USC Subchapter I

in effect

50 U.S.C. § 2401 Establishment and mission

(a) EstablishmentThere 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) MissionThe 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 principlesIn 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.

50 U.S.C. § 2402 Administrator for Nuclear Security

(a) In general(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) FunctionsThe 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 and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents. (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. (20) Information resources management, including cybersecurity. (c) Procurement authorityThe Administrator is the senior procurement executive for the Administration for the purposes of section 1702(c) of title 41. (d) Policy authorityThe Administrator may establish Administration-specific policies, unless disapproved by the Secretary of Energy. (e) Membership on Nuclear Weapons CouncilThe Administrator serves as a member of the Nuclear Weapons Council under section 179 of title 10. (f) Reorganization authorityExcept 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.

50 U.S.C. § 2403 Principal Deputy Administrator for Nuclear Security

(a) In general(1) There is in the Administration a Principal Deputy Administrator, who is appointed by the President, by and with the advice and consent of the Senate. (2) The Principal Deputy Administrator shall be appointed from among persons who have extensive background in organizational management and are well qualified to manage the nuclear weapons, infrastructure construction and maintenance, nonproliferation, and materials disposition programs of the Administration in a manner that advances and protects the national security of the United States. (b) DutiesSubject 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.

50 U.S.C. § 2404 Deputy Administrator for Defense Programs

(a) In generalThere 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) DutiesSubject 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) Supporting the deterrence of strategic attacks by maintaining and enhancing the performance, reliability, and security of the United States nuclear weapons stockpile, including the ability to design, produce, and test as necessary to meet national security requirements. (2) Directing, managing, and overseeing the nuclear weapons production facilities and the national security laboratories.

50 U.S.C. § 2405 Deputy Administrator for Defense Nuclear Nonproliferation

(a) In generalThere 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) DutiesSubject 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.

50 U.S.C. § 2406 Deputy Administrator for Naval Reactors

(a) In general(1) There is in the Administration a Deputy Administrator for Naval Reactors. The director of the Naval Nuclear Propulsion Program 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) DutiesThe 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) Effect on Executive OrderExcept 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 OrderAs 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) 11 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

50 U.S.C. § 2407 General Counsel

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

50 U.S.C. § 2408 Staff of Administration

(a) In generalThe Administrator shall maintain within the Administration sufficient staff to assist the Administrator in carrying out the duties and responsibilities of the Administrator. (b) ResponsibilitiesThe 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.

50 U.S.C. § 2409 Scope of authority of Secretary of Energy to modify organization of Administration

Notwithstanding the authority granted by section 7253 of title 42 or any other provision of law, the Secretary of Energy may not establish, abolish, alter, consolidate, or discontinue any organizational unit or component, or transfer any function, of the Administration, except as authorized by subsection (b) or (c) of section 2481 of this title.

50 U.S.C. § 2410 Status of Administration and contractor personnel within Department of Energy

(a) Status of Administration personnelEach 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) Status of contractor personnelEach 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) Construction of sectionSubsections (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 holdingExcept in accordance with sections 2402(a)(2) and 2406(a)(1) of this title:(1) An individual may not concurrently hold or carry out the responsibilities of—(A) a position within the Administration; and (B) a position within the Department of Energy not within the Administration. (2) No funds appropriated or otherwise made available for any fiscal year may be used to pay, to an individual who concurrently holds or carries out the responsibilities of a position specified in paragraph (1)(A) and a position specified in paragraph (1)(B), the basic pay, salary, or other compensation relating to any such position. (e) Status of intelligence and counterintelligence personnelNotwithstanding 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.

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

(a) Establishment(1) There is in the Administration a Director for Cost Estimating and Program Evaluation (in this section referred to as the “Director”). (2) The position of the Director shall be a Senior Executive Service position (as defined in section 3132(a) of title 5). (b) Duties(1) The Director shall be the principal advisor to the Administrator, the Deputy Secretary of Energy, and the Secretary of Energy with 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) Activities for cost estimation(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) Activities for program evaluation(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 11 See References in Text note below. 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) Data collection and accessibilityThe 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) StaffThe 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) Reports by DirectorThe 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) Rule of ConstructionNothing 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) DefinitionsIn this section:(1) AdministrationThe term “Administration”, with respect to any authority, duty, or responsibility provided by this section, does not include the Office of Naval Reactors. (2) Major atomic energy defense acquisition programThe 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) Performance baselineThe 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.

50 U.S.C. § 2412 Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group

(a) EstablishmentThere is in the Administration a working group, to be known as the “Cybersecurity Risk Inventory, Assessment, and Mitigation Working Group” (referred to in this section as the “working group”). (b) MembershipMembers of the working group shall include—(1) the Deputy Administrator for Defense Programs; (2) the Associate Administrator for Information Management and Chief Information Officer; and (3) such other personnel of the Administration as are determined appropriate for inclusion in the working group by the Chairperson. (c) ChairpersonThe Deputy Administrator for Defense Programs shall serve as the Chairperson of the working group, except that the Administrator may designate another member of the working group to serve as Chairperson in lieu of the Deputy Administrator if the Administrator determines it is appropriate to do so. (d) Comprehensive strategyThe working group shall prepare a comprehensive strategy for inventorying the range of systems of the Administration that are potentially at risk in the operational technology and nuclear weapons information technology environments, assessing the systems at risk based on mission impact, and implementing risk mitigation actions. Such strategy shall incorporate key elements of effective cybersecurity risk management strategies, as identified by the Government Accountability Office, including the specification of—(1) goals, objectives, activities, and performance measures; (2) organizational roles, responsibilities, and coordination; (3) resources needed to implement the strategy through 2034; and (4) detailed milestones and schedules for completion of tasks. (e) Submission to Congress(1) Interim briefingNot later than 120 days after December 22, 2023, the working group shall provide to the congressional defense committees a briefing on the plan of the working group to develop the strategy required under subsection (d). (2) Completed strategyNot later than April 1, 2025, the working group shall submit the congressional defense committees a copy of the completed strategy. (f) TerminationThe working group shall terminate on a date determined by the Administrator that is not earlier than the date that is five years after December 22, 2023.