§ 2401. Establishment and mission

• (a) 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) 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 maintain and enhance the safety, reliability, and performance of the United States nuclear weapons stockpile, including the ability to design, produce, and test, 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) 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) protecting the environment;
  • (2) safeguarding the safety and health of the public and of the workforce of the Administration; and
  • (3) ensuring the security of the nuclear weapons, nuclear material, and classified information in the custody of the Administration.

§ 2402. Administrator for Nuclear Security

• (a)
  • (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 Security of the Department of Energy serves as the Administrator.
• (b) 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 ), 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.
  • (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 .
  • (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.
• (c) The Administrator is the senior procurement executive for the Administration for the purposes of section 1702(c) of title 41 .
• (d) The Administrator may establish Administration-specific policies, unless disapproved by the Secretary of Energy.
• (e) The Administrator serves as a member of the Nuclear Weapons Council under section 179 of title 10 .
• (f) Except as provided by subsections (b) and (c) of section 2481 of this title :
  • (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.

§ 2403. Principal Deputy Administrator for Nuclear Security

• (a)
  • (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 extensive background in organizational management and are well qualified to manage the nuclear weapons, nonproliferation, and materials disposition programs of the Administration in a manner that advances and protects the national security of the United States.
• (b) Subject to the authority, direction, and control of the Administrator, the Principal Deputy Administrator shall perform such duties and exercise such powers as the Administrator may prescribe, including the coordination of activities among the elements of the Administration. The Principal Deputy Administrator shall act for, and exercise the powers of, the Administrator when the Administrator is disabled or the position of Administrator is vacant.

§ 2404. Deputy Administrator for Defense Programs

• (a) There is in the Administration a Deputy Administrator for Defense Programs, who is appointed by the President, by and with the advice and consent of the Senate.
• (b) Subject to the authority, direction, and control of the Administrator, the Deputy Administrator for Defense Programs shall perform such duties and exercise such powers as the Administrator may prescribe, including the following:
  • (1) Maintaining and enhancing the safety, reliability, and performance of the United States nuclear weapons stockpile, including the ability to design, produce, and test, in order to meet national security requirements.
  • (2) Directing, managing, and overseeing the nuclear weapons production facilities and the national security laboratories.
  • (3) Directing, managing, and overseeing assets to respond to incidents involving nuclear weapons and materials.

§ 2405. Deputy Administrator for Defense Nuclear Nonproliferation

• (a) There is in the Administration a Deputy Administrator for Defense Nuclear Nonproliferation, who is appointed by the President, by and with the advice and consent of the Senate.
• (b) Subject to the authority, direction, and control of the Administrator, the Deputy Administrator for Defense Nuclear Nonproliferation shall perform such duties and exercise such powers as the Administrator may prescribe, including the following:
  • (1) Preventing the spread of materials, technology, 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 safety.

§ 2406. Deputy Administrator for Naval Reactors

• (a)
  • (1) There is in the Administration a Deputy Administrator for Naval Reactors. The director of the Naval Nuclear Propulsion Program provided for under the Naval Nuclear Propulsion Executive Order shall serve as the Deputy Administrator for Naval Reactors.
  • (2) Within the Department of Energy, the Deputy 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) The Deputy Administrator shall be assigned the responsibilities, authorities, and accountability for all functions of the Office of Naval Reactors under the Naval Nuclear Propulsion Executive Order.
• (c) 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) As used in this section, the Naval Nuclear Propulsion Executive Order is Executive Order No. 12344, dated February 1, 1982 ( 42 U.S.C. 7158 note) 1 1 See References in Text note below. (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

§ 2407. General Counsel

There is a General Counsel of the Administration. The General Counsel is the chief legal officer of the Administration.

§ 2408. Staff of Administration

• (a) The Administrator shall maintain within the Administration sufficient staff to assist the Administrator in carrying out the duties and responsibilities of the Administrator.
• (b) The staff of the Administration shall perform, in accordance with applicable law, such of the functions of the Administrator as the Administrator shall prescribe. The Administrator shall assign to the staff responsibility for the following functions:
  • (1) Personnel.
  • (2) Legislative affairs.
  • (3) Public affairs.
  • (4) Liaison with the Department of Energy’s Office of Intelligence and Counterintelligence.
  • (5) Liaison with other elements of the Department of Energy and with other Federal agencies, State, tribal, and local governments, and the public.

