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50 U.S.C. § 2538c (WAR AND NATIONAL DEFENSE)
§ 2538c. Long-term plan for meeting national security requirements for unencumbered uranium
(a) In general
Not later than December 31 of each even-numbered year through 2026, the Secretary of Energy shall submit to the congressional defense committees a plan for meeting national security requirements for unencumbered uranium through 2065.
(b) Plan requirements
The plan required by subsection (a) shall include the following:
(1) An inventory of unencumbered uranium (other than depleted uranium), by program source and enrichment level, that, as of the date of the plan, is allocated to national security requirements.
(2) An inventory of unencumbered uranium (other than depleted uranium), by program source and enrichment level, that, as of the date of the plan, is not allocated to national security requirements but could be allocated to such requirements.
(3) An identification of national security requirements for unencumbered uranium, by program source and enrichment level.
(4) A description of any shortfall in obtaining unencumbered uranium to meet national security requirements and an assessment of whether that shortfall could be mitigated through the blending down of uranium that is of a higher enrichment level.
(5) An inventory of unencumbered depleted uranium, an assessment of the portion of that uranium that could be allocated to national security requirements through re-enrichment, and an estimate of the costs of re-enriching that uranium.
(6) A description of the swap and barter agreements involving unencumbered uranium needed to meet national security requirements that are in effect on the date of the plan.
(7) An assessment of whether additional enrichment of uranium will be required to meet national security requirements and an estimate of the time for production operations and the cost for each type of enrichment being considered.
(8) A description of changes in policy that would mitigate any shortfall in obtaining unencumbered uranium to meet national security requirements and the implications of those changes.
(c) Form of plan
The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) Definitions
In this section:
(1) The term “depleted”, with respect to uranium, means that the uranium is depleted in uranium-235 compared with natural uranium.
(2) The term “unencumbered”, with respect to uranium, means that the United States has no obligation to foreign governments to use the uranium for only peaceful purposes.
(Pub. L. 107–314, div. D, title XLII, § 4221, as added Pub. L. 114–92, div. C, title XXXI, § 3131(a), Nov. 25, 2015, 129 Stat. 1201; amended Pub. L. 115–91, div. C, title XXXI, § 3133(e), Dec. 12, 2017, 131 Stat. 1897.)
heading: Amendments
text: 2017—Subsec. (a). Pub. L. 115–91 substituted “Not later than December 31 of each even-numbered year through 2026” for “Concurrent with the submission to Congress of the budget of the President under section 1105(a) of title 31, in each even-numbered year beginning in 2016 and ending in 2026”.
50 U.S.C. § 2538d (WAR AND NATIONAL DEFENSE)
§ 2538d. Incorporation of integrated surety architecture
(a) Shipments
(1) The Administrator shall ensure that shipments described in paragraph (2) incorporate surety technologies relating to transportation and shipping developed by the Integrated Surety Architecture program of the Administration.
(2) A shipment described in this paragraph is an over-the-road shipment of the Administration that involves any nuclear weapon planned to be in the active stockpile after 2025.
(b) Certain programs
(1) The Administrator, in coordination with the Chairman of the Nuclear Weapons Council, shall ensure that each program described in paragraph (2) incorporates integrated designs compatible with the Integrated Surety Architecture program.
(2) A program described in this subsection is a program of the Administration that is a warhead development program, a life extension program, or a warhead major alteration program.
(c) Determination
(1) If, on a case-by-case basis, the Administrator determines that a shipment under subsection (a) will not incorporate some or all of the surety technologies described in such subsection, or that a program under subsection (b) will not incorporate some or all of the integrated designs described in such subsection, the Administrator shall submit such determination to the congressional defense committees, including the results of an analysis conducted pursuant to paragraph (2).
(2) Each determination made under paragraph (1) shall be based on a documented, system risk analysis that considers security risk reduction, operational impacts, and technical risk.
(d) Termination
The requirements of subsections (a) and (b) shall terminate on December 31, 2029.
(Pub. L. 107–314, div. D, title XLII, § 4222, as added Pub. L. 115–91, div. C, title XXXI, § 3112(a), Dec. 12, 2017, 131 Stat. 1883.)
50 U.S.C. § 2563 (WAR AND NATIONAL DEFENSE)
§ 2563. Repealed. Pub. L. 115–91, div. C, title XXXI, § 3133(a)(1), Dec. 12, 2017, 131 Stat. 1896
text: Section, Pub. L. 107–314, div. D, title XLIII, § 4303, formerly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3171], Oct. 30, 2000, 114 Stat. 1654, 1654A–475; Pub. L. 107–314, div. C, title XXXI, § 3153, Dec. 2, 2002, 116 Stat. 2738; renumbered Pub. L. 107–314, div. D, title XLIII, § 4303, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(f)(4), Nov. 24, 2003, 117 Stat. 1763, related to annual report on status of Nuclear Materials Protection, Control, and Accounting Program.
