USC Chapter 601

in effect

10 U.S.C. § 6101 Definitions

Except as otherwise provided, in this subpart: (1) The term “Administration” means the National Nuclear Security Administration. (2) The term “Administrator” means the Administrator for Nuclear Security. (3) The term “classified information” means any information that has been determined pursuant to Executive Order No. 12333 of December 4, 1981 (50 U.S.C. 3001 note), Executive Order No. 12958 of April 17, 1995 (50 U.S.C. 3161 note),11 See References in Text note below. Executive Order No. 13526 of December 29, 2009 (50 U.S.C. 3161 note), or successor orders, to require protection against unauthorized disclosure and that is so designated. (4) The terms “defense nuclear facility” and “Department of Energy defense nuclear facility” have the meaning given the term “Department of Energy defense nuclear facility” in section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g). (5) The term “nuclear security enterprise” means the physical facilities, technology, and human capital of the national security laboratories and the nuclear weapons production facilities. (6) The term “national security laboratory” means any of the following:(A) Los Alamos National Laboratory, Los Alamos, New Mexico. (B) Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California. (C) Lawrence Livermore National Laboratory, Livermore, California. (7) The term “Nuclear Weapons Council” means the Nuclear Weapons Council established by section 179. (8) 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. (9) The term “Restricted Data” has the meaning given such term in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).

10 U.S.C. § 6102 Naval Nuclear Propulsion Program

The provisions of Executive Order Numbered 12344, dated February 1, 1982, pertaining to the Naval Nuclear Propulsion Program, shall remain in force until changed by law.

10 U.S.C. § 6103 Management structure for nuclear security enterprise

(a) In General.—The Administrator shall establish a management structure for the nuclear security enterprise 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 advise 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 Administration and the nuclear security enterprise; and (E) such other matters as the Administrator determines appropriate. (2) The Council shall be composed of the directors of the national security laboratories and the nuclear weapons production facilities. (3) The Council may provide the Administrator or the Secretary of Energy recommendations—(A) for improving the governance, management, effectiveness, and efficiency of the Administration; and (B) relating to any other matter in accordance 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 implementing or not implementing such recommendation. (c) Rule of Construction.—This section may not be construed as affecting the authority of the Secretary of Energy, in carrying out national security programs, with respect to the management, planning, and oversight of the Administration or as affecting the delegation by the Secretary of authority to carry out such activities, as set forth under subsection (a) of section 4102 of the Atomic Energy Defense Act (50 U.S.C. 2512) as it existed before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2169).

10 U.S.C. § 6104 Monitoring of industrial base for nuclear weapons components, subsystems, and materials

(a) Designation of Official.—Not later than March 1, 2021, the Administrator shall designate a senior official within the Administration to be responsible for monitoring 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 subsection (a) is provided with resources sufficient to conduct 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 conducting 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; (2) officials of the Department of Defense responsible for the defense industrial base; and (3) other components of the Department of Energy that rely on similar components, subsystems, or materials. (d) Briefings.—(1) 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 resources sufficient to conduct the monitoring required by subsection (a). (2) Not later than April 1, 2022, and annually thereafter through 2024, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on activities carried out under this section that includes an assessment of the progress made by the official designated under subsection (a) in conducting the monitoring required by that subsection. (e) Reports.—The Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report—(1) identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the 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 Administration has underway or planned to mitigate any such risks or gaps; (4) setting forth the anticipated timelines and resources 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.

10 U.S.C. § 6105 Common financial reporting system for the nuclear security enterprise

(a) In General.—By not later than four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), the Administrator shall, in consultation with the National Nuclear Security Administration Council established by section 6103, complete, to the extent practicable, the implementation of a common 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 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 breakdown structures with the budget structure of the Administration. (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 Office of Cost Assessment and Program Evaluation of the Department of Defense using historical costing data by the Administration. (c) Reports.—(1) Not later than March 1, 2017, and annually thereafter, the Administrator shall, in consultation with the National Nuclear Security Administration Council, submit to the congressional defense committees a report on progress of the Administration toward implementing a common financial reporting system for the nuclear security enterprise as required by subsection (a). (2) Each report under this subsection shall include the following:(A) A summary of activities, accomplishments, challenges, benefits, and costs related to the implementation of a common financial reporting system for the nuclear security enterprise during the year preceding the year in which such report is submitted. (B) A summary of planned activities in connection with the implementation of a common financial reporting system for the nuclear security enterprise in the year in which such report is submitted. (C) A description of any anticipated modifications 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 implementation. (3) No report is required under this subsection after the completion of the implementation of a common financial reporting system for the nuclear security enterprise.

10 U.S.C. § 6106 Restriction on licensing requirement for certain defense activities and facilities

None of the funds authorized to be appropriated 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.

10 U.S.C. § 6107 Establishment of Center for Security Technology, Analysis, Response, and Testing

(a) Establishment.—The Administrator for Nuclear Security shall establish within the nuclear security enterprise 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 management 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 activities with respect to security. (5) Promote professional development and training for security professionals. (6) Provide for advance and bulk procurement for security-related acquisitions that affect multiple facilities of the nuclear security enterprise. (7) Advocate for continual improvement and security excellence throughout the nuclear security enterprise. (8) Such other duties as the Administrator may assign.