§ 2409. Scope of authority of Secretary of Energy to modify organization of Administration

• (b) or
• (c) of section 2481 of this title .

§ 2410. Status of Administration and contractor personnel within Department of Energy

• (a) 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 ;
    • (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) 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 .
• (c) 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) 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) Notwithstanding the restrictions of subsections (a) and (b), each officer or employee of the Administration, or of a contractor of the Administration, who is carrying out activities related 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.

§ 2411. Director for Cost Estimating and Program Evaluation

• (a)
  • (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 Senior Executive Service position (as defined in section 3132(a) of title 5 ).
• (b)
  • (1) The Director shall be the principal advisor to the Administrator, the Deputy Secretary of Energy, and the Secretary of Energy with respect to cost estimation and program evaluation for the Administration. The Director shall report directly to the Administrator.
  • (2) The Administrator may not delegate responsibility for receiving or acting on communications from the Director with respect to cost estimation and program evaluation for the Administration.
• (c)
  • (1) The Director shall be the responsible for the following activities relating to cost estimation:
    • (A) Advising the Administrator on policies and procedures for cost analysis and estimation by the Administration, including the determination of confidence levels with respect to cost estimates.
    • (B) Reviewing cost estimates and evaluating the performance baseline for each major atomic energy defense acquisition program.
    • (C) Advising the Administrator on policies and procedures for developing technology readiness assessments for major atomic energy defense acquisition programs that are consistent with the guidelines of the Department of Energy for technology readiness assessments.
    • (D) Reviewing technology readiness assessments for such programs to ensure that such programs are meeting levels of confidence associated with appropriate overall system performance.
    • (E) As directed by the Administrator, conducting independent cost estimates for such programs.
  • (2) A review, evaluation, or cost estimate conducted 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 laboratory or a management and operating contractor of the Administration in conducting such a review, evaluation, or cost estimate.
  • (3) The Director shall submit in writing to the Administrator the following:
    • (A) The certification of the Director with respect to each review, evaluation, and cost estimate 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)
  • (1) The Director shall be responsible for the following activities relating to program evaluation:
    • (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 required by the Administration for that program.
    • (B) Reviewing the future-years nuclear security 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 programs.
    • (D) As part of the planning, programming, and budgeting process of the Administration under sections 2451 and 2452 of this title, analyzing the planning phase of that process, advising on programmatic and fiscal year guidance, and managing the program review phase of that process.
    • (E) Developing and managing the submittal of the Selected Acquisition Reports and independent 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 collected 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 report on any major programmatic deviations from the future-years nuclear security program discovered in conducting a review under paragraph (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) The Administrator, acting through the Director, shall, as appropriate, seek to use procedures, 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 Center of the Office of Cost Assessment and Program Evaluation of the Department of Defense for those purposes.
• (f) The Administrator shall ensure that the Director has sufficient numbers of personnel who have competence in technical matters, budgetary matters, cost estimation, technology readiness analysis, and other appropriate matters to carry out the functions required by this section.
• (g) 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 following:
  • (1) A description of activities conducted by the Director during the calendar year preceding 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 milestones.
• (h) Nothing in this section shall be construed to require duplicate reviews or cost estimates for major atomic energy defense acquisition programs by the Administration or other elements of the Department of Energy.
• (i) In this section:
  • (1) The term “Administration”, with respect to any authority, duty, or responsibility provided by this section, does not include the Office of Naval Reactors.
  • (2) The term “major atomic energy defense acquisition program” means an atomic energy defense acquisition program of the Administration—
    • (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) The term “performance baseline”, with respect to a major atomic energy defense acquisition program, means the key parameters with respect to performance, scope, cost, and schedule for the project budget of the program.

§ 2421. Protection of national security information

• (a) The Administrator shall establish procedures to ensure the maximum protection of classified information in the possession of the Administration.
• (b) 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.

