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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 Department facility not described in subsection (a) at which Restricted Data is located, assign an employee of the Office of Intelligence and 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; Pub. L. 116–92, div. E, title LXVII, § 6744(a), Dec. 20, 2019, 133 Stat. 2241.)
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (b). Pub. L. 116–92 substituted “Department facility” for “Administration facility” and inserted “Intelligence and” after “the Office of”.
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).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
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 (Public Law 99–508; 100 Stat. 1848)), 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; Pub. L. 113–66, div. C, title XXXI, § 3145(c), Dec. 26, 2013, 127 Stat. 1071.)
heading: Editorial Notes
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. 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.
heading: Amendments
text: 2013—Subsec. (b). Pub. L. 113–66 inserted “(Public Law 99–508; 100 Stat. 1848)” after “of 1986”.
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 800 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 positions established under this section are used, the Administrator, to the extent practicable, shall appoint an individual to such a position to replace the vacancy of a position not established under this section.
(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; Pub. L. 113–66, div. C, title XXXI, § 3145(d), Dec. 26, 2013, 127 Stat. 1071; Pub. L. 116–92, div. C, title XXXI, § 3111(b), Dec. 20, 2019, 133 Stat. 1950.)
heading: Editorial Notes
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: 2019—Pub. L. 116–92 substituted “800” for “600”.
2013—Pub. L. 113–66, in last sentence, substituted “positions established” for “excepted positions established”, “a position” for “an excepted position”, and “position not established under this section” for “nonexcepted position”.
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.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
50 U.S.C. § 2443 (WAR AND NATIONAL DEFENSE)
§ 2443. Notification of employee practices affecting national security
(a) Annual notification
At or about the time that the President’s budget is submitted to Congress under section 1105(a) of title 31, the Secretary of Energy and the Administrator shall jointly notify the appropriate congressional committees of—
(1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and
(2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Department or the Administration, as the case may be, since such revocation.
(b) Notification to congressional committees
Whenever the Secretary or the Administrator terminates the employment of a covered employee or removes and reassigns a covered employee for cause, the Secretary or the Administrator, as the case may be, shall notify the appropriate congressional committees of such termination or reassignment by not later than 30 days after the date of such termination or reassignment.
(c) Definitions
In this section:
(1) The term “appropriate congressional committees” means—
(A) the congressional defense committees; and
(B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(2) The term “covered employee” means—
(A) an employee of the Administration; or
(B) an employee of an element of the Department of Energy (other than the Administration) involved in nuclear security.
(Pub. L. 106–65, div. C, title XXXII, § 3245, as added Pub. L. 114–92, div. C, title XXXI, § 3111(a)(1), Nov. 25, 2015, 129 Stat. 1186.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2443, 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, prior to repeal by Pub. L. 107–107, div. C, title XXXI, § 3143, Dec. 28, 2001, 115 Stat. 1371.
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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.
50 U.S.C. § 2461 (WAR AND NATIONAL DEFENSE)
§ 2461. Environmental protection, safety, and health requirements
(a) Compliance required
The Administrator shall ensure that the Administration complies with all applicable environmental, safety, and health statutes and substantive requirements.
(b) Procedures required
The Administrator shall develop procedures for meeting such requirements.
(c) Rule of construction
Nothing in this chapter shall diminish the authority of the Secretary of Energy to ascertain and ensure that such compliance occurs.
(Pub. L. 106–65, div. C, title XXXII, § 3261, Oct. 5, 1999, 113 Stat. 967.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (c), 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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
50 U.S.C. § 2462 (WAR AND NATIONAL DEFENSE)
§ 2462. Compliance with Federal Acquisition Regulation
The Administrator shall establish procedures to ensure that the mission and programs of the Administration are executed in full compliance with all applicable provisions of the Federal Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41.
(Pub. L. 106–65, div. C, title XXXII, § 3262, Oct. 5, 1999, 113 Stat. 967; Pub. L. 113–66, div. C, title XXXI, § 3145(g), Dec. 26, 2013, 127 Stat. 1071.)
heading: Editorial Notes
heading: Amendments
text: 2013—Pub. L. 113–66 substituted “section 1303(a)(1) of title 41” for “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)”, which had been translated as “division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of title 41” based on the enactment of Title 41, Public Contracts, by Pub. L. 111–350.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
50 U.S.C. § 2463 (WAR AND NATIONAL DEFENSE)
§ 2463. Sharing of technology with Department of Defense
The Administrator shall, in cooperation with the Secretary of Defense, establish procedures and programs to provide for the sharing of technology, technical capability, and expertise between the Administration and the Department of Defense to further national security objectives.
