50 U.S.C. § 2512 (WAR AND NATIONAL DEFENSE)
§ 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 (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.
(Pub. L. 107–314, div. D, title XLI, § 4102, formerly Pub. L. 104–201, div. C, title XXXI, § 3140, Sept. 23, 1996, 110 Stat. 2833; renumbered Pub. L. 107–314, div. D, title XLI, § 4102, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(d)(3), Nov. 24, 2003, 117 Stat. 1757; Pub. L. 112–239, div. C, title XXXI, § 3113(a), Jan. 2, 2013, 126 Stat. 2169; Pub. L. 113–291, div. C, title XXXI, § 3142(b), Dec. 19, 2014, 128 Stat. 3900.)
heading: References in Text
text: The National Nuclear Security Administration Act, referred to in subsec. (a), is Pub. L. 106–65, div. C, title XXXII, Oct. 5, 1999, 113 Stat. 953, which is classified principally to chapter 41 (§ 2401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2401 of this title and Tables.
heading: Codification
text: Section was formerly set out as a note under section 7252 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2014—Subsec. (b)(3). Pub. L. 113–291, § 3142(b)(1), struck out “for improving the” after “recommendations” in introductory provisions.
Subsec. (b)(3)(A). Pub. L. 113–291, § 3142(b)(2), inserted “for improving the” before “governance”.
Subsec. (b)(3)(B). Pub. L. 113–291, § 3142(b)(3), inserted “relating to” before “any other”.
2013—Pub. L. 112–239 amended section generally. Prior to amendment, section related to reorganization of field activities and management of national security functions.
2003—Subsec. (d)(2). Pub. L. 108–136, § 3141(d)(3)(D), substituted “January 21, 1997,” for “120 days after the date of the enactment of this Act,”.
heading: Governance and Management of Nuclear Security Enterprise
text: Pub. L. 114–92, div. C, title XXXI, § 3137, Nov. 25, 2015, 129 Stat. 1213, provided that:
“(a) Sense of Congress.—
It is the sense of Congress that—
“(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) Implementation Plan.—
“(1) Implementation action team.—
(A) The Secretary and the Administrator shall jointly establish a team of senior officials from the Department of Energy and the National Nuclear Security Administration to develop and carry out an implementation plan to reform the governance and management of the nuclear security enterprise to improve the effectiveness and efficiency of the nuclear security enterprise. Such plan shall be developed and implemented in accordance with the National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.), the Atomic Energy Defense Act (50 U.S.C. 2501 et seq.), and any other provision of law.
“(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) Elements.—
The implementation plan developed under paragraph (1)(A) shall address all recommendations contained in the covered study (except such recommendations that require legislative action to carry out) by identifying specific actions, milestones, timelines, and responsible personnel to implement such plan.
“(3) Submission.—
Not later than March 31, 2016, the Secretary and the Administrator shall jointly submit to the appropriate congressional committees the implementation plan developed under paragraph (1)(A).
“(c) Implementation Assessment Panel.—
“(1) Agreement.—
Not later than 60 days after the date of the enactment of this Act [Nov. 25, 2015], the Administrator shall seek to enter into a joint agreement with the National Academy of Sciences and the National Academy of Public Administration to establish a panel of external, independent experts to evaluate the implementation plan developed under subsection (b)(1)(A) and the implementation of such plan.
“(2) Duties.—
The panel established under paragraph (1) shall—
“(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) Reports.—
(A) Not later than July 1, 2016, the panel established under paragraph (1) shall submit to the appropriate congressional committees, the Secretary, and the Administrator an initial assessment of the implementation plan developed under subsection (b)(1)(A), including with respect to the completeness of the plan, how the plan aligns with the intent and recommendations made by the covered study, and the prospects for success for the plan.
“(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) Cooperation.—
The Secretary and the Administrator shall provide to the panel established under paragraph (1) full and timely access to all information, personnel, and systems of the Department of Energy and the National Nuclear Security Administration that the panel determines necessary to carry out this subsection.
“(d) Definitions.—
In this section:
“(1) Appropriate congressional committees.—
The term ‘appropriate congressional committees’ means—
“(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) Covered study.—
The term ‘covered study’ means the following:
“(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 (Public Law 112–239; 126 Stat. 2208).
“(B) Any other study not conducted by the Secretary or the Administrator that the Secretary determines appropriate for purposes of this section.
“(3) Nuclear security enterprise.—
The term ‘nuclear security enterprise’ has the meaning given that term in section 4002(6) of the Atomic Energy Defense Act (50 U.S.C. 2501(6)).
“(e) Rules of Construction.—
Nothing in this section shall be construed to authorize any action—
“(1) in contravention of section 3220 of the National Nuclear Security Administration Act (50 U.S.C. 2410); or
“(2) that would undermine or weaken health, safety, or security.”
heading: Clarification of Role of Secretary of Energy
text: Pub. L. 113–66, div. C, title XXXI, § 3141, Dec. 26, 2013, 127 Stat. 1069, provided that: “The amendment made by section 3113 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2169) to section 4102 of the Atomic Energy Defense Act (50 U.S.C. 2512) 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 National Nuclear Security Administration or as affecting the delegation by the Secretary of authority to carry out such activities, as set forth under subsection (a) of such section 4102 as it existed before the amendment made by such section 3113.”