§ 2422. Office of Defense Nuclear Security

• (a) There is within the Administration an Office of Defense Nuclear Security, headed by a Chief appointed by the Secretary of Energy. The Administrator shall recommend to the Secretary suitable candidates for such position.
• (b)
  • (1) The head of the Office of Defense Nuclear Security is the Chief of Defense Nuclear Security, 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 Department and the contractors of the Department concerning security matters.
  • (3) The Chief shall be responsible for the development and implementation of security programs for the Administration, including the protection, control and accounting of materials, and for the physical and cyber security for all facilities of the Administration.

§ 2423. Counterintelligence programs

• (a) The Secretary of Energy shall, at each national security laboratory and nuclear weapons production facility, establish and maintain a counterintelligence program adequate to protect national security information at that laboratory or production facility.
• (b) The Secretary of Energy shall, at each Department facility not described in subsection (a) at which Restricted Data is located, assign an employee of the Office of Intelligence and Counterintelligence of the Department of Energy who shall be responsible for and assess counterintelligence matters at that facility.

§ 2424. Procedures relating to access by individuals to classified areas and information of Administration

The Administrator shall establish appropriate procedures to ensure that any individual is not permitted unescorted access to any classified area, or access to classified information, of the Administration until that individual has been verified to hold the appropriate security clearances.

§ 2425. Government access to information on Administration computers

• (a) The Administrator shall establish procedures to govern access to information on Administration computers. Those procedures shall, at a minimum, provide that any individual who has access to information on an Administration computer shall be required as a condition of such access to provide to the Administrator written consent which permits access by an authorized investigative agency to any Administration computer used in the performance of the duties of such employee during the period of that individual’s access to information on an Administration computer and for a period of three years thereafter.
• (b) Notwithstanding any other provision of law (including any provision of law enacted by the Electronic Communications Privacy Act of 1986 ( Public Law 99–508 ; 100 Stat. 1848 )), no user of an Administration computer shall have any expectation of privacy in the use of that computer.
• (c) For purposes of this section, the term “authorized investigative agency” means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information.

§ 2426. Congressional oversight of special access programs

• (a)
  • (1) Not later than February 1 of each year, the Administrator shall submit to the congressional defense committees a report on special access programs of the Administration.
  • (2) Each such report shall set forth—
    • (A) the total amount requested for such programs in the President’s budget for the next fiscal year submitted under section 1105 of title 31 ; and
    • (B) for each such program in that budget, the following:
      • (i) A brief description of the program.
      • (ii) A brief discussion of the major milestones established for the program.
      • (iii) The actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted.
      • (iv) The estimated total cost of the program and the estimated cost of the program for—
        • (I) the current fiscal year;
        • (II) the fiscal year for which the budget is submitted; and
        • (III) each of the four succeeding fiscal years during which the program is expected to be conducted.
• (b)
  • (1) Not later than February 1 of each year, the Administrator shall submit to the congressional defense committees a report that, with respect to each new special access program, provides—
    • (A) notice of the designation of the program as a special access program; and
    • (B) justification for such designation.
  • (2) A report under paragraph (1) with respect to a program shall include—
    • (A) the current estimate of the total program cost for the program; and
    • (B) an identification of existing programs or technologies that are similar to the technology, or that have a mission similar to the mission, of the program that is the subject of the notice.
  • (3) In this subsection, the term “new special access program” means a special access program that has not previously been covered in a notice and justification under this subsection.
• (c)
  • (1) Whenever a change in the classification of a special access program of the Administration is planned to be made or whenever classified information concerning a special access program of the Administration is to be declassified and made public, the Administrator shall submit to the congressional defense committees a report containing a description of the proposed change, the reasons for the proposed change, and notice of any public announcement planned to be made with respect to the proposed change.
  • (2) Except as provided in paragraph (3), any report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement is to occur.
  • (3) If the Administrator determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Administration, the Administrator may submit the report required by paragraph (1) regarding the proposed change or public announcement at any time before the proposed change or public announcement is made and shall include in the report an explanation of the exceptional circumstances.
• (d) Whenever there is a modification or termination of the policy and criteria used for designating a program of the Administration as a special access program, the Administrator shall promptly notify the congressional defense committees of such modification or termination. Any such notification shall contain the reasons for the modification or termination and, in the case of a modification, the provisions of the policy as modified.
• (e)
  • (1) The Administrator may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Administrator determines that inclusion of that information in the report would adversely affect the national security. The Administrator may waive the report-and-wait requirement in subsection (f) if the Administrator determines that compliance with such requirement would adversely affect the national security. Any waiver under this paragraph shall be made on a case-by-case basis.
  • (2) If the Administrator exercises the authority provided under paragraph (1), the Administrator shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the congressional defense committees.
• (f) A special access program may not be initiated until—
  • (1) the congressional defense committees are notified of the program; and
  • (2) a period of 30 days elapses after such notification is received.

