-CITE-

50 USC CHAPTER 41 - NATIONAL NUCLEAR SECURITY

ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

-HEAD-

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

-MISC1-

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

Sec.

2401. Establishment and mission.

(a) Establishment.

(b) Mission.

(c) Operations and activities to be carried out

consistent with certain principles.

2402. Administrator for Nuclear Security.

(a) In general.

(b) Functions.

(c) Procurement authority.

(d) Policy authority.

(e) Membership on Joint Nuclear Weapons Council.

(f) Reorganization authority.

2403. Principal Deputy Administrator for Nuclear Security.

(a) In general.

(b) Duties.

2404. Deputy Administrator for Defense Programs.

(a) In general.

(b) Duties.

2405. Deputy Administrator for Defense Nuclear

Nonproliferation.

(a) In general.

(b) Duties.

2406. Deputy Administrator for Naval Reactors.

(a) In general.

(b) Duties.

(c) Effect on Executive Order.

(d) Naval Nuclear Propulsion Executive Order.

2407. General Counsel.

2408. Staff of Administration.

(a) In general.

(b) Responsibilities.

2409. Scope of authority of Secretary of Energy to modify

organization of Administration.

2410. Status of Administration and contractor personnel

within Department of Energy.

(a) Status of Administration personnel.

(b) Status of contractor personnel.

(c) Construction of section.

(d) Prohibition on dual office holding.

SUBCHAPTER II - MATTERS RELATING TO SECURITY

2421. Protection of national security information.

(a) Policies and procedures required.

(b) Prompt reporting.

2422. Office of Defense Nuclear Counterintelligence and

Office of Defense Nuclear Security.

(a) Establishment.

(b) Chief of Defense Nuclear Counterintelligence.

(c) Chief of Defense Nuclear Security.

2423. Counterintelligence programs.

(a) National security laboratories and nuclear

weapons production facilities.

(b) Other facilities.

2424. Procedures relating to access by individuals to

classified areas and information of Administration.

2425. Government access to information on Administration

computers.

(a) Procedures required.

(b) Expectation of privacy in Administration

computers.

(c) Definition.

2426. Congressional oversight of special access programs.

(a) Annual report on special access programs.

(b) Annual report on new special access programs.

(c) Reports on changes in classification of special

access programs.

(d) Notice of change in SAP designation criteria.

(e) Waiver authority.

(f) Report and wait for initiating new programs.

SUBCHAPTER III - MATTERS RELATING TO PERSONNEL

2441. Authority to establish certain scientific,

engineering, and technical positions.

2442. Voluntary early retirement authority.

(a) Authority.

(b) Conditions of separation.

(c) Treatment of employees.

(d) Definitions.

(e) Limitation and termination of authority.

2443. Repealed.

SUBCHAPTER IV - BUDGET AND FINANCIAL MANAGEMENT

2451. Separate treatment in budget.

(a) President's budget.

(b) Budget justification materials.

2452. Planning, programming, and budgeting process.

(a) Procedures required.

(b) Annual plan for obligation of funds.

(c) Submission of plan and report.

2453. Future-years nuclear security program.

(a) Submission to Congress.

(b) Elements.

(c) Consistency in budgeting.

(d) Treatment of management contingencies.

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

2461. Environmental protection, safety, and health

requirements.

(a) Compliance required.

(b) Procedures required.

(c) Rule of construction.

2462. Compliance with Federal Acquisition Regulation.

2463. Sharing of technology with Department of Defense.

2464. Use of capabilities of national security laboratories

by entities outside the Administration.

SUBCHAPTER VI - DEFINITIONS

2471. Definitions.

SUBCHAPTER VII - TRANSITION PROVISIONS

2481. Functions transferred.

(a) Transfers.

(b) Authority to transfer additional functions.

(c) Environmental remediation and waste management

activities.

2482. Transfer of funds and employees.

(a) Transfer of funds.

(b) Personnel.

2483. Transition provisions.

(a) Compliance with financial principles.

(b) Initial report for future-years nuclear

security program.

(c) Procedures for computer access.

(d) Compliance with FAR.

2484. Applicability of preexisting laws and regulations.

-End-

-CITE-

50 USC SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-End-

-CITE-

50 USC Sec. 2401 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

Sec. 2401. Establishment and mission

-STATUTE-

(a) Establishment

There is established within the Department of Energy a separately

organized agency to be known as the National Nuclear Security

Administration (in this chapter referred to as the

"Administration").

(b) Mission

The mission of the Administration shall be the following:

(1) To enhance United States national security through the

military application of nuclear energy.

(2) To maintain and enhance the safety, reliability, and

performance of the United States nuclear weapons stockpile,

including the ability to design, produce, and test, in order to

meet national security requirements.

(3) To provide the United States Navy with safe, militarily

effective nuclear propulsion plants and to ensure the safe and

reliable operation of those plants.

(4) To promote international nuclear safety and

nonproliferation.

(5) To reduce global danger from weapons of mass destruction.

(6) To support United States leadership in science and

technology.

(c) Operations and activities to be carried out consistent with

certain principles

In carrying out the mission of the Administration, the

Administrator shall ensure that all operations and activities of

the Administration are consistent with the principles of protecting

the environment and safeguarding the safety and health of the

public and of the workforce of the Administration.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3211, Oct. 5, 1999, 113

Stat. 957.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), 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 below and Tables.

-MISC1-

EFFECTIVE DATE

Pub. L. 106-65, div. C, title XXXII, Sec. 3299, Oct. 5, 1999, 113

Stat. 971, provided that:

"(a) In General. - Except as provided in subsection (b), the

provisions of this title [see Short Title note below] shall take

effect on March 1, 2000.

"(b) Exceptions. - (1) Sections 3202, 3204, 3251, 3295, and 3297

[enacting sections 2451 and 2483 of this title and sections 7144a

to 7144c of Title 42, amending section 7132 of Title 42, and

enacting provisions set out as a note below] shall take effect on

the date of the enactment of this Act [Oct. 5, 1999].

"(2) Sections 3234 and 3235 [enacting sections 2424 and 2425 of

this title] shall take effect on the date of the enactment of this

Act. During the period beginning on the date of the enactment of

this Act and ending on the effective date of this title, the

Secretary of Energy shall carry out those sections and any

reference in those sections to the Administrator and the

Administration shall be treated as references to the Secretary and

the Department of Energy, respectively."

SHORT TITLE

Pub. L. 106-65, div. C, title XXXII, Sec. 3201, Oct. 5, 1999, 113

Stat. 953, provided that: "This title [enacting this chapter and

sections 7144 to 7144c of Title 42, The Public Health and Welfare,

amending sections 5314, 5315, 5595, and 8905a of Title 5,

Government Organization and Employees, and sections 7132, 7133, and

7158 of Title 42, repealing sections 2122a, 7143, and 7271b of

Title 42, enacting provisions set out as notes under this section,

and amending provisions set out as a note under section 435 of this

title] may be cited as the 'National Nuclear Security

Administration Act'."

PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR WEAPONS COMPLEX

Pub. L. 107-107, div. B, title XXX, Sec. 3008, Dec. 28, 2001, 115

Stat. 1352, provided that:

"(a) Infrastructure Plan for Nuclear Weapons Complex. -

"(1) Preparation and submission. - Not later than the date on

which the budget for the Department of Energy for fiscal year

2004 is submitted to Congress, the Secretary of Energy shall

submit to Congress an infrastructure plan for the nuclear weapons

complex adequate to support the nuclear weapons stockpile, the

naval reactors program, and nonproliferation and national

security activities.

"(2) Special considerations. - In preparing the infrastructure

plan, the Secretary shall take into consideration the following:

"(A) The Department of Defense Nuclear Posture Review

required pursuant to section 1041 of the Floyd D. Spence

National Defense Authorization Act for Fiscal Year 2001 (as

enacted into law by Public Law 106-398; 114 Stat. 1654A-262 [10

U.S.C. 118 note]).

"(B) Any efficiencies and security benefits of consolidation

of facilities of the nuclear weapons complex.

"(C) The necessity to have a residual production capability.

"(b) Recommendations Regarding Realignments and Closures. - On

the basis of the infrastructure plan prepared under subsection (a),

the Secretary shall make such recommendations regarding the need to

close or realign facilities of the nuclear weapons complex as the

Secretary considers appropriate, including the Secretary's

recommendations on whether to establish a process by which a round

of closures and realignments would be carried out and any

additional legislative authority necessary to implement the

recommendations. The Secretary shall submit the recommendations as

part of the infrastructure plan under subsection (a).

"(c) Definitions. - In this section:

"(1) The terms 'Secretary' and 'Secretary of Energy' mean the

Secretary of Energy, acting after consideration of the

recommendations of the Administrator for Nuclear Security.

"(2) The term 'nuclear weapons complex' means the national

security laboratories and nuclear weapons production facilities

(as such terms are defined in section 3281 of the National

Nuclear Security Administration Act (50 U.S.C. 2471)) and the

facilities of the Naval Nuclear Propulsion Program provided for

under the Naval Nuclear Propulsion Executive Order (as such term

is defined in section 3216 of such Act (50 U.S.C. 2406))."

STUDY AND REPORT RELATED TO IMPROVING MISSION EFFECTIVENESS,

PARTNERSHIPS, AND TECHNOLOGY TRANSFER AT NATIONAL SECURITY

LABORATORIES AND NUCLEAR WEAPONS PRODUCTION FACILITIES

Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3163], Oct. 30,

2000, 114 Stat. 1654, 1654A-473, provided that:

"(a) Study and Report Required. - The Secretary of Energy shall

direct the Secretary of Energy Advisory Board to study and to

submit to the Secretary not later than one year after the date of

the enactment of this Act [Oct. 30, 2000] a report regarding the

following topics:

"(1) The advantages and disadvantages of providing the

Administrator for Nuclear Security with authority,

notwithstanding the limitations otherwise imposed by the Federal

Acquisition Regulation, to enter into transactions with public

agencies, private organizations, or individuals on terms the

Administrator considers appropriate to the furtherance of basic,

applied, and advanced research functions. The Advisory Board

shall consider, in its assessment of this authority, the

management history of the Department of Energy and the effect of

this authority on the National Nuclear Security Administration's

use of contractors to operate the national security laboratories.

"(2) The advantages and disadvantages of establishing and

implementing policies and procedures to facilitate the transfer

of scientific, technical, and professional personnel among

national security laboratories and nuclear weapons production

facilities.

"(3) The advantages and disadvantages of making changes in -

"(A) the indemnification requirements for patents or other

intellectual property licensed from a national security

laboratory or nuclear weapons production facility;

"(B) the royalty and fee schedules and types of compensation

that may be used for patents or other intellectual property

licensed to a small business concern from a national security

laboratory or nuclear weapons production facility;

"(C) the licensing procedures and requirements for patents

and other intellectual property;

"(D) the rights given to a small business concern that has

licensed a patent or other intellectual property from a

national security laboratory or nuclear weapons production

facility to bring suit against third parties infringing such

intellectual property;

"(E) the advance funding requirements for a small business

concern funding a project at a national security laboratory or

nuclear weapons production facility through a funds-in

agreement;

"(F) the intellectual property rights allocated to a business

when it is funding a project at a national security laboratory

or nuclear weapons production facility through a funds-in

agreement; and

"(G) policies on royalty payments to inventors employed by a

contractor operating a national security laboratory or nuclear

weapons production facility, including those for inventions

made under a funds-in agreement.

"(b) Definition of Funds-In Agreement. - For the purposes of this

section, the term 'funds-in agreement' means a contract between the

Department and a non-Federal organization under which that

organization pays the Department to provide a service or material

not otherwise available in the domestic private sector.

"(c) Submission to Congress. - Not later than one month after

receiving the report under subsection (a), the Secretary shall

submit to Congress that report, along with the Secretary's

recommendations for action and proposals for legislation to

implement the recommendations."

DEFINITIONS FOR PURPOSES OF PUB. L. 106-398

Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3165], Oct. 30,

2000, 114 Stat. 1654, 1654A-475, provided that: "For purposes of

this subtitle [subtitle E (Secs. 3161-3165) of title XXXI of div. C

of H.R. 5408, as enacted by section 1 of Pub. L. 106-398, enacting

provisions set out as notes under this section and section 2402 of

this title], the terms 'national security laboratory' and 'nuclear

weapons production facility' have the meanings given such terms in

section 3281 of the National Nuclear Security Administration Act

(title XXXII of Public Law 106-65; 113 Stat. 968; 50 U.S.C. 2471)."

REPORT CONTAINING IMPLEMENTATION PLAN OF SECRETARY OF ENERGY

Pub. L. 106-65, div. C, title XXXII, Sec. 3297, Oct. 5, 1999, 113

Stat. 971, provided that: "Not later than January 1, 2000, the

Secretary of Energy shall submit to the Committee on Armed Services

of the Senate and the Committee on Armed Services of the House of

Representatives a report containing the Secretary's plan for the

implementation of the provisions of this title [see Short Title

note set out above]."

CLASSIFICATION IN UNITED STATES CODE

Pub. L. 106-65, div. C, title XXXII, Sec. 3298, Oct. 5, 1999, 113

Stat. 971, provided that: "Subtitles A through F of this title

[Secs. 3211-3281, enacting this chapter and amending sections 5595

and 8905a of Title 5, Government Organization and Employees] (other

than provisions of those subtitles amending existing provisions of

law) shall be classified to the United States Code as a new chapter

of title 50, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2464 of this title.

-End-

-CITE-

50 USC Sec. 2402 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

Sec. 2402. Administrator for Nuclear Security

-STATUTE-

(a) In general

(1) There is at the head of the Administration an Administrator

for Nuclear Security (in this chapter referred to as the

"Administrator").

(2) Pursuant to subsection (c) of section 7132 of title 42, the

Under Secretary for Nuclear Security of the Department of Energy

serves as the Administrator.

(b) Functions

The Administrator has authority over, and is responsible for, all

programs and activities of the Administration (except for the

functions of the Deputy Administrator for Naval Reactors specified

in the Executive order referred to in section 2406(b) of this

title), including the following:

(1) Strategic management.

