§2575 — Title 50 War and National Defense | U.S. Code

Summary

The Administrator must create and update a five-year management plan every year for the agency’s work to stop the spread of nuclear and radiological weapons and materials. By March 15 in even-numbered years, the Administrator must send Congress a short summary of the plan. By March 15 in odd-numbered years, the Administrator must send a detailed report. Both must be unclassified, but can include a classified annex if needed. The plan must explain the policy setting (laws, presidential policies, international agreements, and other federal work) and review the prior year’s goals, activities, results, problems, and any gaps. It must show money that is unspent above acceptable carryover limits set by the Secretary of Energy, and list funds from foreign contributions or cost-sharing. The plan must describe coordination with other parts of the Department of Energy, the Department of Defense, and other agencies. It must lay out five-year plans and budgets for preventing, countering, and responding to nuclear and radiological threats. That includes managing and removing dangerous materials (like highly enriched uranium and plutonium), securing materials and adding detection at borders and ports, verification and safeguards, relevant research and development, and construction work. The plan must include an intelligence community threat assessment, measures and goals to judge success, prioritization among programs, summaries of related technology and assessment work required by law, and any other items the Administrator finds appropriate.

Title 50, §2575

War and National Defense — Source: USLM XML via OLRC

(a)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)(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)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 2569(e) of this title 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 11 So in original. Probably should be followed by “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 3003(4) of this title), 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 2576(a) of this title.

(16)A summary of the assessments conducted under section 2576(b)(1) of this title.

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

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (c)(7). Pub. L. 118–31 substituted “with section 2569(e) of this title” for “section 2569(f) of this title”. 2018—Subsec. (c)(16) to (18). Pub. L. 115–232 redesignated pars. (17) and (18) as (16) and (17), respectively. 2017—Subsec. (a). Pub. L. 115–91, § 3133(f)(1)(C), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “Concurrent with the submission to Congress of the budget of the President under section 1105(a) of title 31, in each fiscal year, the Administrator shall submit to the congressional defense committees 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.” Subsec. (b). Pub. L. 115–91, § 3133(f)(1)(C), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (b)(16) to (18). Pub. L. 115–91, § 3114(b), added pars. (16) and (17) and redesignated former par. (16) as (18). Subsec. (c). Pub. L. 115–91, § 3133(f)(1)(A), (B), redesignated subsec. (b) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “The plan required by subsection (a) shall be submitted to the congressional defense committees in unclassified form, but may include a classified annex if necessary.” Subsec. (c)(2). Pub. L. 115–91, § 3133(f)(3)(A), substituted “the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be” for “the plan required by subsection (a)”. Subsec. (c)(6). Pub. L. 115–91, § 3133(f)(3)(B), substituted “the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be” for “the plan required by subsection (a)”. Subsec. (c)(7). Pub. L. 115–91, § 3133(f)(3)(C), substituted “the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be,” for “the plan required by subsection (a)”. Subsec. (c)(9). Pub. L. 115–91, § 3133(f)(3)(D), substituted “the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be,” for “the plan required by subsection (a)” in introductory provisions. Subsec. (c)(10). Pub. L. 115–91, § 3133(f)(3)(E), substituted “the summary required by paragraph (1) of subsection (b) or the report required by paragraph (2) of that subsection, as the case may be,” for “the plan required by subsection (a)”. Subsec. (c)(14) to (16). Pub. L. 115–91, § 3133(f)(2), redesignated pars. (15) and (16) as (14) and (15), respectively, and struck out former par. (14) which read as follows: “A description of funds for the program expected to be received during that five-year period through contributions from or cost-sharing agreements with foreign governments consistent section 2569(f) of this title.”

§2575 Defense Nuclear Nonproliferation Management Plan

Summary

Title 50, §2575

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata