Sec. 3111. Clarification of roles and authorities of National Nuclear Security Administration

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Section 202(c)(3) of the Department of Energy Organization Act ( 42 U.S.C. 7132(c)(3) ) is amended by striking Act. and all that follows through may be delegated and inserting the following: Act ( . 50 U.S.C. 2402 ). In carrying out the functions of the Administrator, the Under Secretary shall be subject to the authority of the Secretary in accordance with section 3219 of that Act ( 50 U.S.C. 2409 ). Such authority may be delegated Section 213 of the Department of Energy Organization Act ( 42 U.S.C. 7144 ) is amended— in subsection (a), by inserting , acting through the Under Secretary for Nuclear Security, after The Secretary ; in subsection (b)— by striking programs and activities of the Administration and inserting regulations, policies, and activities of the Administration with respect to health and safety ; and by striking those programs and activities and inserting those regulations, policies, and activities ; and by striking subsection (c).

Section 3212 of the National Nuclear Security Administration Act ( 50 U.S.C. 2402 ) is amended— in subsection (b)— in the matter preceding paragraph (1), by striking and activities and inserting , policies, regulations, and rules ; and in paragraph (9), by striking the end period and inserting , subject to the policies of the Department of Energy. ; and in subsection (d)— by striking may and inserting shall ; and by striking , unless disapproved by the Secretary of Energy and inserting to carry out the mission and functions of the Administration, except as provided by section 3219 .

Section 3217 of the National Nuclear Security Administration Act ( 50 U.S.C. 2407 ) is amended— by striking There is and inserting the following: There is ; by striking the end period and inserting and shall report to the Administrator. ; and by adding at the end the following new subsection: The General Counsel shall be independent from and may not duplicate the efforts of the General Counsel of the Department of Energy appointed under section 202(e) of the Department of Energy Organization Act ( 42 U.S.C. 7132(e) ). .

Section 3218 of the National Nuclear Security Administration Act ( 50 U.S.C. 2408 ) is amended by adding at the end the following new subsections: The staff of the Administration shall report to the Administrator through the appropriate structures of the Administration. The staff of the Administration performing functions specified in subsection

(b)shall be independent from and may not duplicate the efforts of staff of elements of the Department of Energy other than the Administration that perform functions similar to the functions specified in subsection (b). The prohibition under section 3220(d) shall apply to staff of the Administration performing functions specified in subsection (b). . Section 3219 of the National Nuclear Security Administration Act ( 50 U.S.C. 2409 ) is amended— in the section heading, by striking and inserting to modify organization of ; with respect to by striking Notwithstanding and inserting the following: The Secretary of Energy, acting through the Administrator, shall be responsible for setting broad priorities for the Administration. The Secretary may disapprove any action, policy, regulation, or rule of the Administrator if— the Secretary submits to the congressional defense committees justification for such disapproval; and a period of 15 days has elapsed following the date on which such justification was submitted. Except as provided by this section, the Administrator shall have complete authority to establish and conduct oversight of policies, activities, and procedures of the Administration without direction or oversight by the Secretary. The authority of the Secretary under paragraphs

(1)and

(2)may be delegated only to the Deputy Secretary of Energy, without further redelegation. Notwithstanding ; and in subsection (b), as designated by clause (ii), by striking subsection

(b)or

(c)of . The table of contents for the National Nuclear Security Administration Act is amended by striking the item relating to section 3219 and inserting the following new item: Sec. 3219. Scope of authority of Secretary of Energy with respect to Administration. . Section 3220 of the National Nuclear Security Administration Act ( 50 U.S.C. 2410 ) is amended— in subsection (a)— in paragraph (1)— by striking subparagraph (A); and by redesignating subparagraphs

