dreamproit/uscode huggingface dataset:
50 U.S.C. § 2408 (WAR AND NATIONAL DEFENSE)
§ 2408. Staff of Administration
(a) In general
The Administrator shall maintain within the Administration sufficient staff to assist the Administrator in carrying out the duties and responsibilities of the Administrator.
(b) Responsibilities
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.
(Pub. L. 106–65, div. C, title XXXII, § 3218, Oct. 5, 1999, 113 Stat. 960; Pub. L. 109–364, div. C, title XXXI, § 3117(e), Oct. 17, 2006, 120 Stat. 2508.)
heading: Amendments
text: 2006—Subsec. (b)(4), (5). Pub. L. 109–364 added par. (4) and redesignated former par. (4) as (5).
50 U.S.C. § 2409 (WAR AND NATIONAL DEFENSE)
§ 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.
(Pub. L. 106–65, div. C, title XXXII, § 3219, as added Pub. L. 106–377, § 1(a)(2) [title III, § 314(a)], Oct. 27, 2000, 114 Stat. 1441, 1441A–81.)
50 U.S.C. § 2421 (WAR AND NATIONAL DEFENSE)
§ 2421. Protection of national security information
(a) Policies and procedures required
The Administrator shall establish procedures to ensure the maximum protection of classified information in the possession of the Administration.
(b) Prompt reporting
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.
(Pub. L. 106–65, div. C, title XXXII, § 3231, Oct. 5, 1999, 113 Stat. 960.)
50 U.S.C. § 2422 (WAR AND NATIONAL DEFENSE)
§ 2422. Office of Defense Nuclear Security
(a) Establishment
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) Chief of Defense Nuclear Security
(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.
(Pub. L. 106–65, div. C, title XXXII, § 3232, Oct. 5, 1999, 113 Stat. 960; Pub. L. 109–364, div. C, title XXXI, § 3117(b)(1), Oct. 17, 2006, 120 Stat. 2507.)
heading: Amendments
text: 2006—Pub. L. 109–364, § 3117(b)(1)(A), struck out “Office of Defense Nuclear Counterintelligence and” before “Office of Defense Nuclear Security” in section catchline.
Subsec. (a). Pub. L. 109–364, § 3117(b)(1)(B), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows:
“(1) There are within the Administration—
“(A) an Office of Defense Nuclear Counterintelligence; and
“(B) an Office of Defense Nuclear Security.
“(2) Each office established under paragraph (1) shall be headed by a Chief appointed by the Secretary of Energy. The Administrator shall recommend to the Secretary suitable candidates for each such position.”
Subsecs. (b), (c). Pub. L. 109–364, § 3117(b)(1)(C), (D), redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to the Chief of Defense Nuclear Counterintelligence.
50 U.S.C. § 2423 (WAR AND NATIONAL DEFENSE)
§ 2423. Counterintelligence programs
(a) National security laboratories and nuclear weapons production facilities
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) Other facilities
The Secretary of Energy shall, at each Administration facility not described in subsection (a) of this section at which Restricted Data is located, assign an employee of the Office of Counterintelligence of the Department of Energy who shall be responsible for and assess counterintelligence matters at that facility.
(Pub. L. 106–65, div. C, title XXXII, § 3233, Oct. 5, 1999, 113 Stat. 961; Pub. L. 109–364, div. C, title XXXI, § 3117(a)(2)(C), (c), Oct. 17, 2006, 120 Stat. 2507, 2508; Pub. L. 111–84, div. C, title XXXI, § 3121, Oct. 28, 2009, 123 Stat. 2710.)
heading: Amendments
text: 2009—Pub. L. 111–84 amended Pub. L. 109–364, § 3117(a), see 2006 Amendment note below.
2006—Pub. L. 109–364, § 3117(a), which, in par. (2), directed amendment of this section by substituting “Administrator” for “Secretary of Energy” in subsecs. (a) and (b) and “Administration” for “Office of Counterintelligence of the Department of Energy” in subsec. (b), effective Sept. 30, 2010, was amended generally by Pub. L. 111–84, and as so amended, no longer contains a par. (2) or amends this section.