(2) Policy development and guidance.

(3) Budget formulation, guidance, and execution, and other

financial matters.

(4) Resource requirements determination and allocation.

(5) Program management and direction.

(6) Safeguards and security.

(7) Emergency management.

(8) Integrated safety management.

(9) Environment, safety, and health operations.

(10) Administration of contracts, including the management and

operations of the nuclear weapons production facilities and the

national security laboratories.

(11) Intelligence.

(12) Counterintelligence.

(13) Personnel, including the selection, appointment,

distribution, supervision, establishing of compensation, and

separation of personnel in accordance with subchapter III of this

chapter.

(14) Procurement of services of experts and consultants in

accordance with section 3109 of title 5.

(15) Legal matters.

(16) Legislative affairs.

(17) Public affairs.

(18) Liaison with other elements of the Department of Energy

and with other Federal agencies, State, tribal, and local

governments, and the public.

(c) Procurement authority

The Administrator is the senior procurement executive for the

Administration for the purposes of section 414(3) of title 41.

(d) Policy authority

The Administrator may establish Administration-specific policies,

unless disapproved by the Secretary of Energy.

(e) Membership on Joint Nuclear Weapons Council

The Administrator serves as a member of the Joint Nuclear Weapons

Council under section 179 of title 10.

(f) Reorganization authority

Except as provided by subsections (b) and (c) of section 2481 of

this title:

(1) The Administrator may establish, abolish, alter,

consolidate, or discontinue any organizational unit or component

of the Administration, or transfer any function of the

Administration.

(2) Such authority does not apply to the abolition of

organizational units or components established by law or the

transfer of functions vested by law in any organizational unit or

component.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3212, Oct. 5, 1999, 113

Stat. 957; Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Secs.

3152(b), 3159(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-464,

1654A-469; Pub. L. 107-107, div. A, title X, Sec. 1048(i)(12), Dec.

28, 2001, 115 Stat. 1230.)

-MISC1-

AMENDMENTS

2001 - Subsecs. (e), (f). Pub. L. 107-107 redesignated subsec.

(e), relating to reorganization authority, as (f).

2000 - Subsec. (e). Pub. L. 106-398, Sec. 1 [div. C, title XXXI,

Sec. 3159(a)], added subsec. (e) relating to reorganization

authority.

Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3152(b)], added

subsec. (e) relating to membership on Joint Nuclear Weapons

Council.

TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM

Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3161], Oct. 30,

2000, 114 Stat. 1654, 1654A-470, provided that:

"(a) Establishment. - The Administrator for Nuclear Security

shall establish a Technology Infrastructure Pilot Program in

accordance with this section.

"(b) Purpose. - The purpose of the program shall be to explore

new methods of collaboration and improvements in the management and

effectiveness of collaborative programs carried out by the national

security laboratories and nuclear weapons production facilities in

partnership with private industry and institutions of higher

education and to improve the ability of those laboratories and

facilities to support missions of the Administration.

"(c) Funding. - (1) Except as provided in paragraph (2), funding

shall be available for the pilot program only to the extent of

specific authorizations and appropriations enacted after the date

of the enactment of this Act [Oct. 30, 2000].

"(2) From amounts available in fiscal years 2001 and 2002 for

technology partnership programs of the Administration, the

Administrator may allocate to carry out the pilot program not more

than $5,000,000.

"(d) Project Requirements. - A project may not be approved for

the pilot program unless the project meets the following

requirements:

"(1) The participants in the project include -

"(A) a national security laboratory or nuclear weapons

production facility; and

"(B) one or more of the following:

"(i) A business.

"(ii) An institution of higher education.

"(iii) A nonprofit institution.

"(iv) An agency of a State, local, or tribal government.

"(2)(A) Not less than 50 percent of the costs of the project

are to be provided by non-Federal sources.

"(B)(i) The calculation of the amount of the costs of the

project provided by non-Federal sources shall include cash,

personnel, services, equipment, and other resources expended on

the project.

"(ii) No funds or other resources expended before the start of

the project or outside the project's scope of work may be

credited toward the costs provided by non-Federal sources to the

project.

"(3) The project (other than in the case of a project under

which the participating laboratory or facility receives funding

under this section) shall be competitively selected by that

laboratory or facility using procedures determined to be

appropriate by the Administrator.

"(4) No Federal funds shall be made available under this

section for -

"(A) construction; or

"(B) any project for more than five years.

"(e) Selection Criteria. - (1) The projects selected for the

pilot program shall -

"(A) stimulate the development of technology expertise and

capabilities in private industry and institutions of higher

education that can support the nuclear weapons and nuclear

nonproliferation missions of the national security laboratories

and nuclear weapons production facilities on a continuing basis;

"(B) improve the ability of those laboratories and facilities

[to] benefit from commercial research, technology, products,

processes, and services that can support the nuclear weapons and

nuclear nonproliferation missions of those laboratories and

facilities on a continuing basis; and

"(C) encourage the exchange of scientific and technological

expertise between those laboratories and facilities and -

"(i) institutions of higher education;

"(ii) technology-related business concerns;

"(iii) nonprofit institutions; and

"(iv) agencies of State, tribal, or local governments;

that can support the missions of those laboratories and

facilities.

"(2) The Administrator may authorize the provision of Federal

funds for a project under this section only if the director of the

laboratory or facility managing the project determines that the

project is likely to improve the ability of that laboratory or

facility to achieve technical success in meeting nuclear weapons

and nuclear nonproliferation missions of the Administration.

"(3) The Administrator shall require the director of the

laboratory or facility to consider the following criteria in

selecting a project to receive Federal funds:

"(A) The potential of the project to succeed, based on its

technical merit, team members, management approach, resources,

and project plan.

"(B) The potential of the project to promote the development of

a commercially sustainable technology, determined by considering

whether the project will derive sufficient demand for its

products or services from the private sector to support the

nuclear weapons and nuclear nonproliferation missions of the

participating laboratory or facility on a continuing basis.

"(C) The potential of the project to promote the use of

commercial research, technology, products, processes, and

services by the participating laboratory or facility to achieve

its nuclear weapons and nuclear nonproliferation missions.

"(D) The commitment shown by non-Federal organizations to the

project, based primarily on the nature and amount of the

financial and other resources they will risk on the project.

"(E) The extent to which the project involves a wide variety

and number of institutions of higher education, nonprofit

institutions, and technology-related business concerns that can

support the nuclear weapons and nuclear nonproliferation missions

of the participating laboratory or facility on a continuing basis

and that will make substantive contributions to achieving the

goals of the project.

"(F) The extent of participation in the project by agencies of

State, tribal, or local governments that will make substantive

contributions to achieving the goals of the project.

"(G) The extent to which the project focuses on promoting the

development of technology-related business concerns that are

small business concerns or involves small business concerns

substantively in the project.