50 U.S.C. § 2576 (WAR AND NATIONAL DEFENSE)
§ 2576. Information relating to certain defense nuclear nonproliferation programs
(a) Technologies and capabilities
The Administrator shall document, for efforts that are not focused on basic research, the technologies and capabilities of the defense nuclear nonproliferation research and development program that—
(1) are transitioned to end users for further development or deployment; and
(2) are deployed.
(b) Assessments of status
(1) In assessing projects under the defense nuclear nonproliferation research and development program or the defense nuclear nonproliferation and arms control program, the Administrator shall compare the status of each such project, including with respect to the final results of such project, to the baseline targets and goals established in the initial project plan of such project.
(2) The Administrator may carry out paragraph (1) using a common template or such other means as the Administrator determines appropriate.
(Pub. L. 107–314, div. D, title XLIII, § 4310, as added Pub. L. 115–91, div. C, title XXXI, § 3114(a), Dec. 12, 2017, 131 Stat. 1885.)
50 U.S.C. § 2577 (WAR AND NATIONAL DEFENSE)
§ 2577. Annual Selected Acquisition Reports on certain hardware relating to defense nuclear nonproliferation
(a) Annual Selected Acquisition Reports
(1) In general
At the end of each fiscal year, the Administrator shall submit to the congressional defense committees a report on each covered hardware project. The reports shall be known as Selected Acquisition Reports for the covered hardware project concerned.
(2) Matters included
The information contained in the Selected Acquisition Report for a fiscal year for a covered hardware project shall be the information contained in the Selected Acquisition Report for such fiscal year for a major defense acquisition program under section 2432 of title 10 expressed in terms of the covered hardware project.
(b) Covered hardware project defined
In this section, the term “covered hardware project” means a project carried out under the defense nuclear nonproliferation research and development program that—
(1) is focused on the production and deployment of hardware, including with respect to the development and deployment of satellites or satellite payloads; and
(2) exceeds $500,000,000 in total program cost over the course of five years.
(Pub. L. 107–314, div. D, title XLIII, § 4311, as added Pub. L. 115–91, div. C, title XXXI, § 3131(a), Dec. 12, 2017, 131 Stat. 1894.)
50 U.S.C. § 2660 (WAR AND NATIONAL DEFENSE)
§ 2660. Repealed. Pub. L. 115–91, div. C, title XXXI, § 3135(c)(1), Dec. 12, 2017, 131 Stat. 1899
text: Section, Pub. L. 107–314, div. D, title XLV, § 4509, as added Pub. L. 112–239, div. C, title XXXI, § 3115(a), Jan. 2, 2013, 126 Stat. 2172; amended Pub. L. 113–291, div. C, title XXXI, § 3111, Dec. 19, 2014, 128 Stat. 3884, related to design and use of prototypes of nuclear weapons for intelligence purposes.
50 U.S.C. § 2741 (WAR AND NATIONAL DEFENSE)
§ 2741. Definitions
In this part:
(1) The term “DOE national security authorization” means an authorization of appropriations for activities of the Department of Energy in carrying out programs necessary for national security.
(2) The term “minor construction threshold” means $20,000,000.
(Pub. L. 107–314, div. D, title XLVII, § 4701, formerly div. C, title XXXVI, § 3620, Dec. 2, 2002, 116 Stat. 2756; renumbered div. D, title XLVII, § 4701, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781; Pub. L. 111–84, div. C, title XXXI, § 3118(a), (b), Oct. 28, 2009, 123 Stat. 2709; Pub. L. 111–383, div. C, title XXXI, § 3121(a), Jan. 7, 2011, 124 Stat. 4514; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(I), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 115–91, div. C, title XXXI, § 3119, Dec. 12, 2017, 131 Stat. 1892.)
heading: Codification
text: Section was formerly classified to section 7386 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2017—Par. (2). Pub. L. 115–91 substituted “$20,000,000” for “$10,000,000”.
2013—Pars. (2), (3). Pub. L. 113–66 redesignated par. (3) as (2) and struck out former par. (2) which defined “congressional defense committees”.
2011—Par. (3). Pub. L. 111–383 substituted “$10,000,000” for “$5,000,000”.
2009—Par. (3). Pub. L. 111–84, § 3118(b), substituted “$5,000,000” for “$10,000,000”.
Pub. L. 111–84, § 3118(a), substituted “$10,000,000” for “$5,000,000”.
heading: Effective Date of 2009 Amendment
text: Pub. L. 111–84, div. C, title XXXI, § 3118(b), Oct. 28, 2009, 123 Stat. 2709, provided that the amendment made by section 3118(b) is effective Sept. 30, 2010.
