10 U.S.C. § 6104: Monitoring of industrial…

Summary

The Administrator must name a senior official by March 1, 2021 to watch the companies and supply chain that produce nuclear weapons parts, subsystems, and materials. That official must keep up-to-date checks on the industrial base, track problems over time, and look ahead for gaps or risks. The Administrator must give that official enough staff, money, and tools to do the job. When useful, the official should talk with Department of Defense officials (including members of the Nuclear Weapons Council), Defense industrial base officials, and other Department of Energy parts that use similar items. By April 1, 2021 the Administrator must brief the Senate and House Armed Services Committees about who was named, what that person will do, and how they will be resourced. Then the Administrator must give the same committees annual briefings starting April 1, 2022 and each year through 2024. Each annual briefing must include a report that lists real or possible risks or gaps, actions to study and prioritize them, any fixes planned or underway, the timelines and resources needed, and how other agencies or the private sector will help or share the burden.

Title 10, §6104

Armed Forces, Source: USLM XML via OLRC

(a)Designation of Official.—

Not later than March 1, 2021, the Administrator shall designate a senior official within the Administration to be responsible for monitoring the industrial base that supports the nuclear weapons components, subsystems, and materials of the Administration, including—

(1)the consistent monitoring of the current status of the industrial base;

(2)tracking of industrial base issues over time; and

(3)proactively identifying gaps or risks in specific areas relating to the industrial base.

(b)Provision of Resources.—

The Administrator shall ensure that the official designated under subsection (a) is provided with resources sufficient to conduct the monitoring required by that subsection.

(c)Consultations.—

The Administrator, acting through the official designated under subsection (a), shall, to the extent practicable and beneficial, in conducting the monitoring required by that subsection, consult with—

(1)officials of the Department of Defense who are members of the Nuclear Weapons Council established under section 179;

(2)officials of the Department of Defense responsible for the defense industrial base; and

(3)other components of the Department of Energy that rely on similar components, subsystems, or materials.

(d)Briefings.—

(1)Not later than April 1, 2021, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the designation of the official required by subsection (a), including on—

(A)the responsibilities assigned to that official; and

(B)the plan for providing that official with resources sufficient to conduct the monitoring required by subsection (a).

(2)Not later than April 1, 2022, and annually thereafter through 2024, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on activities carried out under this section that includes an assessment of the progress made by the official designated under subsection (a) in conducting the monitoring required by that subsection.

(e)Reports.—

The Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report—

(1)identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the Administration;

(2)describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps;

(3)describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps;

(4)setting forth the anticipated timelines and resources needed for such mitigating actions; and

(5)describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal Government or the private sector to address such risks and gaps.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3113 of Pub. L. 116–283, which was set out as a note under section 2512 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(8).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (d). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “Initial briefing” and “Subsequent briefings”, respectively.

§6104 Monitoring of Industrial Base for Nuclear Weapons Components, Subsystems, and Materials