"(f) Implementation Plan. - No funds may be allocated for the

pilot program until 30 days after the date on which the

Administrator submits to the congressional defense committees

[Committees on Armed Services and Appropriations of the Senate and

the House of Representatives] a plan for the implementation of the

pilot program. The plan shall, at a minimum -

"(1) identify the national security laboratories and nuclear

weapons production facilities that have been designated by the

Administrator to participate in the pilot program; and

"(2) with respect to each laboratory or facility identified

under paragraph (1) -

"(A) identify the businesses, institutions of higher

education, nonprofit institutions, and agencies of State,

local, or tribal government that are expected to participate in

the pilot program at that laboratory or facility;

"(B) identify the technology areas to be addressed by the

pilot program at that laboratory or facility and the manner in

which the pilot program will support high-priority missions of

that laboratory or facility on a continuing basis; and

"(C) describe the management controls that have been put into

place to ensure that the pilot program as conducted at that

laboratory or facility is conducted in a cost-effective manner

consistent with the objectives of the pilot program.

"(g) Report on Implementation. - (1) Not later than February 1,

2002, the Administrator shall submit to the congressional defense

committees a report on the implementation and management of the

pilot program. The report shall take into consideration the results

of the pilot program to date and the views of the directors of the

participating laboratories and facilities. The report shall include

any recommendations the Administrator may have concerning the

future of the pilot program.

"(2) Not later than 30 days after the date on which the

Administrator submits the report required by paragraph (1), the

Comptroller General shall submit to the congressional defense

committees a report containing the Comptroller General's assessment

of that report."

[For definitions of "national security laboratory" and "nuclear

weapons production facility" as used in section 1 [div. C, title

XXXI, Sec. 3161] of Pub. L. 106-398, set out above, see section 1

[div. C, title XXXI, Sec. 3165] of Pub. L. 106-398, set out as a

note under section 2401 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2410 of this title; title

42 sections 7132, 7253.

-End-

-CITE-

50 USC Sec. 2403 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

Sec. 2403. Principal Deputy Administrator for Nuclear Security

-STATUTE-

(a) In general

(1) There is in the Administration a Principal Deputy

Administrator, who is appointed by the President, by and with the

advice and consent of the Senate.

(2) The Principal Deputy Administrator shall be appointed from

among persons who have extensive background in organizational

management and are well qualified to manage the nuclear weapons,

nonproliferation, and materials disposition programs of the

Administration in a manner that advances and protects the national

security of the United States.

(b) Duties

Subject to the authority, direction, and control of the

Administrator, the Principal Deputy Administrator shall perform

such duties and exercise such powers as the Administrator may

prescribe, including the coordination of activities among the

elements of the Administration. The Principal Deputy Administrator

shall act for, and exercise the powers of, the Administrator when

the Administrator is disabled or the position of Administrator is

vacant.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3213, as added Pub. L.

107-107, div. C, title XXXI, Sec. 3141(a)(2), Dec. 28, 2001, 115

Stat. 1370.)

-MISC1-

PRIOR PROVISIONS

A prior section 2403, Pub. L. 106-65, div. C, title XXXII, Sec.

3213, Oct. 5, 1999, 113 Stat. 958; Pub. L. 106-398, Sec. 1 [div. C,

title XXXI, Sec. 3157], Oct. 30, 2000, 114 Stat. 1654, 1654A-468,

which related to status of Administration and contractor personnel

within Department of Energy, was renumbered section 3220 of Pub. L.

106-65, by Pub. L. 107-107, div. C, title XXXI, Sec. 3141(a)(1),

Dec. 28, 2001, 115 Stat. 1369, and transferred to section 2410 of

this title.

-End-

-CITE-

50 USC Sec. 2404 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

Sec. 2404. Deputy Administrator for Defense Programs

-STATUTE-

(a) In general

There is in the Administration a Deputy Administrator for Defense

Programs, who is appointed by the President, by and with the advice

and consent of the Senate.

(b) Duties

Subject to the authority, direction, and control of the

Administrator, the Deputy Administrator for Defense Programs shall

perform such duties and exercise such powers as the Administrator

may prescribe, including the following:

(1) Maintaining and enhancing the safety, reliability, and

performance of the United States nuclear weapons stockpile,

including the ability to design, produce, and test, in order to

meet national security requirements.

(2) Directing, managing, and overseeing the nuclear weapons

production facilities and the national security laboratories.

(3) Directing, managing, and overseeing assets to respond to

incidents involving nuclear weapons and materials.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3214, Oct. 5, 1999, 113

Stat. 959; Pub. L. 107-107, div. C, title XXXI, Sec. 3142, Dec. 28,

2001, 115 Stat. 1370.)

-MISC1-

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-107 struck out heading and text

of subsec. (c). Text read as follows: "The head of each national

security laboratory and nuclear weapons production facility shall,

consistent with applicable contractual obligations, report to the

Deputy Administrator for Defense Programs."

-End-

-CITE-

50 USC Sec. 2405 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

Sec. 2405. Deputy Administrator for Defense Nuclear

Nonproliferation

-STATUTE-

(a) In general

There is in the Administration a Deputy Administrator for Defense

Nuclear Nonproliferation, who is appointed by the President, by and

with the advice and consent of the Senate.

(b) Duties

Subject to the authority, direction, and control of the

Administrator, the Deputy Administrator for Defense Nuclear

Nonproliferation shall perform such duties and exercise such powers

as the Administrator may prescribe, including the following:

(1) Preventing the spread of materials, technology, and

expertise relating to weapons of mass destruction.

(2) Detecting the proliferation of weapons of mass destruction

worldwide.

(3) Eliminating inventories of surplus fissile materials usable

for nuclear weapons.

(4) Providing for international nuclear safety.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3215, Oct. 5, 1999, 113

Stat. 959.)

-End-

-CITE-

50 USC Sec. 2406 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

Sec. 2406. Deputy Administrator for Naval Reactors

-STATUTE-

(a) In general

(1) There is in the Administration a Deputy Administrator for

Naval Reactors. The director of the Naval Nuclear Propulsion

Program provided for under the Naval Nuclear Propulsion Executive

Order shall serve as the Deputy Administrator for Naval Reactors.

(2) Within the Department of Energy, the Deputy Administrator

shall report to the Secretary of Energy through the Administrator

and shall have direct access to the Secretary and other senior

officials in the Department.

(b) Duties

The Deputy Administrator shall be assigned the responsibilities,

authorities, and accountability for all functions of the Office of

Naval Reactors under the Naval Nuclear Propulsion Executive Order.

(c) Effect on Executive Order

Except as otherwise specified in this section and notwithstanding

any other provision of this chapter, the provisions of the Naval

Nuclear Propulsion Executive Order remain in full force and effect

until changed by law.

(d) Naval Nuclear Propulsion Executive Order

As used in this section, the Naval Nuclear Propulsion Executive

Order is Executive Order No. 12344, dated February 1, 1982 (42

U.S.C. 7158 note) (as in force pursuant to section 1634 of the

Department of Defense Authorization Act, 1985 (Public Law 98-525;

42 U.S.C. 7158 note)).

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3216, Oct. 5, 1999, 113

Stat. 959.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2402, 2410 of this title.