§ 2441. Authority to establish certain contracting, program management, scientific, engineering, and technical positions

The Administrator may, for the purposes of carrying out the responsibilities of the Administrator under this chapter, establish not more than 800 contracting, program management, scientific, engineering, and technical positions in the Administration, appoint individuals to such positions, and fix the compensation of such individuals. Subject to the limitations in the preceding sentence, the authority of the Administrator to make appointments and fix compensation with respect to positions in the Administration under this section shall be equivalent to, and subject to the limitations of, the authority under section 2201(d) of title 42 to make appointments and fix compensation with respect to officers and employees described in such section. To ensure that the positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such a position to replace the vacancy of a position not established under this section.

§ 2441a. Authorized personnel levels of the Office of the Administrator

• (a)
  • (1) The total number of employees of the Office of the Administrator may not exceed 1,890.
  • (2) For fiscal year 2020 and each fiscal year thereafter, the Administrator may not exceed the total number of employees authorized under paragraph (1) unless, during each fiscal year in which such total number exceeds 1,890, the Administrator submits to the congressional defense committees a report justifying such excess.
• (b)
  • (1) A determination of the number of employees in the Office of the Administrator under subsection (a) shall be expressed on a full-time equivalent basis.
  • (2) Except as provided by paragraph (3), in determining the total number of employees in the Office of the Administrator under subsection (a), the Administrator shall count each employee of the Office without regard to whether the employee is located at the headquarters of the Administration, a site office of the Administration, a service or support center of the Administration, or any other location.
  • (3) The following employees may not be counted for purposes of determining the total number of employees in the Office of the Administrator under subsection (a):
    • (A) Employees of the Office of Naval Reactors.
    • (B) Employees of the Office of Secure Transportation.
    • (C) Members of the Armed Forces detailed to the Administration.
    • (D) Personnel supporting the Office of the Administrator pursuant to the mobility program under subchapter VI of chapter 33 of title 5 (commonly referred to as the “Intergovernmental Personnel Act Mobility Program”).
• (c) In accordance with section 3523 of title 5 , the Administrator may offer voluntary separation or retirement incentives to meet the total number of employees authorized under subsection (a).
• (d) The Administrator shall ensure that the expertise of the national security laboratories and the nuclear weapons production facilities is made available to the Administration, the Department of Energy, the Department of Defense, other Federal agencies, and Congress through the temporary assignment of personnel from such laboratories and facilities pursuant to the Intergovernmental Personnel Act Mobility Program and other similar programs.
• (e) In this section, the term “Office of the Administrator”, with respect to the employees of the Administration, includes employees whose funding is derived from an account of the Administration titled “Federal Salaries and Expenses”.
• (f) The Administrator shall include in the budget justification materials submitted to Congress in support of the budget of the Administration for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31 ) a report containing the following information for the most recent fiscal year for which data are available:
  • (1) The number of full-time equivalent employees of the Office of the Administrator, as counted under subsection (a).
  • (2) The number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds.
  • (3) The number of full-time equivalent contractor employees working under each contract identified under paragraph (2).
  • (4) The number of full-time equivalent contractor employees described in paragraph (3) that have been employed under such a contract for a period greater than two years.
  • (5) With respect to each contract identified under paragraph (2)—
    • (A) identification of each appropriations account that supports the contract; and
    • (B) the amount obligated under the contract during the fiscal year, listed by each such account.
  • (6) With respect to each appropriations account identified under paragraph (5)(A), the total amount obligated for contracts identified under paragraph (2).