50 U.S.C. § 2743 (WAR AND NATIONAL DEFENSE)
§ 2743. Minor construction projects
(a) Authority
Using operation and maintenance funds or facilities and infrastructure funds authorized by a DOE national security authorization, the Secretary of Energy may carry out minor construction projects.
(b) Annual report
The Secretary shall submit to the congressional defense committees on an annual basis a report on each exercise of the authority in subsection (a) during the preceding fiscal year. Each report shall provide a brief description of each minor construction project covered by the report.
(c) Cost variation reports to congressional committees
If, at any time during the construction of any minor construction project authorized by a DOE national security authorization, the estimated cost of the project is revised and the revised cost of the project exceeds the minor construction threshold, the Secretary shall immediately submit to the congressional defense committees a report explaining the reasons for the cost variation.
(d) Minor construction project defined
In this section, the term “minor construction project” means any plant project not specifically authorized by law for which the approved total estimated cost does not exceed the minor construction threshold.
(Pub. L. 107–314, div. D, title XLVII, § 4703, formerly div. C, title XXXVI, § 3622, Dec. 2, 2002, 116 Stat. 2757; renumbered div. D, title XLVII, § 4703, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781.)
heading: Codification
text: Section was formerly classified to section 7386b of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Notification
text: Pub. L. 111–84, div. C, title XXXI, § 3118(c), Oct. 28, 2009, 123 Stat. 2709, as amended by Pub. L. 111–383, div. C, title XXXI, § 3121(b), Jan. 7, 2011, 124 Stat. 4514, provided that:
“Notwithstanding section 4703 of such Act [probably means section 4703 of Pub. L. 107–314] (50 U.S.C. 2743), in carrying out construction projects, the Secretary of Energy may not start a general plant project with a total estimated cost of more than $5,000,000 until—
“(1) the Secretary notifies the congressional defense committees [Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives] of such project and total estimated cost; and
“(2) a period of 15 days has elapsed after the date on which such notification is received.”
50 U.S.C. § 2755 (WAR AND NATIONAL DEFENSE)
§ 2755. Matters relating to critical decisions
(a) Post-critical decision 2 changes
After the date on which a plant project specifically authorized by law and carried out under Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets), or a successor order, achieves critical decision 2, the Administrator may not change the requirements for such project if such change increases the cost of such project by more than the lesser of $5,000,000 or 15 percent, unless—
(1) the Administrator submits to the congressional defense committees—
(A) a certification that the Administrator, without delegation, authorizes such proposed change; and
(B) a cost-benefit and risk analysis of such proposed change, including with respect to—
(i) the effects of such proposed change on the project cost and schedule; and
(ii) any mission risks and operational risks from making such change or not making such change; and
(2) a period of 15 days elapses following the date of such submission.
(b) Review and approval
The Administrator shall ensure that critical decision packages are timely reviewed and either approved or disapproved.
(Pub. L. 107–314, div. D, title XLVII, § 4715, as added Pub. L. 115–91, div. C, title XXXI, § 3111(d)(1), Dec. 12, 2017, 131 Stat. 1882.)
50 U.S.C. § 2756 (WAR AND NATIONAL DEFENSE)
§ 2756. Unfunded priorities of the National Nuclear Security Administration
(a) Annual report
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, the Administrator shall submit to the Secretary of Energy and the congressional defense committees a report on the unfunded priorities of the Administration.
(b) Elements
(1) In general
Each report required by subsection (a) shall specify, for each unfunded priority covered by the report, the following:
(A) A summary description of that priority, including the objectives to be achieved if that priority is funded (whether in whole or in part).
(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
(C) Account information with respect to that priority.
(2) Prioritization of priorities
Each report required by subsection (a) shall present the unfunded priorities covered by the report in order of urgency of priority.
(c) Unfunded priority defined
In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement that—
(1) is not funded in the budget of the President for that fiscal year as submitted to Congress pursuant to section 1105(a) of title 31;
(2) is necessary to fulfill a requirement associated with the mission of the Administration; and
(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—
(A) if additional resources were available for the budget to fund the program, activity, or mission requirement; or
(B) in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.
(Pub. L. 107–314, div. D, title XLVII, § 4716, as added Pub. L. 115–91, div. C, title XXXI, § 3132(a), Dec. 12, 2017, 131 Stat. 1895.)
50 U.S.C. § 3075 (WAR AND NATIONAL DEFENSE)
§ 3075. “Function” and “Department of Defense” defined
(a) 1 As used in this Act, the term “function” includes functions, powers, and duties.