-End-

-CITE-

50 USC Sec. 2407 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

Sec. 2407. General Counsel

-STATUTE-

There is a General Counsel of the Administration. The General

Counsel is the chief legal officer of the Administration.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3217, Oct. 5, 1999, 113

Stat. 960.)

-End-

-CITE-

50 USC Sec. 2408 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

Sec. 2408. Staff of Administration

-STATUTE-

(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 other elements of the Department of Energy and

with other Federal agencies, State, tribal, and local

governments, and the public.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3218, Oct. 5, 1999, 113

Stat. 960.)

-End-

-CITE-

50 USC Sec. 2409 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

Sec. 2409. Scope of authority of Secretary of Energy to modify

organization of Administration

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3219, as added Pub. L.

106-377, Sec. 1(a)(2) [title III, Sec. 314(a)], Oct. 27, 2000, 114

Stat. 1441, 1441A-81.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7253.

-End-

-CITE-

50 USC Sec. 2410 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER I - ESTABLISHMENT AND ORGANIZATION

-HEAD-

Sec. 2410. Status of Administration and contractor personnel within

Department of Energy

-STATUTE-

(a) Status of Administration personnel

Each officer or employee of the Administration -

(1) shall be responsible to and subject to the authority,

direction, and control of -

(A) the Secretary acting through the Administrator and

consistent with section 7132(c)(3) of title 42;

(B) the Administrator; or

(C) the Administrator's designee within the Administration;

and

(2) shall not be responsible to, or subject to the authority,

direction, or control of, any other officer, employee, or agent

of the Department of Energy.

(b) Status of contractor personnel

Each officer or employee of a contractor of the Administration

shall not be responsible to, or subject to the authority,

direction, or control of, any officer, employee, or agent of the

Department of Energy who is not an employee of the Administration,

except for the Secretary of Energy consistent with section

7132(c)(3) of title 42.

(c) Construction of section

Subsections (a) and (b) of this section may not be interpreted to

in any way preclude or interfere with the communication of

technical findings derived from, and in accord with, duly

authorized activities between (1) the head, or any contractor

employee, of a national security laboratory or of a nuclear weapons

production facility, and (2) the Department of Energy, the

President, or Congress.

(d) Prohibition on dual office holding

Except in accordance with sections 2402(a)(2) and 2406(a)(1) of

this title:

(1) An individual may not concurrently hold or carry out the

responsibilities of -

(A) a position within the Administration; and

(B) a position within the Department of Energy not within the

Administration.

(2) No funds appropriated or otherwise made available for any

fiscal year may be used to pay, to an individual who concurrently

holds or carries out the responsibilities of a position specified

in paragraph (1)(A) and a position specified in paragraph (1)(B),

the basic pay, salary, or other compensation relating to any such

position.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3220, formerly Sec.

3213, Oct. 5, 1999, 113 Stat. 958; Pub. L. 106-398, Sec. 1 [div. C,

title XXXI, Sec. 3157], Oct. 30, 2000, 114 Stat. 1654, 1654A-468;

renumbered Sec. 3220, Pub. L. 107-107, div. C, title XXXI, Sec.

3141(a)(1), Dec. 28, 2001, 115 Stat. 1370.)

-COD-

CODIFICATION

Section was formerly classified to section 2403 of this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [div. C, title XXXI,

Sec. 3157(1)], struck out "Administration, in carrying out any

function of the" after "employee of the" in introductory

provisions.

Subsec. (b). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.

3157(2)], struck out ", in carrying out any function of the

Administration," after "contractor of the Administration".

Subsec. (d). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.

3157(3)], added subsec. (d).

-End-

-CITE-

50 USC SUBCHAPTER II - MATTERS RELATING TO SECURITY 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER II - MATTERS RELATING TO SECURITY

-HEAD-

SUBCHAPTER II - MATTERS RELATING TO SECURITY

-End-

-CITE-

50 USC Sec. 2421 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER II - MATTERS RELATING TO SECURITY

-HEAD-

Sec. 2421. Protection of national security information

-STATUTE-

(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.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3231, Oct. 5, 1999, 113

Stat. 960.)

-End-

-CITE-

50 USC Sec. 2422 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER II - MATTERS RELATING TO SECURITY

-HEAD-

Sec. 2422. Office of Defense Nuclear Counterintelligence and Office

of Defense Nuclear Security

-STATUTE-

(a) Establishment

(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.

(b) Chief of Defense Nuclear Counterintelligence

(1) The head of the Office of Defense Nuclear Counterintelligence

is the Chief of Defense Nuclear Counterintelligence, who shall

report to the Administrator and shall implement the

counterintelligence policies directed by the Secretary and

Administrator.

(2) The Secretary shall appoint the Chief, in consultation with

the Director of the Federal Bureau of Investigation, from among

individuals who have special expertise in counterintelligence. If

an individual to serve as the Chief of Defense Nuclear

Counterintelligence is a Federal employee of an entity other than

the Administration, the service of that employee as Chief shall not

result in any loss of employment status, right, or privilege by

that employee.

(3) The Chief shall have direct access to the Secretary and all

other officials of the Department and the contractors of the

Department concerning counterintelligence matters.

(4) The Chief shall be responsible for -

(A) the development and implementation of the

counterintelligence programs of the Administration to prevent the

disclosure or loss of classified or other sensitive information;

and

(B) the development and administration of personnel assurance

programs within the Administration.

(c) 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.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3232, Oct. 5, 1999, 113

Stat. 960.)

-End-

-CITE-

50 USC Sec. 2423 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER II - MATTERS RELATING TO SECURITY

-HEAD-

Sec. 2423. Counterintelligence programs

-STATUTE-

(a) National security laboratories and nuclear weapons production

facilities

The Administrator 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 Administrator 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 Defense

Nuclear Counterintelligence who shall be responsible for and assess

counterintelligence matters at that facility.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3233, Oct. 5, 1999, 113

Stat. 961.)

-End-

-CITE-

50 USC Sec. 2424 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER II - MATTERS RELATING TO SECURITY

-HEAD-

Sec. 2424. Procedures relating to access by individuals to

classified areas and information of Administration

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3234, Oct. 5, 1999, 113

Stat. 961.)

-End-

-CITE-

50 USC Sec. 2425 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER II - MATTERS RELATING TO SECURITY

-HEAD-

Sec. 2425. Government access to information on Administration

computers

-STATUTE-

(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.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3235, Oct. 5, 1999, 113

Stat. 961.)

-REFTEXT-

REFERENCES IN 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2483 of this title.

-End-

-CITE-

50 USC Sec. 2426 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER II - MATTERS RELATING TO SECURITY

-HEAD-

Sec. 2426. Congressional oversight of special access programs

-STATUTE-

(a) Annual report on special access programs

(1) Not later than February 1 of each year, the Administrator

shall submit to the congressional defense committees a report on

special access programs of the Administration.

(2) Each such report shall set forth -

(A) the total amount requested for such programs in the

President's budget for the next fiscal year submitted under

section 1105 of title 31; and

(B) for each such program in that budget, the following:

(i) A brief description of the program.

(ii) A brief discussion of the major milestones established

for the program.

(iii) The actual cost of the program for each fiscal year

during which the program has been conducted before the fiscal

year during which that budget is submitted.

(iv) The estimated total cost of the program and the

estimated cost of the program for (I) the current fiscal year,

(II) the fiscal year for which the budget is submitted, and

(III) each of the four succeeding fiscal years during which the

program is expected to be conducted.

(b) Annual report on new special access programs

(1) Not later than February 1 of each year, the Administrator

shall submit to the congressional defense committees a report that,

with respect to each new special access program, provides -

(A) notice of the designation of the program as a special

access program; and

(B) justification for such designation.

(2) A report under paragraph (1) with respect to a program shall

include -

(A) the current estimate of the total program cost for the

program; and

(B) an identification of existing programs or technologies that

are similar to the technology, or that have a mission similar to

the mission, of the program that is the subject of the notice.

(3) In this subsection, the term "new special access program"

means a special access program that has not previously been covered

in a notice and justification under this subsection.

(c) Reports on changes in classification of special access programs

(1) Whenever a change in the classification of a special access

program of the Administration is planned to be made or whenever

classified information concerning a special access program of the

Administration is to be declassified and made public, the

Administrator shall submit to the congressional defense committees

a report containing a description of the proposed change, the

reasons for the proposed change, and notice of any public

announcement planned to be made with respect to the proposed

change.

(2) Except as provided in paragraph (3), any report referred to

in paragraph (1) shall be submitted not less than 14 days before

the date on which the proposed change or public announcement is to

occur.

(3) If the Administrator determines that because of exceptional

circumstances the requirement of paragraph (2) cannot be met with

respect to a proposed change or public announcement concerning a

special access program of the Administration, the Administrator may

submit the report required by paragraph (1) regarding the proposed

change or public announcement at any time before the proposed

change or public announcement is made and shall include in the

report an explanation of the exceptional circumstances.

(d) Notice of change in SAP designation criteria

Whenever there is a modification or termination of the policy and

criteria used for designating a program of the Administration as a

special access program, the Administrator shall promptly notify the

congressional defense committees of such modification or

termination. Any such notification shall contain the reasons for

the modification or termination and, in the case of a modification,

the provisions of the policy as modified.

(e) Waiver authority

(1) The Administrator may waive any requirement under subsection

(a), (b), or (c) of this section that certain information be

included in a report under that subsection if the Administrator

determines that inclusion of that information in the report would

adversely affect the national security. The Administrator may waive

the report-and-wait requirement in subsection (f) of this section

if the Administrator determines that compliance with such

requirement would adversely affect the national security. Any

waiver under this paragraph shall be made on a case-by-case basis.

(2) If the Administrator exercises the authority provided under

paragraph (1), the Administrator shall provide the information

described in that subsection with respect to the special access

program concerned, and the justification for the waiver, jointly to

the chairman and ranking minority member of each of the

congressional defense committees.

(f) Report and wait for initiating new programs

A special access program may not be initiated until -

(1) the congressional defense committees are notified of the

program; and

(2) a period of 30 days elapses after such notification is

received.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3236, Oct. 5, 1999, 113

Stat. 962.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2122a of Title 42, The Public Health and Welfare, prior to

repeal by Pub. L. 106-65, Sec. 3294(e)(1)(A).

-End-

-CITE-

50 USC SUBCHAPTER III - MATTERS RELATING TO PERSONNEL 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER III - MATTERS RELATING TO PERSONNEL

-HEAD-

SUBCHAPTER III - MATTERS RELATING TO PERSONNEL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2402 of this title.

-End-

-CITE-

50 USC Sec. 2441 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER III - MATTERS RELATING TO PERSONNEL

-HEAD-

Sec. 2441. Authority to establish certain scientific, engineering,

and technical positions

-STATUTE-

The Administrator may, for the purposes of carrying out the

responsibilities of the Administrator under this chapter, establish

not more than 300 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.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3241, Oct. 5, 1999, 113

Stat. 964.)

-REFTEXT-

REFERENCES IN 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.

-End-

-CITE-

50 USC Sec. 2442 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER III - MATTERS RELATING TO PERSONNEL

-HEAD-

Sec. 2442. Voluntary early retirement authority

-STATUTE-

(a) Authority

An employee of the Department of Energy who is separated from the

service under conditions described in subsection (b) of this

section after completing 25 years of service or after becoming 50

years of age and completing 20 years of service is entitled to an

annuity in accordance with the provisions in chapter 83 or 84 of

title 5, as applicable.

(b) Conditions of separation

Subsection (a) of this section applies to an employee who -

(1) has been employed continuously by the Department of Energy

for more than 30 days before the date on which the Secretary of

Energy makes the determination required under paragraph (4)(A);

(2) is serving under an appointment that is not limited by

time;

(3) has not received a decision notice of involuntary

separation for misconduct or unacceptable performance that is

pending decision; and

(4) is separated from the service voluntarily during a period

with respect to which -

(A) the Secretary of Energy determines that the Department of

Energy is undergoing a major reorganization as a result of the

establishment of the National Nuclear Security Administration;

and

(B) the employee is within the scope of an offer of voluntary

early retirement (as defined by organizational unit,

occupational series or level, geographical location, any other

similar factor that the Office of Personnel Management

determines appropriate, or any combination of such definitions

of scope), as determined by the Secretary under regulations

prescribed by the Office.

(c) Treatment of employees

For purposes of chapters 83 and 84 of title 5 (including for

purposes of computation of an annuity under such chapters), an

employee entitled to an annuity under this section shall be treated

as an employee entitled to an annuity under section 8336(d) or

8414(b) of such title, as applicable.

(d) Definitions

As used in this section, the terms "employee" and "annuity" -

(1) with respect to individuals covered by the Civil Service

Retirement System established in subchapter III of chapter 83 of

title 5 have the meaning of such terms as used in such chapter;

and

(2) with respect to individuals covered by the Federal

Employees Retirement System established in chapter 84 of such

title, have the meaning of such terms as used in such chapter.

(e) Limitation and termination of authority

The authority provided in subsection (a) of this section -

(1) may be applied with respect to a total of not more than 600

employees of the Department of Energy; and

(2) shall expire on September 30, 2003.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3242, Oct. 5, 1999, 113

Stat. 964.)

-End-

-CITE-

50 USC Sec. 2443 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER III - MATTERS RELATING TO PERSONNEL

-HEAD-

Sec. 2443. Repealed. Pub. L. 107-107, div. C, title XXXI, Sec.

3143, Dec. 28, 2001, 115 Stat. 1371

-MISC1-

Section, Pub. L. 106-65, div. C, title XXXII, Sec. 3245, as added

Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec. 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.

-End-

-CITE-

50 USC SUBCHAPTER IV - BUDGET AND FINANCIAL MANAGEMENT 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER IV - BUDGET AND FINANCIAL MANAGEMENT

-HEAD-

SUBCHAPTER IV - BUDGET AND FINANCIAL MANAGEMENT

-End-

-CITE-

50 USC Sec. 2451 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER IV - BUDGET AND FINANCIAL MANAGEMENT

-HEAD-

Sec. 2451. Separate treatment in budget

-STATUTE-

(a) President's budget

In each budget submitted by the President to the Congress under

section 1105 of title 31, amounts requested for the Administration

shall be set forth separately within the other amounts requested

for the Department of Energy.

(b) Budget justification materials

In the budget justification materials submitted to Congress in

support of each such budget, the amounts requested for the

Administration shall be specified in individual, dedicated program

elements.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3251, Oct. 5, 1999, 113

Stat. 966.)

-End-

-CITE-

50 USC Sec. 2452 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER IV - BUDGET AND FINANCIAL MANAGEMENT

-HEAD-

Sec. 2452. Planning, programming, and budgeting process

-STATUTE-

(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.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3252, Oct. 5, 1999, 113

Stat. 966; Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.

3158(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-469.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-398 designated existing provisions as subsec.

(a), inserted heading, and added subsecs. (b) and (c).

FIRST REPORT ON ASSESSMENT OF PRIOR PLANS; GAO REPORT

Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2483 of this title.

-End-

-CITE-

50 USC Sec. 2453 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER IV - BUDGET AND FINANCIAL MANAGEMENT

-HEAD-

Sec. 2453. Future-years nuclear security program

-STATUTE-

(a) Submission to Congress

The Administrator shall submit to Congress each year, at or about

the time that the President's budget is submitted to Congress that

year under section 1105(a) of title 31, a future-years nuclear

security program (including associated annexes) reflecting the

estimated expenditures and proposed appropriations included in that

budget. Any such future-years nuclear security program shall cover

the fiscal year with respect to which the budget is submitted and

at least the four succeeding fiscal years.

(b) Elements

Each future-years nuclear security program shall contain the

following:

(1) A detailed description of the program elements (and the

projects, activities, and construction projects associated with

each such program element) during the applicable five-fiscal year

period for at least each of the following:

(A) For defense programs -

(i) directed stockpile work;

(ii) campaigns;

(iii) readiness in technical base and facilities; and

(iv) secure transportation asset.

(B) For defense nuclear nonproliferation -

(i) nonproliferation and verification, research, and

development;

(ii) arms control; and

(iii) fissile materials disposition.

(C) For naval reactors, naval reactors operations and

maintenance.

(2) A statement of proposed budget authority, estimated

expenditures, and proposed appropriations necessary to support

each program element specified pursuant to paragraph (1).

(3) A detailed description of how the funds identified for each

program element specified pursuant to paragraph (1) in the budget

for the Administration for each fiscal year during that

five-fiscal year period will help ensure that the nuclear weapons

stockpile is safe and reliable, as determined in accordance with

the criteria established under section 3158 of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999 (42

U.S.C. 2121 note).

(4) A description of the anticipated workload requirements for

each Administration site during that five-fiscal year period.

(c) Consistency in budgeting

(1) The Administrator shall ensure that amounts described in

subparagraph (A) of paragraph (2) for any fiscal year are

consistent with amounts described in subparagraph (B) of paragraph

(2) for that fiscal year.

(2) Amounts referred to in paragraph (1) are the following:

(A) The amounts specified in program and budget information

submitted to Congress by the Administrator in support of

expenditure estimates and proposed appropriations in the budget

submitted to Congress by the President under section 1105(a) of

title 31 for any fiscal year, as shown in the future-years

nuclear security program submitted pursuant to subsection (a) of

this section.

(B) The total amounts of estimated expenditures and proposed

appropriations necessary to support the programs, projects, and

activities of the Administration included pursuant to paragraph

(5) of section 1105(a) of such title in the budget submitted to

Congress under that section for any fiscal year.

(d) Treatment of management contingencies

Nothing in this section shall be construed to prohibit the

inclusion in the future-years nuclear security program of amounts

for management contingencies, subject to the requirements of

subsection (c) of this section.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3253, Oct. 5, 1999, 113

Stat. 966; Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3154],

Oct. 30, 2000, 114 Stat. 1654, 1654A-465.)

-REFTEXT-

REFERENCES IN TEXT

Section 3158 of the Strom Thurmond National Defense Authorization

Act for Fiscal Year 1999, referred to in subsec. (b)(3), is section

3158 of Pub. L. 105-261, as amended, which is set out as a note

under section 2121 of Title 42, The Public Health and Welfare.

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-398, Sec. 1 [div. C, title XXXI,

Sec. 3154(a)], added pars. (1) to (3), redesignated former par. (2)

as (4), and struck out former par. (1) which read as follows: "The

estimated expenditures and proposed appropriations necessary to

support the programs, projects, and activities of the

Administration during the five-fiscal year period covered by the

program, expressed in a level of detail comparable to that

contained in the budget submitted by the President to Congress

under section 1105 of title 31."

Subsec. (c). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.

3154(b)(1), (2)], redesignated subsec. (d) as (c) and struck out

heading and text of former subsec. (c). Text read as follows: "The

Administrator shall include in the materials the Administrator

submits to Congress in support of the budget for any fiscal year

that is submitted by the President pursuant to section 1105 of

title 31 a description of how the funds identified for each program

element in the weapons activities budget of the Administration for

such fiscal year will help ensure that the nuclear weapons

stockpile is safe and reliable as determined in accordance with the

criteria established under section 3158 of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999 (Public Law

105-261; 112 Stat. 2257; 42 U.S.C. 2121 note)."

Subsec. (d). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.

3154(b)(2), (3)], redesignated subsec. (e) as (d) and substituted

"subsection (c)" for "subsection (d)". Former subsec. (d)

redesignated (c).

Subsec. (e). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.

3154(b)(2)], redesignated subsec. (e) as (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2483 of this title.

-End-

-CITE-

50 USC SUBCHAPTER V - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-End-

-CITE-

50 USC Sec. 2461 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2461. Environmental protection, safety, and health

requirements

-STATUTE-

(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.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3261, Oct. 5, 1999, 113

Stat. 967.)

-REFTEXT-

REFERENCES IN 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.

-End-

-CITE-

50 USC Sec. 2462 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2462. Compliance with Federal Acquisition Regulation

-STATUTE-

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 the Office of Federal

Procurement Policy Act (41 U.S.C. 401 et seq.).

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3262, Oct. 5, 1999, 113

Stat. 967.)

-REFTEXT-

REFERENCES IN TEXT

The Office of Federal Procurement Policy Act, referred to in

text, is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended,

which is classified principally to chapter 7 (Sec. 401 et seq.) of

Title 41, Public Contracts. For complete classification of this Act

to the Code, see Short Title note set out under section 401 of

Title 41 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2483 of this title.

-End-

-CITE-

50 USC Sec. 2463 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2463. Sharing of technology with Department of Defense

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3263, Oct. 5, 1999, 113

Stat. 967.)

-End-

-CITE-

50 USC Sec. 2464 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2464. Use of capabilities of national security laboratories by

entities outside the Administration

-STATUTE-

The Secretary, in consultation with the Administrator, shall

establish appropriate procedures to provide for the use, in a

manner consistent with the national security mission of the

Administration under section 2401(b) of this title, of the

capabilities of the national security laboratories by elements of

the Department of Energy not within the Administration, other

Federal agencies, and other appropriate entities, including the use

of those capabilities to support efforts to defend against weapons

of mass destruction.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3264, Oct. 5, 1999, 113

Stat. 967.)

-End-

-CITE-

50 USC SUBCHAPTER VI - DEFINITIONS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER VI - DEFINITIONS

-HEAD-

SUBCHAPTER VI - DEFINITIONS

-End-

-CITE-

50 USC Sec. 2471 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER VI - DEFINITIONS

-HEAD-

Sec. 2471. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term "national security laboratory" means any of the

following:

(A) Los Alamos National Laboratory, Los Alamos, New Mexico.

(B) Sandia National Laboratories, Albuquerque, New Mexico,

and Livermore, California.

(C) Lawrence Livermore National Laboratory, Livermore,

California.

(2) The term "nuclear weapons production facility" means any of

the following:

(A) The Kansas City Plant, Kansas City, Missouri.

(B) The Pantex Plant, Amarillo, Texas.

(C) The Y-12 Plant, Oak Ridge, Tennessee.

(D) The tritium operations facilities at the Savannah River

Site, Aiken, South Carolina.

(E) The Nevada Test Site, Nevada.

(F) Any facility of the Department of Energy that the

Secretary of Energy, in consultation with the Administrator and

the Congress, determines to be consistent with the mission of

the Administration.

(3) The term "classified information" means any information

that has been determined pursuant to Executive Order No. 12333 of

December 4, 1981 (50 U.S.C. 401 note), Executive Order No. 12958

of April 17, 1995 (50 U.S.C. 435 note), or successor orders, to

require protection against unauthorized disclosure and that is so

designated.

(4) The term "Restricted Data" has the meaning given such term

in section 2014(y) of title 42.

(5) The term "congressional defense committees" means -

(A) the Committee on Armed Services and the Committee on

Appropriations of the Senate; and

(B) the Committee on Armed Services and the Committee on

Appropriations of the House of Representatives.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3281, Oct. 5, 1999, 113

Stat. 968.)

-REFTEXT-

REFERENCES IN 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7274s.

-End-

-CITE-

50 USC SUBCHAPTER VII - TRANSITION PROVISIONS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER VII - TRANSITION PROVISIONS

-HEAD-

SUBCHAPTER VII - TRANSITION PROVISIONS

-End-

-CITE-

50 USC Sec. 2481 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER VII - TRANSITION PROVISIONS

-HEAD-

Sec. 2481. Functions transferred

-STATUTE-

(a) Transfers

There are hereby transferred to the Administrator all national

security functions and activities performed immediately before

October 5, 1999, by the following elements of the Department of

Energy:

(1) The Office of Defense Programs.

(2) The Office of Nonproliferation and National Security.

(3) The Office of Fissile Materials Disposition.

(4) The nuclear weapons production facilities.

(5) The national security laboratories.

(6) The Office of Naval Reactors.

(b) Authority to transfer additional functions

The Secretary of Energy may transfer to the Administrator any

other facility, mission, or function that the Secretary, in

consultation with the Administrator and Congress, determines to be

consistent with the mission of the Administration.

(c) Environmental remediation and waste management activities

In the case of any environmental remediation and waste management

activity of any element specified in subsection (a) of this

section, the Secretary of Energy may determine to transfer

responsibility for that activity to another element of the

Department.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3291, Oct. 5, 1999, 113

Stat. 968.)

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2402, 2409, 2484 of this

title.

-End-

-CITE-

50 USC Sec. 2482 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER VII - TRANSITION PROVISIONS

-HEAD-

Sec. 2482. Transfer of funds and employees

-STATUTE-

(a) Transfer of funds

(1) Any balance of appropriations that the Secretary of Energy

determines is available and needed to finance or discharge a

function, power, or duty or an activity that is transferred to the

Administration shall be transferred to the Administration and used

for any purpose for which those appropriations were originally

available. Balances of appropriations so transferred shall -

(A) be credited to any applicable appropriation account of the

Administration; or

(B) be credited to a new account that may be established on the

books of the Department of the Treasury;

and shall be merged with the funds already credited to that account

and accounted for as one fund.

(2) Balances of appropriations credited to an account under

paragraph (1)(A) are subject only to such limitations as are

specifically applicable to that account. Balances of appropriations

credited to an account under paragraph (1)(B) are subject only to

such limitations as are applicable to the appropriations from which

they are transferred.

(b) Personnel

(1) With respect to any function, power, or duty or activity of

the Department of Energy that is transferred to the Administration,

those employees of the element of the Department of Energy from

which the transfer is made that the Secretary of Energy determines

are needed to perform that function, power, or duty, or for that

activity, as the case may be, shall be transferred to the

Administration.

(2) The authorized strength in civilian employees of any element

of the Department of Energy from which employees are transferred

under this section is reduced by the number of employees so

transferred.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3292, Oct. 5, 1999, 113

Stat. 969.)

-End-

-CITE-

50 USC Sec. 2483 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER VII - TRANSITION PROVISIONS

-HEAD-

Sec. 2483. Transition provisions

-STATUTE-

(a) Compliance with financial principles

(1) The Under Secretary of Energy for Nuclear Security shall

ensure that the compliance with sound financial and fiscal

management principles specified in section 2452 of this title is

achieved not later than October 1, 2000.

(2) In carrying out paragraph (1), the Under Secretary of Energy

for Nuclear Security shall conduct a review and develop a plan to

bring applicable activities of the Administration into full

compliance with those principles not later than such date.

(3) Not later than January 1, 2000, the Under Secretary of Energy

for Nuclear Security shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a report

containing the results of that review and a description of that

plan.

(b) Initial report for future-years nuclear security program

The first report under section 2453 of this title shall be

submitted in conjunction with the budget submitted for fiscal year

2001.

(c) Procedures for computer access

The regulations to implement the procedures under section 2425 of

this title shall be prescribed not later than 90 days after the

effective date of this chapter.

(d) Compliance with FAR

(1) The Under Secretary of Energy for Nuclear Security shall

ensure that the compliance with the Federal Acquisition Regulation

specified in section 2462 of this title is achieved not later than

October 1, 2000.

(2) In carrying out paragraph (1), the Under Secretary of Energy

for Nuclear Security shall conduct a review and develop a plan to

bring applicable activities of the Administration into full

compliance with the Federal Acquisition Regulation not later than

such date.

(3) Not later than January 1, 2000, the Under Secretary of Energy

for Nuclear Security shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a report

containing the results of that review and a description of that

plan.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3295, Oct. 5, 1999, 113

Stat. 970.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of this chapter, referred to in subsec. (c),

see section 3299 of Pub. L. 106-65, set out as an Effective Date

note under section 2401 of this title.

-End-

-CITE-

50 USC Sec. 2484 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 41 - NATIONAL NUCLEAR SECURITY ADMINISTRATION

SUBCHAPTER VII - TRANSITION PROVISIONS

-HEAD-

Sec. 2484. Applicability of preexisting laws and regulations

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXII, Sec. 3296, Oct. 5, 1999, 113

Stat. 971.)

-REFTEXT-

REFERENCES IN 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.

-End-