§ 2443. Notification of employee practices affecting national security

• (a) At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31 , the Secretary of Energy and the Administrator shall jointly notify the appropriate congressional committees of—
  • (1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and
  • (2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Department or the Administration, as the case may be, since such revocation.
• (b) Whenever the Secretary or the Administrator terminates the employment of a covered employee or removes and reassigns a covered employee for cause, the Secretary or the Administrator, as the case may be, shall notify the appropriate congressional committees of such termination or reassignment by not later than 30 days after the date of such termination or reassignment.
• (c) In this section:
  • (1) The term “appropriate congressional committees” means—
    • (A) the congressional defense committees; and
    • (B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
  • (2) The term “covered employee” means—
    • (A) an employee of the Administration; or
    • (B) an employee of an element of the Department of Energy (other than the Administration) involved in nuclear security.

§ 2444. Nonproliferation and national security scholarship and fellowship program

• (a) The Administrator for Nuclear Security shall carry out a program to provide scholarships and fellowships for the purpose of enabling individuals to qualify for employment in the nonproliferation and national security programs of the Department of Energy.
• (b) An individual shall be eligible for a scholarship or fellowship under the program established under this section if the individual—
  • (1) is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence;
  • (2) has been accepted for enrollment or is currently enrolled as a full-time student at an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) ));
  • (3) is pursuing a program of education that leads to an appropriate higher education degree in a qualifying field of study, as determined by the Administrator;
  • (4) enters into an agreement described in subsection (c); and
  • (5) meets such other requirements as the Administrator prescribes.
• (c) An individual seeking a scholarship or fellowship under the program established under this section shall enter into an agreement, in writing, with the Administrator that includes the following:
  • (1) The agreement of the Administrator to provide such individual with a scholarship or fellowship in the form of educational assistance for a specified number of school years (not to exceed five school years) during which such individual is pursuing a program of education in a qualifying field of study, which educational assistance may include payment of tuition, fees, books, laboratory expenses, and a stipend.
  • (2) The agreement of such individual—
    • (A) to accept such educational assistance;
    • (B) to maintain enrollment and attendance in a program of education described in subsection (b)(2) until such individual completes such program;
    • (C) while enrolled in such program, to maintain satisfactory academic progress in such program, as determined by the institution of higher education in which such individual is enrolled; and
    • (D) after completion of such program, to serve as a full-time employee in a nonproliferation or national security position in the Department of Energy or at a laboratory of the Department for a period of not less than 12 months for each school year or part of a school year for which such individual receives a scholarship or fellowship under the program established under this section.
  • (3) The agreement of such individual with respect to the repayment requirements specified in subsection (d).
• (d)
  • (1) An individual receiving a scholarship or fellowship under the program established under this section shall agree to pay to the United States the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph (4), if such individual—
    • (A) does not complete the program of education agreed to pursuant to subsection (c)(2)(B);
    • (B) completes such program of education but declines to serve in a position in the Department of Energy or at a laboratory of the Department as agreed to pursuant to subsection (c)(2)(D); or
    • (C) is voluntarily separated from service or involuntarily separated for cause from the Department of Energy or a laboratory of the Department before the end of the period for which such individual agreed to continue in the service of the Department pursuant to subsection (c)(2)(D).
  • (2) If an individual who received a scholarship or fellowship under the program established under this section is required to repay, pursuant to an agreement under paragraph (1), the total amount of educational assistance provided to such individual under such program, plus interest at the rate prescribed by paragraph (4), and fails to repay such amount, a sum equal to such amount (plus such interest) is recoverable by the United States Government from such individual or the estate of such individual by—
    • (A) in the case of an individual who is an employee of the United States Government, setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; or
    • (B) such other method as is provided by law for the recovery of amounts owed to the Government.
  • (3) The Administrator may waive, in whole or in part, repayment by an individual under this subsection if the Administrator determines that seeking recovery under paragraph (2) would be against equity and good conscience or would be contrary to the best interests of the United States.
  • (4) For purposes of repayment under this subsection, the total amount of educational assistance provided to an individual under the program established under this section shall bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1077a(c) ).
• (e) In evaluating individuals for the award of a scholarship or fellowship under the program established under this section, the Administrator may give a preference to an individual who is enrolled in, or accepted for enrollment in, an institution of higher education that has a cooperative education program with the Department of Energy.
• (f) A scholarship or fellowship awarded under the program established under this section shall be taken into account in determining the eligibility of an individual receiving such scholarship or fellowship for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.).
• (g) Not later than January 1, 2010 , the Administrator shall submit to the congressional defense committees a report on the activities carried out under the program established under this section, including any recommendations for future activities under such program.
• (h) Of the amounts authorized to be appropriated by section 3101(a)(2) 1 1 See References in Text note below. for defense nuclear nonproliferation activities, $3,000,000 shall be available to carry out the program established under this section.

§ 2445. Limitation on bonuses for employees who engage in improper program management

• (a)
  • (1) The Secretary of Energy or the Administrator may not pay to a covered employee a bonus during the one-year period beginning on the date on which the Secretary or the Administrator, as the case may be, determines that the covered employee engaged in improper program management that resulted in a notification under section 2753 of this title or significantly and detrimentally affected the cost, scope, or schedule associated with the approval of critical decision 3 in the acquisition process for a project (as defined in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets)).
  • (2) Not later than one year after November 25, 2015 , the Secretary shall issue guidance for the implementation of paragraph (1).
• (b) Not later than 180 days after November 25, 2015 , the Secretary and the Administrator shall each issue guidance prohibiting the payment of a bonus to a covered employee during the one-year period beginning on the date on which the Secretary or the Administrator, as the case may be, determines that the covered employee engaged in improper program management—
  • (1) that jeopardized the health, safety, or security of employees or facilities of the Administration or another element of the Department of Energy involved in nuclear security; or
  • (2) in carrying out defense nuclear nonproliferation activities.
• (c) The Secretary or the Administrator, as the case may be, may waive the limitation on the payment of a bonus under subsection (a) or (b) on a case-by-case basis if—
  • (1) the Secretary or the Administrator, as the case may be, notifies the appropriate congressional committees of such waiver; and
  • (2) a period of 60 days elapses following such notification.
• (d) In this section:
  • (1) The term “appropriate congressional committees” means—
    • (A) the congressional defense committees; and
    • (B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
  • (2) The term “bonus” means a bonus or award paid under title 5, including under chapters 45 or 53 of such title, or any other provision of law.
  • (3) The term “covered employee” has the meaning given that term in section 2443 of this title .

§ 2446. Treatment of contractors who engage in improper program management

• (a) Except as provided by subsection (b), if the Secretary of Energy or the Administrator determines that a covered contractor engaged in improper program management that resulted in a notification under section 2753 of this title or significantly and detrimentally affected the cost, scope, or schedule associated with the approval of critical decision 3 in the acquisition process for a project (as defined in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets)), the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees—
  • (1) an explanation as to whether termination of the contract is an appropriate remedy;
  • (2) a description of the terms of the contract regarding award fees and performance; and
  • (3) a description of how the Secretary or the Administrator, as the case may be, plans to exercise options under the contract.
• (b) If the Secretary or the Administrator, as the case may be, is not able to submit the information described in paragraphs (1) through (3) of subsection (a) by reason of a contract enforcement action, the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of such contract enforcement action and the date on which the Secretary or the Administrator, as the case may be, plans to submit the information described in such paragraphs.
• (c) In this section:
  • (1) The term “appropriate congressional committees” means—
    • (A) the congressional defense committees; and
    • (B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
  • (2) The term “covered contractor” means—
    • (A) a contractor of the Administration; or
    • (B) a contractor of an element of the Department of Energy (other than the Administration) involved in nuclear security.

§ 2451. Separate treatment in budget

• (a) In each budget submitted by the President to Congress under section 1105 of title 31 , amounts requested for the Administration shall be set forth separately within the other amounts requested for the Department of Energy.
• (b)
  • (1) In the budget justification materials submitted to Congress in support of each such budget, the amounts requested for the Administration shall be specified in individual, dedicated program elements.
  • (2) In the budget justification materials submitted to Congress in support of each such budget, the Administrator shall include an assessment of how the budget maintains the core nuclear weapons skills of the Administration, including nuclear weapons design, engineering, production, testing, and prediction of stockpile aging.

