Pub. L. 103–272, § 7(b), July 5,
1994, 108 Stat. 1379
Section, Pub. L. 95–91, title III, § 306, Aug. 4, 1977, 91
Stat. 581, transferred to Secretary the functions set
forth in Interstate Commerce Act and vested by law i
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7158
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7158. This identifies an authority to review, not proof of applicability.
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
Page 395
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2401
Sec.
2441a.
Authorized personnel levels of the Office of
the Administrator.
2442.
Repealed.
2443.
Notification of employee practices affecting
national security.
2444.
Nonproliferation and national security schol-
arship and fellowship program.
2445.
Limitation on bonuses for employees who en-
gage in improper program management.
2446.
Treatment of contractors who engage in im-
proper program management.
SUBCHAPTER IV—BUDGET AND FINANCIAL
MANAGEMENT
2451.
Separate treatment in budget.
2452.
Planning, programming, and budgeting proc-
ess.
2453.
Future-years nuclear security program.
2454.
Semiannual financial reports on defense nu-
clear nonproliferation programs.
2455.
Repealed.
2455a.
National Nuclear Security Administration
authority for urgent nonproliferation ac-
tivities.
SUBCHAPTER V—MISCELLANEOUS PROVISIONS
2461.
Environmental protection, safety, and health
requirements.
2462.
Compliance with Federal Acquisition Regula-
tion.
2463.
Sharing of technology with Department of
Defense.
2464.
Use of capabilities of national security lab-
oratories by entities outside the Adminis-
tration.
2465.
Enhancing
private-sector
employment
through cooperative research and develop-
ment activities.
2466.
Use of funds for the purchase of options to
purchase real property.
SUBCHAPTER VI—DEFINITIONS
2471.
Definitions.
SUBCHAPTER VII—TRANSITION PROVISIONS
2481.
Functions transferred.
2482, 2483. Repealed.
2484.
Applicability of preexisting laws and regula-
tions.
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 Nuclea
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2401
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 2401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7132/c/3&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7132/c/3&num=0&edition=prelim).
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2410
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Federal law — U.S. Code and appendices · legal_authorities
Page 401
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2410
1 See References in Text note below.
(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 Pro-
pulsion Executive Order is Executive Order No.
12344, dated February 1, 1982 (42 U.S.C. 7158
note) 1 (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.)
Editorial Notes
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 Authoriza-
tion 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 re-
numbered 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.
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.
§ 2407. General Counsel
There is a General Counsel of the Administra-
tion. The General Counsel is the chief legal offi-
cer of the Administration.
(Pub. L. 106–65, div. C, title XXXII, § 3217, Oct. 5,
1999,
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2410
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 2410. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2822, Pub. L. 107–314, div. D, title XLVIII, § 4852, formerly Pub. L. 104–201, div. C, title XXXI, § 3144, Sept. 23, 1996, 110 Stat. 2838; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4852, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(16), Nov. 24, 2003, 117 Stat. 1786; Pub. L. 112–239, div. C, title XXXI, § 3131(bb)(1)(B), (C), Jan. 2, 2013, 126 Stat. 2185, related to source of funds for payment of costs of operation and maintenance of infrastructure at Nevada National Security Site. See [section 6361 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6361&num=0&edition=prelim), Armed Forces.
Section 2823, Pub. L. 107–314, div. D, title XLVIII, § 4853, as added Pub. L. 117–81, div. C, title XXXI, § 3113, Dec. 27, 2021, 135 Stat. 2221, established a university-based defense nuclear policy collaboration program between institutions of higher education and nonprofit entities. See [section 6362 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6362&num=0&edition=prelim), Armed Forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2501
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Federal law — U.S. Code and appendices · legal_authorities
Page 422
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2501
Sec.
2755.
Matters relating to critical decisions.
2756.
Unfunded priorities of the Administration.
2757.
Review of adequacy of nuclear weapons budg-
et.
2758.
Improvements to cost estimates informing
analyses of alternatives.
PART B—PENALTIES
2761.
Restriction on use of funds to pay penalties
under environmental laws.
2762.
Restriction on use of funds to pay penalties
under Clean Air Act.
PART C—OTHER MATTERS
2771.
Repealed.
2772.
Reports on financial balances for atomic en-
ergy defense activities.
2773.
Independent acquisition project reviews of
capital assets acquisition projects.
SUBCHAPTER VIII—ADMINISTRATIVE MATTERS
PART A—CONTRACTS
2781.
Costs not allowed under covered contracts.
2782.
Prohibition and report on bonuses to contrac-
tors operating defense nuclear facilities.
2782a.
Assessments of emergency preparedness of de-
fense nuclear facilities.
2783.
Contractor liability for injury or loss of prop-
erty arising out of atomic weapons testing
programs.
2784.
Notice-and-wait requirement applicable to
certain third-party financing arrangements.
2785.
Publication of contractor performance eval-
uations leading to award fees.
2786.
Enhanced procurement authority to manage
supply chain risk.
2787.
Cost-benefit analyses for competition of man-
agement and operating contracts.
PART B—RESEARCH AND DEVELOPMENT
2791.
Laboratory-directed research and develop-
ment programs.
2791a.
Laboratory-directed research and develop-
ment.
2791b.
Charges to individual program, project, or ac-
tivity.
2792.
Limitations on use of funds for laboratory di-
rected research and development purposes.
2793.
Report on use of funds for certain research
and development purposes.
2794.
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2501
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