Pub. L. 109–364, § 3117(c), substituted “Secretary of Energy” for “Administrator” in subsecs. (a) and (b) and “Office of Counterintelligence of the Department of Energy” for “Office of Defense Nuclear Counterintelligence” in subsec. (b).
50 U.S.C. § 2424 (WAR AND NATIONAL DEFENSE)
§ 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.
(Pub. L. 106–65, div. C, title XXXII, § 3234, Oct. 5, 1999, 113 Stat. 961.)
50 U.S.C. § 2425 (WAR AND NATIONAL DEFENSE)
§ 2425. Government access to information on Administration computers
(a) Procedures required
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) Expectation of privacy in Administration computers
Notwithstanding any other provision of law (including any provision of law enacted by the Electronic Communications Privacy Act of 1986), no user of an Administration computer shall have any expectation of privacy in the use of that computer.
(c) Definition
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.
(Pub. L. 106–65, div. C, title XXXII, § 3235, Oct. 5, 1999, 113 Stat. 961.)
heading: References in Text
text: The Electronic Communications Privacy Act of 1986, referred to in subsec. (b), is Pub. L. 99–508, Oct. 21, 1986, 100 Stat. 1848, as amended. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 2510 of Title 18, Crimes and Criminal Procedure, and Tables.
50 U.S.C. § 2441 (WAR AND NATIONAL DEFENSE)
§ 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 600 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 excepted positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such an excepted position to replace the vacancy of a nonexcepted position.
(Pub. L. 106–65, div. C, title XXXII, § 3241, Oct. 5, 1999, 113 Stat. 964; Pub. L. 112–239, div. C, title XXXI, § 3111(b)(1), (2), Jan. 2, 2013, 126 Stat. 2169.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title XXXII of div. C of Pub. L. 106–65, Oct. 5, 1999, 113 Stat. 953, as amended, which is classified principally to this chapter. For complete classification of title XXXII to the Code, see Short Title note set out under section 2401 of this title and Tables.
heading: Amendments
text: 2013—Pub. L. 112–239, in section catchline, inserted “contracting, program management,” before “scientific” and, in text, substituted “600 contracting, program management, scientific” for “300 scientific” and inserted at end “To ensure that the excepted positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such an excepted position to replace the vacancy of a nonexcepted position.”
50 U.S.C. § 2441a (WAR AND NATIONAL DEFENSE)
§ 2441a. Authorized personnel levels of the Office of the Administrator
(a) Full-time equivalent personnel levels
(1) Total number
By October 1, 2014, the total number of employees of the Office of the Administrator may not exceed 1,825.
(2) Excess
For fiscal year 2015 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 1,825, the Administrator submits to the congressional defense committees a report justifying such excess.
(b) Counting rule
(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) Voluntary early retirement
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) Use of IPA
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.
(Pub. L. 106–65, div. C, title XXXII, § 3241A, as added Pub. L. 112–239, div. C, title XXXI, § 3111(a)(1), Jan. 2, 2013, 126 Stat. 2168.)
50 U.S.C. § 2442 (WAR AND NATIONAL DEFENSE)
§ 2442. Repealed. Pub. L. 112–239, div. C, title XXXI, § 3132(c)(1)(A), Jan. 2, 2013, 126 Stat. 2186
text: Section, Pub. L. 106–65, div. C, title XXXII, § 3242, Oct. 5, 1999, 113 Stat. 964, related to voluntary early retirement authority.
50 U.S.C. § 2443 (WAR AND NATIONAL DEFENSE)
§ 2443. Repealed. Pub. L. 107–107, div. C, title XXXI, § 3143, Dec. 28, 2001, 115 Stat. 1371
text: Section, Pub. L. 106–65, div. C, title XXXII, § 3245, as added Pub. L. 106–377, § 1(a)(2) [title III, § 315], Oct. 27, 2000, 114 Stat. 1441, 1441A–81, related to prohibition on pay of personnel engaged in concurrent service or duties inside and outside Administration.
50 U.S.C. § 2452 (WAR AND NATIONAL DEFENSE)
§ 2452. Planning, programming, and budgeting process
(a) Procedures required
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) Annual plan for obligation of funds
(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) Submission of plan and report
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) of this section 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.