§ 2452. Planning, programming, and budgeting process

• (a) The Administrator shall establish procedures to ensure that the planning, programming, budgeting, and financial activities of the Administration comport with sound financial and fiscal management principles. Those procedures shall, at a minimum, provide for the planning, programming, and budgeting of activities of the Administration using funds that are available for obligation for a limited number of years.
• (b)
  • (1) Each year, the Administrator shall prepare a plan for the obligation of the amounts that, in the President’s budget submitted to Congress that year under section 1105(a) of title 31 , are proposed to be appropriated for the Administration for the fiscal year that begins in that year (in this section referred to as the “budget year”) and the two succeeding fiscal years.
  • (2) For each program element and construction line item of the Administration, the plan shall provide the goal of the Administration for the obligation of those amounts for that element or item for each fiscal year of the plan, expressed as a percentage of the total amount proposed to be appropriated in that budget for that element or item.
• (c) The Administrator shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31 , each of the following:
  • (1) The plan required by subsection (b) prepared with respect to that budget.
  • (2) A report on the plans prepared with respect to the preceding years’ budgets, which shall include, for each goal provided in those plans—
    • (A) the assessment of the Administrator as to whether or not that goal was met; and
    • (B) if that assessment is that the goal was not met—
      • (i) the reasons why that goal was not met; and
      • (ii) the plan of the Administrator for meeting or, if necessary, adjusting that goal.

§ 2453. Future-years nuclear security program

• (a) 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 , 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) 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 help ensure that the nuclear weapons stockpile is safe and reliable, as determined in accordance with the criteria established under section 2522(a) of this title .
  • (4) A description of the anticipated workload requirements for each Administration site during that five-fiscal-year period.
• (c)
  • (1) The Administrator shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.
  • (2) Amounts referred to in paragraph (1) are the following:
    • (A) The amounts specified in program and budget information submitted to Congress by the Administrator in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the future-years nuclear security program submitted pursuant to subsection (a).
    • (B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Administration included pursuant to paragraph (5) of section 1105(a) of such title in the budget submitted to Congress under that section for any fiscal year.
• (d) Nothing in this section shall be construed to prohibit the inclusion in the future-years nuclear security program of amounts for management contingencies, subject to the requirements of subsection (c).

§ 2454. Semiannual financial reports on defense nuclear nonproliferation programs

• (a) The Administrator shall submit to the Committees on Armed Services of the Senate and the House of Representatives a semiannual report on the amounts available for the defense nuclear nonproliferation programs of the Administration. Each such report shall cover a half of a fiscal year (in this section referred to as a “fiscal half”) and shall be submitted not later than 30 days after the end of that fiscal half.
• (b) Each report for a fiscal half shall, for each such defense nuclear nonproliferation program for which amounts are available for the fiscal year that includes that fiscal half, set forth the following:
  • (1) The aggregate amount available for such program as of the beginning of such fiscal half and, within such amount, the uncommitted balances, the unobligated balances, and the unexpended balances.
  • (2) The aggregate amount newly made available for such program during such fiscal half and, within such amount, the amount made available by appropriations, by transfers, by reprogrammings, and by other means.
  • (3) The aggregate amount available for such program as of the end of such fiscal half and, within such amount, the uncommitted balances, the unobligated balances, and the unexpended balances.

§ 2455a. National Nuclear Security Administration authority for urgent nonproliferation activities

• (a) Subject to the notification requirement under subsection (b), not more than 10 percent of the total amounts appropriated or otherwise made available in any fiscal year for the nonproliferation programs of the Department of Energy National Nuclear Security Administration may be expended, notwithstanding any other law, for activities described under subsection (b)(1)(B).
• (b)
  • (1) The Secretary of Energy, with the concurrence of the Secretary of State and the Secretary of Defense, may make a written determination that—
    • (A) threats arising from the proliferation of nuclear or radiological weapons or weapons-related materials, technologies, and expertise must be addressed urgently;
    • (B) certain provisions of law would unnecessarily impede the Secretary’s ability to carry out nonproliferation activities of the National Nuclear Security Administration to address such threats; and
    • (C) it is necessary to expend amounts described in subsection (a) to carry out such activities.
  • (2) Not later than 15 days before obligating or expending funds under the authority provided in subsection (a), the Secretary of Energy shall notify the appropriate congressional committees of the determination made under paragraph (1). The notice shall include—
    • (A) the determination;
    • (B) the activities to be undertaken by the nonproliferation programs of the National Nuclear Security Administration;
    • (C) the expected time frame for such activities; and
    • (D) the expected costs of such activities.
• (c) In this section, the term “appropriate congressional committees” means—
  • (1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and
  • (2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.

