### §2533. Reports on critical difficulties at national security laboratories and nuclear weapons production facilities

#### (a) Reports by heads of laboratories and facilities

In the event of a difficulty at a national security laboratory or a nuclear weapons production facility that has a significant bearing on confidence in the safety or reliability of a nuclear weapon or nuclear weapon type, the head of the laboratory or facility, as the case may be, shall submit to the Administrator a report on the difficulty. The head of the laboratory or facility shall submit the report as soon as practicable after discovery of the difficulty.

#### (b) Transmittal by Administrator

Not later than 10 days after receipt of a report under subsection (a), the Administrator shall transmit the report (together with the comments of the Administrator) to the congressional defense committees, to the Secretary of Energy and the Secretary of Defense, and to the President.

#### (c) Omitted

#### (d) Inclusion of reports in annual stockpile assessment

Any report submitted pursuant to subsection (a) shall also be submitted to the President and Congress with the matters required to be submitted under section 2525(f) of this title for the year in which such report is submitted.

(Pub. L. 107–314, div. D, title XLII, §4213, formerly Pub. L. 104–201, div. C, title XXXI, §3159, Sept. 23, 1996, 110 Stat. 2842, §4218(b), (c), formerly Pub. L. 105–85, div. A, title XIII, §1305(c), (d), Nov. 18, 1997, 111 Stat. 1954; Pub. L. 106–65, div. C, title XXXI, §3163(f), Oct. 5, 1999, 113 Stat. 946; renumbered Pub. L. 107–314, div. D, title XLII, §4213, by Pub. L. 108–136, div. C, title XXXI, §3141(e)(14), Nov. 24, 2003, 117 Stat. 1760; renumbered Pub. L. 107–314, div. D, title XLII, §4218(c), (d), and amended Pub. L. 112–239, div. C, title XXXI, §§3131(f)(1), 3164(a)(3), Jan. 2, 2013, 126 Stat. 2181, 2206; renumbered Pub. L. 107–314, div. D, title XLII, §4218(b), (c), and amended Pub. L. 113–66, div. C, title XXXI, §3146(c)(7), (10)(B), Dec. 26, 2013, 127 Stat. 1074, 1075.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 7274o of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Section is comprised in part of section 4213 of Pub. L. 107–314. See note below. Subsec. (c) of section 4213 of Pub. L. 107–314 amended section 179 of Title 10, Armed Forces.

Section is comprised of sections 4213 and 4218(b), (c) of Pub. L. 107–314. Section 4213, which was formerly part of Pub. L. 104–201, originally enacted this section, and section 4218(b), (c), which was formerly part of Pub. L. 105–85, originally amended this section. Both sections were renumbered to become part of Pub. L. 107–314 and, as a result, are shown in the source credit above as jointly comprising this section.

#### Amendments

2013—Pub. L. 113–66, §3146(c)(10)(B), renumbered Pub. L. 107–314, §4218(c), (d), as §4218(b), (c). See 1997 Amendment note below.

Pub. L. 112–239, §3164(a)(3), renumbered Pub. L. 105–85, §1305(c), (d), as Pub. L. 107–314, §4218(c), (d). See 1997 Amendment note below.

Pub. L. 112–239, §3131(f)(1)(A), substituted "national security laboratories and nuclear weapons production facilities" for "nuclear weapons laboratories and nuclear weapons production plants" in section catchline.

Subsec. (a). Pub. L. 113–66, §3146(c)(7)(A), substituted "facilities" for "plants" in heading and "laboratory or facility" for "laboratory or plant" in two places in text.

Pub. L. 112–239, §3131(f)(1)(B), in first sentence, substituted "national security laboratory" for "nuclear weapons laboratory", "production facility" for "production plant", and "Administrator" for "Assistant Secretary of Energy for Defense Programs".

Subsec. (b). Pub. L. 112–239, §3131(f)(1)(C), substituted "Administrator" for "Assistant Secretary" in heading and in two places in text.

Subsec. (d). Pub. L. 113–66, §3146(c)(7)(B), substituted "assessment" for "certification" in heading and "submitted to the President and Congress with the matters required to be submitted under section 2525(f) of this title" for "included with the decision documents that accompany the annual certification of the safety and reliability of the United States nuclear weapons stockpile which is provided to the President" in text.

Subsec. (e). Pub. L. 112–239, §3131(f)(1)(D), struck out subsec. (e), which defined terms "nuclear weapons laboratory" and "nuclear weapons production plant".

1999—Subsecs. (d), (e). Pub. L. 106–65 added subsec. (d) and redesignated former subsec. (d) as (e).

1997—Subsec. (b). Pub. L. 107–314, §4218(b), (c), formerly §4218(c), (d), formerly Pub. L. 105–85, §1305(c), (d), substituted "Not later than 10 days" for "As soon as practicable" and "committees," for "committees and" and inserted before period at end ", and to the President".

#### **Statutory Notes and Related Subsidiaries**

#### Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the advanced scientific computing research program and activities at Lawrence Livermore National Laboratory, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, see sections 183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

All national security functions and activities performed immediately before Oct. 5, 1999, by nuclear weapons laboratories and production facilities defined in this section, transferred to the Administrator for Nuclear Security of the National Nuclear Security Administration of the Department of Energy, see section 2481 of this title.