(B)and

(C)as subparagraphs

(A)and (B), respectively; and in paragraph (2), by striking the end period and inserting , except as provided by section 3219. ; and in subsection (b), by striking the end period and inserting and except as provided by section 3219. . Section 3232 of the National Nuclear Security Administration Act ( 50 U.S.C. 2422 ) is amended— in subsection (a), by striking Secretary of Energy and all that follows and inserting Administrator. ; and in subsection (b)— in paragraph (1), by striking Secretary and ; and in paragraph (2)— by striking Secretary and inserting Secretary of Energy ; and by striking Department and inserting Department of Energy . Section 3233 of the National Nuclear Security Administration Act ( 50 U.S.C. 2423 ) is amended— in subsection (a), by inserting , in coordination with the Administrator, after Secretary of Energy ; and in subsection (b), by inserting , in coordination with the Administrator, after Secretary of Energy . Section 3241A of the National Nuclear Security Administration Act ( 50 U.S.C. 2441a ) is amended— in the section heading, by striking and inserting Authorized ; Annual report on by amending subsection

(a)to read as follows: The Administrator shall include in the budget justification materials submitted to Congress in support of the budget of the Administration for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report containing the following information as of the date of the report: The number of full-time equivalent employees of the Office of the Administrator. The number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds. The number of full-time equivalent contractor employees working under each contract identified under paragraph (2). The number of full-time equivalent contractor employees described in paragraph

(3)that have been employed under such a contract for a period greater than two years. With respect to each contract identified under paragraph (2)— the cost of the contract; and identification of the program or program direction accounts that support the contract. ; by striking subsection (c); by redesignating subsections

(d)and

(e)as subsections

(c)and (d), respectively; and by striking subsection (f). The table of contents for the National Nuclear Security Administration Act is amended by striking the item relating to section 3241A and inserting the following new item: Sec. 3241A. Annual report on personnel levels of the Office of the Administrator. . Section 3262 of the National Nuclear Security Administration Act ( 50 U.S.C. 2462 ) is amended— by striking The Administrator and inserting the following: The Administrator ; by inserting specific to the Administration after procedures ; and by adding at the end the following new subsection: The procedures established under subsection

(a)shall be separate from procedures applied to elements of the Department of Energy other than the Administration. . Section 3281(2)(A) of the National Nuclear Security Administration Act ( 50 U.S.C. 2471(2)(A) ) is amended by striking Plant and inserting National Security Campus . Section 4002(9)(A) of the Atomic Energy Defense Act ( 50 U.S.C. 2501(9)(A) ) is amended striking Plant and inserting National Security Campus . Section 4201(a) of the Atomic Energy Defense Act ( 50 U.S.C. 2521(a) ) is amended by striking The Secretary, acting through the Administrator, and inserting The Administrator . Section 4202 of the Atomic Energy Defense Act ( 50 U.S.C. 2522 ) is amended— in subsection (a)— by striking Secretary of Energy and inserting Administrator ; and by striking Department of Energy and inserting Administration ; and in subsection (b)— in the subsection heading, by striking and inserting Secretary ; Department by striking Secretary of Energy and inserting Administrator ; and by striking Secretary of Defense and inserting Chairman of the Nuclear Weapons Council . Section 4203 of the Atomic Energy Defense Act ( 50 U.S.C. 2523 ) is amended— in subsection (d)(4)(A)(ii), by striking quadrennial defense review if such strategy has not been submitted as of the date of the plan and inserting national defense strategy ; in subsection (e)(1)(A)(i), by striking or the most recent quadrennial defense review, as applicable under subsection (d)(4)(A), and the and inserting , the national defense strategy, and the most recent ; and in subsection (f)— by striking paragraph (4); by redesignating paragraph

(3)as paragraph (4); and by inserting after paragraph

(2)the following new paragraph (3): The term national defense strategy means the review of the defense programs and policies of the United States that is carried out every four years under section 113(g) of title 10, United States Code. . Section 4204 of the Atomic Energy Defense Act ( 50 U.S.C. 2524 ) is amended— in subsection (a), in the matter preceding paragraph (1), by striking Secretary of Energy, acting through the Administrator and in consultation with the Secretary of Defense and inserting Administrator, in consultation with the Nuclear Weapons Council ; and in subsection (b), in the matter preceding paragraph (1), by striking Secretary of Energy and inserting Administrator . Section 4207 of the Atomic Energy Defense Act ( 50 U.S.C. 2527 ) is amended, in subsections

(a)and (c), by striking Secretary of Energy and inserting Administrator . Section 4209 of the Atomic Energy Defense Act ( 50 U.S.C. 2529 ) is amended— in subsection (a)(1)— by striking Secretary of Energy and inserting Administrator ; by striking Secretary and inserting Administrator ; and by striking in the budget and all that follows and inserting in the budget justification materials submitted to Congress in support of the Department of Energy budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code). ; in subsection (b), by striking The Secretary shall include in a request for funds under subsection

(a)and inserting A request for funds under subsection

(a)shall include ; and in subsection (c), by striking Secretary and inserting Secretary of Energy . Section 4212 of the Atomic Energy Defense Act ( 50 U.S.C. 2532 ) is amended— in subsection (a)(1), in the matter preceding subparagraph (A)— by striking Secretary of Energy and inserting Administrator ; and by inserting most recent before Nuclear Posture Review ; and in subsection (b)— in paragraph (2), by striking Plant and inserting National Security Complex ; and in paragraph (4), by striking Plant and inserting National Security Campus . Section 4216 of the Atomic Energy Defense Act ( 50 U.S.C. 2536 ) is amended— in the section heading, by striking and inserting lifetime ; and life by striking lifetime each place it appears and inserting life . The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4216 and inserting the following new item: Sec. 4216. Reports on life extension programs. . Section 4217 of the Atomic Energy Defense Act ( 50 U.S.C. 2537 ) is amended— in subsection (a)(1), by striking the Secretary of Energy, acting through the Administrator, and inserting the Administrator ; and in subsection (b)— in paragraph (1), in the matter preceding subparagraph (A), by striking Secretary of Energy, acting through the Administrator, and inserting Administrator ; and in paragraph (2)(B), by striking the Secretary or . Section 4218 of the Atomic Energy Defense Act ( 50 U.S.C. 2538 ) is amended— in subsection (d), by striking or the Commander of the United States Strategic Command ; and in subsection (e)— by striking , a member of the Nuclear Weapons Council, or the Commander of the United States Strategic Command and inserting or a member of the Nuclear Weapons Council ; and by striking member, or Commander and inserting or member . Section 4220(b) of the Atomic Energy Defense Act ( 50 U.S.C. 2538b(b) ) is amended— by striking Secretary of Energy, acting through the Administrator and and inserting Administrator, ; and by striking Secretary of Defense and inserting Nuclear Weapons Council . Section 4231 of the Atomic Energy Defense Act ( 50 U.S.C. 2541 ) is amended— in subsection (a), by striking Secretary of Energy and inserting Administrator ; and in subsections

(b)and (c), by striking Secretary and inserting Administrator . Section 4234 of the Atomic Energy Defense Act ( 50 U.S.C. 2544 ) is amended, in the matter preceding paragraph (1), by striking Secretary of Energy and inserting Administrator . Section 4235 of the Atomic Energy Defense Act ( 50 U.S.C. 2545 ) is amended— in subsection (a), by striking Secretary of Energy and inserting Administrator ; in subsection (b), by striking Secretary and inserting Administrator ; and by striking subsection (c). Section 4506 of the Atomic Energy Defense Act ( 50 U.S.C. 2657 ) is amended— in subsection (a)— in paragraph (1)— in the matter preceding subparagraph (A)— by striking September 30 and inserting December 31 ; and by striking Secretary of Energy and inserting congressional defense committees ; and in subparagraph (B), by striking and the Department of Energy ; in paragraph (2), by striking to the Secretary ; and by striking paragraph (3); and in subsection (b)(1), in the matter preceding subparagraph (A), by striking December 1 of each even-numbered year, the Secretary and inserting December 31 of each even-numbered year, the Secretary of Energy . Section 4605 of the Atomic Energy Defense Act ( 50 U.S.C. 2705 ) is amended— in the section heading, by striking and inserting Department of Energy ; Administration in subsection (a)— by striking Department of Energy and inserting Administration ; by striking a Department and inserting an Administration ; and by striking the Department each place it appears and inserting the Administration ; and in subsection (c)— in the subsection heading, by striking and inserting Department of Energy ; and Administration by striking Department of Energy each place it appears and inserting Administration . The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4605 and inserting the following: Sec. 4605. Authority to provide certificate of commendation to Administration and contractor employees for exemplary service in stockpile stewardship and security. . Section 4621 of the Atomic Energy Defense Act ( 50 U.S.C. 2721 ) is amended— in subsection (a)— by inserting and the Administrator after Secretary of Energy ; and by inserting and the Administration after Department of Energy ; and in subsection (b)(1), by inserting and Administration after Department of Energy . Section 4622 of the Atomic Energy Defense Act ( 50 U.S.C. 2722 ) is amended— in subsection (a), by striking Secretary of Energy and inserting Administrator ; and in subsection (c), by striking Secretary and inserting Administrator . Section 4623 of the Atomic Energy Defense Act ( 50 U.S.C. 2723 ) is amended— in subsection (a)— by striking Secretary of Energy and inserting Administrator ; and by striking Secretary and inserting Administrator ; in subsection (b)(1), by striking Department of Energy and inserting Administration ; in subsections

(c)and (d), by striking Secretary and inserting Administrator ; in subsection (e), by striking Secretary and all that follows through Defense Programs, and inserting Administrator shall ; and in subsection (f)— in paragraph (1), by striking Secretary and inserting Administrator ; and in paragraph (2), by striking Secretary of Energy and inserting Administrator . Section 4711 of the Atomic Energy Defense Act ( 50 U.S.C. 2751 ) is amended— in subsection (a)— by striking Secretary of Energy and inserting Administrator ; and by striking Department of Energy and inserting Administration ; in subsection (d), by striking Secretary, acting through the Administrator, and inserting Administrator ; and in subsection (e)(1)— by striking Department of Energy and inserting Administration ; and by striking Department and inserting Administration . Section 4713(c)(2)(B) of the Atomic Energy Defense Act ( 50 U.S.C. 2753(c)(2)(B) ) is amended by inserting or the Administration after Department of Energy . Section 4714(a) of the Atomic Energy Defense Act ( 50 U.S.C. 2754(a) ) is amended— by striking 413.3 and inserting 413.3B ; and by inserting , or a successor order, after assets) . Section 4716 of the Atomic Energy Defense Act ( 50 U.S.C. 2756 ) is amended in the section heading by striking and inserting National Nuclear Security Administration . Administration The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4716 and inserting the following new item: Sec. 4716. Unfunded priorities of the Administration. . Section 4733(d)(3)(B) of the Atomic Energy Defense Act ( 50 U.S.C. 2773(d)(3)(B) ) is amended by striking 413.3 and inserting 413.3B . Section 4811 of the Atomic Energy Defense Act ( 50 U.S.C. 2791 ) is amended— in subsection (a), by inserting or the Administration after Department of Energy ; in subsection (b)— by striking The Secretary and inserting

(1)Except as provided by paragraph (2), the Secretary ; by striking such laboratories and inserting government-owned, contractor-operated laboratories funded out of funds available to the Department of Energy ; and by adding at the end the following new paragraph: The Administrator shall prescribe regulations for the conduct of laboratory-directed research and development at government-owned, contractor-operated laboratories funded out of funds available to the Administration. ; and in subsection (c)— by inserting or the Administration after Department of Energy ; and by inserting or the Administrator, as applicable, after Secretary . Section 4812A of the Atomic Energy Defense Act ( 50 U.S.C. 2793 ) is amended— in subsection (a)— in the subsection heading, by striking and inserting required ; and of Secretary of Energy in the second sentence, by striking national security mission of the Department of Energy and inserting defense environmental cleanup and other defense missions of the Department of Energy (other than the national security mission of the Administration) ; by redesignating subsections

(b)and

(c)as subsections

(c)and (d), respectively; and by inserting after subsection

(a)the following new subsection (b): The Administrator shall submit to the congressional defense committees, with the report of the Secretary required by subsection (a), a report on the funds expended during the preceding fiscal year on activities under the laboratory-directed research and development program of the Administration. The purpose of the report is to permit an assessment of the extent to which such activities support the national security mission of the Administration. .

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