§ 2461. Environmental protection, safety, and health requirements

• (a) The Administrator shall ensure that the Administration complies with all applicable environmental, safety, and health statutes and substantive requirements.
• (b) The Administrator shall develop procedures for meeting such requirements.
• (c) Nothing in this chapter shall diminish the authority of the Secretary of Energy to ascertain and ensure that such compliance occurs.

§ 2462. Compliance with Federal Acquisition Regulation

The Administrator shall establish procedures to ensure that the mission and programs of the Administration are executed in full compliance with all applicable provisions of the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41 .

§ 2463. Sharing of technology with Department of Defense

The Administrator shall, in cooperation with the Secretary of Defense, establish procedures and programs to provide for the sharing of technology, technical capability, and expertise between the Administration and the Department of Defense to further national security objectives.

§ 2464. Use of capabilities of national security laboratories by entities outside the Administration

The Secretary of Energy, in consultation with the Administrator, shall establish appropriate procedures to provide for the use, in a manner consistent with the national security mission of the Administration under section 2401(b) of this title , of the capabilities of the national security laboratories by elements of the Department of Energy not within the Administration, other Federal agencies, and other appropriate entities, including the use of those capabilities to support efforts to defend against weapons of mass destruction.

§ 2465. Enhancing private-sector employment through cooperative research and development activities

• (a) The Administrator for Nuclear Security shall encourage cooperative research and development activities at the national security laboratories (as defined in section 2471 of this title ) that lead to the creation of new private-sector employment opportunities.
• (b) Not later than January 31 of each year from 2012 through 2017, the Administrator shall submit to Congress a report detailing the number of new private-sector employment opportunities created as a result of the previous years’ cooperative research and development activities at each national security laboratory.

§ 2471. Definitions

For purposes of this chapter:

• (1) 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.
• (2) The term “nuclear weapons production facility” means any of the following:
  • (A) The Kansas City National Security Campus, Kansas City, Missouri.
  • (B) The Pantex Plant, Amarillo, Texas.
  • (C) The Y–12 National Security Complex, Oak Ridge, Tennessee.
  • (D) The Savannah River Site, Aiken, South Carolina.
  • (E) The Nevada National Security Site, Nevada.
  • (F) Any facility of the Department of Energy that the Secretary of Energy, in consultation with the Administrator and Congress, determines to be consistent with the mission of the Administration.
• (3) The term “classified information” means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 ([former] 50 U.S.C. 401 note) [now 50 U.S.C. 3001 note], Executive Order No. 12958 of April 17, 1995 ([former] 50 U.S.C. 435 note), or successor orders, to require protection against unauthorized disclosure and that is so designated.
• (4) The term “Restricted Data” has the meaning given such term in section 2014(y) of title 42 .
• (5) The term “congressional defense committees” means—
  • (A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
  • (B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
• (6) The term “nuclear security enterprise” means the physical facilities, technology, and human capital of the national security laboratories and the nuclear weapons production facilities.

§ 2481. Functions transferred

• (a) 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) 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) 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)
  • (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 appropriations credited to an account under paragraph (1)(A) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited to an account under paragraph (1)(B) are subject only to such limitations as are applicable to the appropriations from which they are transferred.
• (e)
  • (1) With respect to any function, power, or duty or activity of the Department of Energy that is transferred to the Administration, those employees of the element of the Department of Energy from which the transfer is made that the Secretary of Energy determines are needed to perform that function, power, or duty, or for that activity, as the case may be, shall be transferred to the Administration.
  • (2) The authorized strength in civilian employees of any element of the Department of Energy from which employees are transferred under this section is reduced by the number of employees so transferred.

§ 2484. Applicability of preexisting laws and regulations

With respect to any facility, mission, or function of the Department of Energy that the Secretary of Energy transfers to the Administrator under section 2481 of this title , unless otherwise provided in this chapter, all provisions of law and regulations in effect immediately before the date of the transfer that are applicable to such facility, mission, or function shall continue to apply to the corresponding functions of the Administration.