(b) As used in this Act, the term “Department of Defense” shall be deemed to include the military departments of the Army, the Navy, and the Air Force, and all agencies created under title II of this Act.
(July 26, 1947, ch. 343, title III, § 308, 61 Stat. 509; Aug. 10, 1949, ch. 412, § 12(e), 63 Stat. 591.)
heading: References in Text
text: This Act, referred to in text, means act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
Title II of this Act, referred to in subsec. (b), means title II of the National Security Act of 1947, act July 26, 1947, ch. 343, 61 Stat. 499. Section 201(d) of title II was formerly classified to section 408 of this title prior to editorial reclassification and renumbering as section 3005 of this title. Sections 205(c), 206(a), and 207(c) of title II were formerly classified to section 409 of this title prior to editorial reclassification and renumbering as section 3004 of this title. For complete classification of title II to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 410 of this title prior to editorial reclassification and renumbering as this section, and to section 171n of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378.
heading: Amendments
text: 1949—Subsec. (b). Act Aug. 10, 1949, substituted definition of “Department of Defense” for definition of “budget program”.
heading: Partial Repeal of Subsection (a)
text: Pub. L. 87–651, title III, § 307, Sept. 7, 1962, 76 Stat. 526, repealed subsection (a) of this section less its applicability to sections 3002, 3021, 3023, 3042, and 3073 of this title.
50 U.S.C. § 3308a (WAR AND NATIONAL DEFENSE)
§ 3308a. Provision of certain information to Government Accountability Office by National Reconnaissance Office
(a) In general
The Director of the National Reconnaissance Office shall provide to the Comptroller General of the United States, in a timely manner, access to the cost, schedule, and performance information the Comptroller General requires to conduct assessments, as required by any of the appropriate congressional committees, of programs of the National Reconnaissance Office.
(b) Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means—
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
(Pub. L. 114–328, div. A, title XVI, § 1620, Dec. 23, 2016, 130 Stat. 2596.)
heading: “Congressional Defense Committees” Defined
text: Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114–328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.
50 U.S.C. § 3714 (WAR AND NATIONAL DEFENSE)
§ 3714. Use of funds for unspecified purposes or for increased amounts
(a) Notice to Congress of intent to use funds for unspecified purposes
(1) Report
For any fiscal year for which Cooperative Threat Reduction funds are specifically authorized in an Act other than an appropriations Act for specific purposes within the Program, the Secretary of Defense may obligate or expend such funds, or other funds otherwise made available for the Program for that fiscal year, for purposes other than such specified purposes if—
(A) the Secretary determines that such obligation or expenditure is necessary in the national interests of the United States;
(B) the Secretary submits to the congressional defense committees—
(i) notification of the intent of the Secretary to make such an obligation or expenditure of funds; and
(ii) a complete discussion of the purpose and justification for such obligation or expenditure, including the amount of funds to be obligated or expended; and
(C) a period of 15 days has elapsed following the date on which the Secretary submits the notification and discussion under subparagraph (B).
(2) Construction with other laws
Paragraph (1) may not be construed to authorize the obligation or expenditure of Cooperative Threat Reduction Program funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under section 3731 of this title or any other provision of law.
(b) Limited authority to vary individual amounts provided for any fiscal year for specified purposes
For any fiscal year for which Cooperative Threat Reduction funds are specifically authorized in an Act other than an appropriations Act for specific purposes within the Program, the Secretary may obligate or expend such funds, or other funds otherwise made available for the Program for that fiscal year, in excess of the specific amount so authorized for that purpose if—
(1) the Secretary determines that such obligation or expenditure is necessary in the national interests of the United States;
(2) the Secretary submits to the congressional defense committees—
(A) notification of the intent of the Secretary to make such an obligation or expenditure of funds in excess of such authorized amount; and
(B) a complete discussion of the justification for exceeding such specified amounts, including the amount by which the Secretary will exceed such specified amounts; and
(3) a period of 15 days has elapsed following the date on which the Secretary submits the notification and discussion under paragraph (2).
(Pub. L. 113–291, div. A, title XIII, § 1324, Dec. 19, 2014, 128 Stat. 3599; Pub. L. 114–328, div. A, title XIII, § 1302(b)(4), Dec. 23, 2016, 130 Stat. 2566; Pub. L. 115–91, div. A, title XIII, § 1302(b)(2), Dec. 12, 2017, 131 Stat. 1705.)
heading: Amendments
text: 2017—Subsecs. (a)(1)(C), (b)(3). Pub. L. 115–91 substituted “15 days” for “45 days”.
2016—Subsecs. (a)(1)(C), (b)(3). Pub. L. 114–328 substituted “45 days” for “15 days”.