10 U.S.C. § 6159: Defense nuclear nonproliferat…

Summary

The Administrator must create and update every year a five-year management plan for the Administration’s programs that stop the spread of nuclear and radiological weapons and reduce the risk of nuclear terrorism. By March 15 of even-numbered years the Administrator must send Congress a summary of that plan, and by March 15 of odd-numbered years must send a detailed report. Both submissions must be unclassified but can include a classified annex if needed. For each program, the plan must explain the policy context (laws, presidential directives, international agreements, and other agencies’ work), last year’s goals, activities, results, problems, and any gaps left. It must identify unspent funds above DOE thresholds and any foreign contributions. It must show how the work is coordinated with DOE, the Department of Defense, and other agencies, and give a five-year program plan and funding plan. The five-year plan must cover preventing, countering, and responding to nuclear/radiological threats — including managing and reducing weapons-usable materials (like highly enriched uranium and plutonium), securing materials and installing detection at ports and borders, verification and safeguards, research and development for detection and verification, and related construction. The plan must include a threat assessment from the intelligence community and say how activities will address that threat, list performance metrics and priorities, summarize technologies and assessments required under sections 6160(a) and 6160(b)(1), and include any other matters the Administrator finds appropriate.

Title 10, §6159

Armed Forces, Source: USLM XML via OLRC

(a)Plan Required.—

The Administrator shall develop and annually update a five-year management plan for activities associated with the defense nuclear nonproliferation programs of the Administration to prevent and counter the proliferation of materials, technology, equipment, and expertise related to nuclear and radiological weapons in order to minimize and address the risk of nuclear terrorism and the proliferation of such weapons.

(b)Submission to Congress.—

(1)Not later than March 15 of each even-numbered year, the Administrator shall submit to the congressional defense committees a summary of the plan developed under subsection (a).

(2)Not later than March 15 of each odd-numbered year, the Administrator shall submit to the congressional defense committees a detailed report on the plan developed under subsection (a).

(3)Each summary submitted under paragraph (1) and each report submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex if necessary.

(c)Elements.—

The plan required by subsection (a) shall include, with respect to each defense nuclear nonproliferation program of the Administration, the following:

(1)A description of the policy context in which the program operates, including—

(A)a list of relevant laws, policy directives issued by the President, and international agreements; and

(B)nuclear nonproliferation activities carried out by other Federal agencies.

(2)A description of the objectives and priorities of the program during the year preceding the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be.

(3)A description of the activities carried out under the program during that year.

(4)A description of the accomplishments and challenges of the program during that year, based on an assessment of metrics and objectives previously established to determine the effectiveness of the program.

(5)A description of any gaps that remain that were not or could not be addressed by the program during that year.

(6)An identification and explanation of uncommitted or uncosted balances for the program, as of the date of the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, that are greater than the acceptable carryover thresholds, as determined by the Secretary of Energy.

(7)An identification of funds for the program received through contributions from or cost-sharing agreements with foreign governments consistent with section 6155(e) during the year preceding the submission of the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, and an explanation of such contributions and agreements.

(8)A description and assessment of activities carried out under the program during that year that were coordinated with other elements of the Department of Energy, with the Department of Defense, and with other Federal agencies, to maximize efficiency and avoid redundancies.

(9)Plans for activities of the program during the five-year period beginning on the date on which the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, is submitted, including activities with respect to the following:

(A)Preventing nuclear and radiological proliferation and terrorism, including through—

(i)material management and minimization, particularly with respect to removing or minimizing the use of highly enriched uranium, plutonium, and radiological materials worldwide (and identifying the countries in which such materials are located), efforts to dispose of surplus material, converting reactors from highly enriched uranium to low-enriched uranium (and identifying the countries in which such reactors are located);

(ii)global nuclear material security, including securing highly enriched uranium, plutonium, and radiological materials worldwide (and identifying the countries in which such materials are located), and providing radiation detection capabilities at foreign ports and borders;

(iii)nonproliferation and arms control, including nuclear verification and safeguards;

(iv)defense nuclear research and development, including a description of activities related to developing and improving technology to detect the proliferation and detonation of nuclear weapons, verifying compliance of foreign countries with commitments under treaties and agreements relating to nuclear weapons, and detecting the diversion of nuclear materials (including safeguards technology); and

(v)nonproliferation construction programs, including activities associated with Department of Energy Order 413.1 (relating to program management controls).

(B)Countering nuclear and radiological proliferation and terrorism.

(C)Responding to nuclear and radiological proliferation and terrorism, including through—

(i)crisis operations;

(ii)consequences management; and

(iii)emergency management, including international capacity building.

(10)A threat assessment, carried out by the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))), with respect to the risk of nuclear and radiological proliferation and terrorism and a description of how each activity carried out under the program will counter the threat during the five-year period beginning on the date on which the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be, is submitted and, as appropriate, in the longer term.

(11)A plan for funding the program during that five-year period.

(12)An identification of metrics and objectives for determining the effectiveness of each activity carried out under the program during that five-year period.

(13)A description of the activities to be carried out under the program during that five-year period and a description of how the program will be prioritized relative to other defense nuclear nonproliferation programs of the Administration during that five-year period to address the highest priority risks and requirements, as informed by the threat assessment carried out under paragraph (10).

(14)A description and assessment of activities to be carried out under the program during that five-year period that will be coordinated with other elements of the Department of Energy, with the Department of Defense, and with other Federal agencies, to maximize efficiency and avoid redundancies.

(15)A summary of the technologies and capabilities documented under section 6160(a).

(16)A summary of the assessments conducted under section 6160(b)(1).

(17)Such other matters as the Administrator considers appropriate.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6159, added Pub. L. 85–56, title XXII, § 2201(31)(C), June 17, 1957, 71 Stat. 161, provided for a pension to disabled naval enlisted personnel serving 20 years or more, equal to one-half the pay of enlisted man’s rating at the time of his discharge, prior to repeal by Pub. L. 91–482, § 1(a), Oct. 21, 1970, 84 Stat. 1082. Provisions similar to those in this section were contained in section 2575 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins.

§6159 Defense Nuclear Nonproliferation Management Plan