(Pub. L. 106–65, div. C, title XXXII, § 3252, Oct. 5, 1999, 113 Stat. 966; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3158(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–469.)
heading: Amendments
text: 2000—Pub. L. 106–398 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) and (c).
heading: First Report on Assessment of Prior Plans; GAO Report
text: Pub. L. 106–398, § 1 [div. C, title XXXI, § 3158(b), (c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–469, provided that:
“(b) Effective Date of Requirement to Assess Prior Plan.—
The first report submitted under paragraph (2) of subsection (c) of such section [subsec. (c)(2) of this section] (as added by subsection (a)) shall be the report on the plan prepared with respect to the budget submitted in calendar year 2001.
“(c) GAO Report.—
Not later than March 15, 2001, the Comptroller General shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] an assessment of the adequacy of the planning, programming, and budgeting processes of the National Nuclear Security Administration.”
50 U.S.C. § 2454 (WAR AND NATIONAL DEFENSE)
§ 2454. Semiannual financial reports on defense nuclear nonproliferation programs
(a) Semiannual reports required
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) Contents
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.
(Pub. L. 106–65, div. C, title XXXII, § 3254, as added Pub. L. 108–136, div. C, title XXXI, § 3121(a), Nov. 24, 2003, 117 Stat. 1746.)
heading: First Report
text: Pub. L. 108–136, div. C, title XXXI, § 3121(b), Nov. 24, 2003, 117 Stat. 1747, provided that: “The first report required to be submitted by section 3254 of the National Nuclear Security Administration Act (as added by subsection (a) [this section]) shall be the report covering the first half of fiscal year 2004.”
50 U.S.C. § 2455 (WAR AND NATIONAL DEFENSE)
§ 2455. Comptroller General assessment of adequacy of budget requests with respect to the modernization and refurbishment of the nuclear weapons stockpile
(a) GAO study and reports
(1) For the nuclear security budget materials submitted in each fiscal year by the Administrator, the Comptroller General of the United States shall conduct a study on whether both the budget for the fiscal year following the fiscal year in which such budget materials are submitted and the future-years nuclear security program submitted to Congress in relation to such budget under section 2453 of this title provide for funding of the nuclear security enterprise at a level that is sufficient for the modernization and refurbishment of the nuclear security enterprise.
(2) Not later than 90 days after the date on which the Administrator submits the nuclear security budget materials, the Comptroller General shall submit to the congressional defense committees a report on the study under paragraph (1), including—
(A) the findings of such study; and
(B) whether the nuclear security budget materials support the requirements for infrastructure recapitalization of the facilities of the nuclear security enterprise.
(b) Definitions
In this section:
(1) The term “budget” means the budget for a fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
(2) The term “nuclear security budget materials” means the materials submitted to Congress by the Administrator in support of the budget for a fiscal year.
(Pub. L. 106–65, div. C, title XXXII, § 3255, as added Pub. L. 111–84, div. C, title XXXI, § 3116(a), Oct. 28, 2009, 123 Stat. 2707; amended Pub. L. 111–383, div. C, title XXXI, § 3113(a), Jan. 7, 2011, 124 Stat. 4509; Pub. L. 112–239, div. C, title XXXI, § 3132(a)(2), Jan. 2, 2013, 126 Stat. 2185.)
heading: Amendments
text: 2013—Subsec. (a). Pub. L. 112–239, § 3132(a)(2)(A), substituted “nuclear security enterprise” for “nuclear security complex” wherever appearing.
Subsec. (b)(3). Pub. L. 112–239, § 3132(a)(2)(B), struck out par. (3), which defined “nuclear security complex”.
2011—Pub. L. 111–383 amended section generally. Prior to amendment, section related to biennial plan and budget assessment on the modernization and refurbishment of the nuclear security complex.
50 U.S.C. § 2455a (WAR AND NATIONAL DEFENSE)
§ 2455a. National Nuclear Security Administration authority for urgent nonproliferation activities
(a) In general
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) Determination and notice
(1) Determination
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) Notice required
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) Appropriate congressional committees
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.
(Pub. L. 111–84, div. C, title XXXI, § 3120, Oct. 28, 2009, 123 Stat. 2710.)
heading: Codification
text: Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of the National Nuclear Security Administration Act which comprises this chapter.