(Pub. L. 106–65, div. C, title XXXII, § 3263, Oct. 5, 1999, 113 Stat. 967.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
50 U.S.C. § 2465 (WAR AND NATIONAL DEFENSE)
§ 2465. Enhancing private-sector employment through cooperative research and development activities
(a) In general
The Administrator for Nuclear Security shall encourage cooperative research and development activities at the national security laboratories (as defined in section 2471 of this title) that lead to the creation of new private-sector employment opportunities.
(b) Reports
Not later than January 31 of each year from 2012 through 2017, the Administrator shall submit to Congress a report detailing the number of new private-sector employment opportunities created as a result of the previous years’ cooperative research and development activities at each national security laboratory.
(Pub. L. 111–383, div. C, title XXXI, § 3122, Jan. 7, 2011, 124 Stat. 4514.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011, and not as part of the National Nuclear Security Administration Act which comprises this chapter.
50 U.S.C. § 2484 (WAR AND NATIONAL DEFENSE)
§ 2484. Applicability of preexisting laws and regulations
With respect to any facility, mission, or function of the Department of Energy that the Secretary of Energy transfers to the Administrator under section 2481 of this title, unless otherwise provided in this chapter, all provisions of law and regulations in effect immediately before the date of the transfer that are applicable to such facility, mission, or function shall continue to apply to the corresponding functions of the Administration.
(Pub. L. 106–65, div. C, title XXXII, § 3296, Oct. 5, 1999, 113 Stat. 971; Pub. L. 112–239, div. C, title XXXI, § 3132(b)(2), Jan. 2, 2013, 126 Stat. 2186.)
heading: Editorial Notes
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 effective date of this chapter, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of this title. 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 amended section generally. Prior to amendment, text read as follows: “Unless otherwise provided in this chapter, all provisions of law and regulations in effect immediately before the effective date of this chapter that are applicable to functions of the Department of Energy specified in section 2481 of this title shall continue to apply to the corresponding functions of the Administration.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title.
50 U.S.C. § 2513 (WAR AND NATIONAL DEFENSE)
§ 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 (Public Law 96–540; 94 Stat. 3197) or any other Act may be used for any purpose related to licensing of any defense activity or facility of the Department of Energy by the Nuclear Regulatory Commission.
(Pub. L. 107–314, div. D, title XLI, § 4103, formerly Pub. L. 96–540, title II, § 210, Dec. 17, 1980, 94 Stat. 3202; renumbered Pub. L. 107–314, div. D, title XLI, § 4103, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(d)(4), Nov. 24, 2003, 117 Stat. 1757; Pub. L. 113–66, div. C, title XXXI, § 3146(b), Dec. 26, 2013, 127 Stat. 1073.)
heading: Editorial Notes
heading: References in Text
text: The Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981, referred to in text, is Pub. L. 96–540, Dec. 17, 1980, 94 Stat. 3197, which enacted this section and section 2762 of this title. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 7272 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in the following appropriations act:
Pub. L. 96–164, title II, § 210, Dec. 29, 1979, 93 Stat. 1264.
heading: Amendments
text: 2013—Pub. L. 113–66 inserted “; 94 Stat. 3197” after “Public Law 96–540”.
2003—Pub. L. 108–136, § 3131(d)(4)(C)(iii), substituted “the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96–540) or any other Act” for “this or any other Act”.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of Title 42, The Public Health and Welfare.
50 U.S.C. § 2514 (WAR AND NATIONAL DEFENSE)
§ 2514. Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 112–81, div. A, title X, § 1077, Dec. 31, 2011, 125 Stat. 1596, which related to reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States, was transferred to section 493 of Title 10, Armed Forces, by Pub. L. 112–239, div. A, title X, § 1031(b)(3)(B)(i)–(iii), Jan. 2, 2013, 126 Stat. 1918.
50 U.S.C. § 2515 (WAR AND NATIONAL DEFENSE)
§ 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 section 2501 of this title) a Center for Security Technology, Analysis, Response, and Testing.
(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.
(Pub. L. 113–66, div. C, title XXXI, § 3116, Dec. 26, 2013, 127 Stat. 1058.)
heading: Editorial Notes
heading: Codification
text: 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.