SUBCHAPTER I—ORGANIZATIONAL MATTERS
§2511. 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.
(
Editorial Notes
References in Text
Executive Order Numbered 12344, referred to in text, is set out as a note below.
Codification
Section was formerly set out as a note under
Executive Documents
Transfer of Functions
All national security functions and activities performed immediately before Oct. 5, 1999, by the Office of Naval Reactors transferred to the Administrator for Nuclear Security of the National Nuclear Security Administration of the Department of Energy, and the Deputy Administrator for Naval Reactors of the Administration to be assigned the responsibilities, authorities, and accountability for all functions of the Office of Naval Reactors under Executive Order No. 12344, set out below, see
Executive Order No. 12344 To Remain in Force
Except as otherwise specified in
Ex. Ord. No. 12344. Naval Nuclear Propulsion Program
Ex. Ord. No. 12344, Feb. 1, 1982, 47 F.R. 4979, provided:
By the authority vested in me as President and as Commander in Chief of the Armed Forces of the United States of America, with recognition of the crucial importance to national security of the Naval Nuclear Propulsion Program, and for the purpose of preserving the basic structure, policies, and practices developed for this Program in the past and assuring that the Program will continue to function with excellence, it is hereby ordered as follows:
(a) direct supervision over the Bettis and Knolls Atomic Power Laboratories, the Expended Core Facility and naval reactor prototype plants;
(b) research, development, design, acquisition, specification, construction, inspection, installation, certification, testing, overhaul, refueling, operating practices and procedures, maintenance, supply support, and ultimate disposition, of naval nuclear propulsion plants, including components thereof, and any special maintenance and service facilities related thereto;
(c) the safety of reactors and associated navel [naval] nuclear propulsion plants, and control of radiation and radioactivity associated with naval nuclear propulsion activities, including prescribing and enforcing standards and regulations for these areas as they affect the environment and the safety and health of workers, operators, and the general public;
(d) training, including training conducted at the naval prototype reactors of the Department of Energy, and assistance and concurrence in the selection, training, qualification, and assignment of personnel reporting to the director and of personnel who supervise, operate, or maintain naval nuclear propulsion plants; and
(e) administration of the Naval Nuclear Propulsion Program, including oversight of program support in areas such as security, nuclear safeguards and transportation, public information, procurement, logistics and fiscal management.
(a) research, development, design, procurement, specification, construction, inspection, installation, certification, testing, overhaul, refueling, operating practices and procedures, maintenance, supply support, and ultimate disposition, of naval nuclear propulsion plants, including components thereof, and any special maintenance and service facilities related thereto; and
(b) training programs, including Nuclear Power Schools of the Navy, and assistance and concurrence in the selection, training, qualification, and assignment of personnel reporting to the director and of Government personnel who supervise, operate, or maintain naval nuclear propulsion plants.
(a) the safety of reactors and associated naval nuclear propulsion plants, and control of radiation and radioactivity associated with naval nuclear propulsion activities, including prescribing and enforcing standards and regulations for these areas as they affect the environment and the safety and health of workers, operators, and the general public.
(b) administration of the Naval Nuclear Propulsion Program, including oversight of program support in areas such as security, nuclear safeguards and transportation, public information, procurement, logistics, and fiscal management.
Ronald Reagan.
§2512. 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 (
(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.
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Editorial Notes
References in Text
The National Nuclear Security Administration Act, referred to in subsec. (a), is
Codification
Section was formerly set out as a note under
Amendments
2014—Subsec. (b)(3).
Subsec. (b)(3)(A).
Subsec. (b)(3)(B).
2013—
2003—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Monitoring of Industrial Base for Nuclear Weapons Components, Subsystems, and Materials
"(a)
"(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)
"(c)
"(1) officials of the Department of Defense who are members of the Nuclear Weapons Council established under
"(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)
"(1)
"(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)
"(e)
"(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 National Nuclear Security 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."
Common Financial Reporting System for the Nuclear Security Enterprise
"(a)
"(b)
"(1) Common data reporting requirements for work performed using funds of the National Nuclear Security 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)
"(1)
"(2)
"(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)
"(d)
Industry Best Practices in Operations at National Nuclear Security Administration Facilities and Sites
Governance and Management of Nuclear Security Enterprise
"(a)
"(1) correcting the longstanding problems with the governance and management of the nuclear security enterprise will require robust, personal, and long-term engagement by the President, the Secretary of Energy, the Administrator for Nuclear Security, and leaders from the appropriate congressional committees;
"(2) recent and past studies of the governance and management of the nuclear security enterprise have provided a list of reasonable, practical, and actionable steps that the Secretary and the Administrator should take to make the nuclear security enterprise more efficient and more effective; and
"(3) lasting and effective change to the nuclear security enterprise will require personal engagement by senior leaders, a clear plan, and mechanisms for ensuring follow-through and accountability.
"(b)
"(1)
"(B) The team established under paragraph (1) shall be co-chaired by the Deputy Secretary of Energy and the Administrator.
"(C) In developing and carrying out the implementation plan, the team shall consult with the implementation assessment panel established under subsection (c)(1).
"(2)
"(3)
"(c)
"(1)
"(2)
"(A) provide guidance to the Secretary and the Administrator with respect to the implementation plan developed under subsection (b)(1)(A), including how such plan compares or contrasts with the covered study;
"(B) track the implementation of such plan; and
"(C) assess the effectiveness of such plan.
"(3)
"(B) Beginning February 28, 2017, and semiannually thereafter through 2020, the panel established under paragraph (1) shall brief the appropriate congressional committees, the Secretary, and the Administrator on the efforts of the Secretary and the Administrator to implement the implementation plan developed under subsection (b)(1)(A).
"(C) Not later than September 30, 2020, the panel established under paragraph (1) shall submit to the appropriate congressional committees, the Secretary, and the Administrator a final report on the efforts of the Secretary and the Administrator to implement the implementation plan developed under subsection (b)(1)(A), including an assessment of the effectiveness of the reform efforts under such plan and whether further action is needed.
"(4)
"(d)
"(1)
"(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and
"(B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives.
"(2)
"(A) The final report of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise established by section 3166 of the National Defense Authorization Act for Fiscal Year 2013 (
"(B) Any other study not conducted by the Secretary or the Administrator that the Secretary determines appropriate for purposes of this section.
"(3)
"(e)
"(1) in contravention of section 3220 of the National Nuclear Security Administration Act (
"(2) that would undermine or weaken health, safety, or security."
Clarification of Role of Secretary of Energy
§2513. 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 (
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Editorial Notes
References in Text
The Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981, referred to in text, is
Codification
Section was formerly classified to
Prior Provisions
Provisions similar to those in this section were contained in the following appropriations act:
Amendments
2013—
2003—
Executive Documents
Transfer of Functions
For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561,
§2514. Transferred
Editorial Notes
Codification
Section,
§2515. Establishment of Center for Security Technology, Analysis, Response, and Testing
(a) Establishment
The Administrator for Nuclear Security shall establish within the nuclear security enterprise (as defined in
(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.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2014, and not as part of the Atomic Energy Defense Act which comprises this chapter.