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Report 1 on Tracking and Assessing Governance and Management Reform in the Nuclear Security Enterprise (2017)

Chapter: Appendix C Extract from the Fiscal Year 2016 National Defense Authorization Bill

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Suggested Citation:"Appendix C Extract from the Fiscal Year 2016 National Defense Authorization Bill." National Academies of Sciences, Engineering, and Medicine. 2017. Report 1 on Tracking and Assessing Governance and Management Reform in the Nuclear Security Enterprise. Washington, DC: The National Academies Press. doi: 10.17226/24749.
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C

Extract from the Fiscal Year 2016 National Defense Authorization Bill

SEC. 3137
GOVERNANCE AND MANAGEMENT OF NUCLEAR SECURITY ENTERPRISE

(a) Sense of Congress

It is the sense of Congress that

(1) correcting the longstanding problems with the governance and management of the nuclear security enterprise will require robust, personal, and long-term engagement by the President, the Secretary of Energy, the Administrator for Nuclear Security, and leaders from the appropriate congressional committees;

(2) recent and past studies of the governance and management of the nuclear security enterprise have provided a list of reasonable, practical, and actionable steps that the Secretary and the Administrator should take to make the nuclear security enterprise more efficient and more effective; and

(3) lasting and effective change to the nuclear security enterprise will require personal engagement by senior leaders, a clear plan, and mechanisms for ensuring follow-through and accountability.

(b) Implementation Plan

(1) IMPLEMENTATION ACTION TEAM.

(A) The Secretary and the Administrator shall jointly establish a team of senior officials from the Department of Energy and the National Nuclear Security Administration to develop and carry out an implementation plan to reform the governance and management of the nuclear security enterprise to improve the effectiveness and efficiency of the nuclear security enterprise. Such plan shall be developed and implemented in accordance with the National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.), the Atomic Energy Defense Act (50 U.S.C. 2501 et seq.), and any other provision of law.

(B) The team established under paragraph (1) shall be co-chaired by the Deputy Secretary of Energy and the Administrator.

(C) In developing and carrying out the implementation plan, the team shall consult with the implementation assessment panel established under subsection (c)(1).

(2) ELEMENTS.—The implementation plan developed under paragraph (1)(A) shall address all recommendations contained in the covered study (except such recommendations that require legislative action to carry out) by identifying specific actions, milestones, timelines, and responsible personnel to implement such plan.

(3) SUBMISSION.—Not later than March 31, 2016, the Secretary and the Administrator shall jointly submit to the appropriate congressional committees the implementation plan developed under paragraph (1)(A).

(c) Implementation Assessment Panel

(1) AGREEMENT.—Not later than 60 days after the date of the enactment of this Act, the Administrator shall seek to enter into a joint agreement with the National Academy of Sciences and the National Academy of Public Administration to establish a panel of external, independent

Suggested Citation:"Appendix C Extract from the Fiscal Year 2016 National Defense Authorization Bill." National Academies of Sciences, Engineering, and Medicine. 2017. Report 1 on Tracking and Assessing Governance and Management Reform in the Nuclear Security Enterprise. Washington, DC: The National Academies Press. doi: 10.17226/24749.
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experts to evaluate the implementation plan developed under subsection (b)(1)(A) and the implementation of such plan.

(2) DUTIES.—The panel established under paragraph (1) shall

(A) provide guidance to the Secretary and the Administrator with respect to the implementation plan developed under subsection (b)(1)(A), including how such plan compares or contrasts with the covered study;

(B) track the implementation of such plan; and

(C) assess the effectiveness of such plan.

(3) REPORTS.

(A) Not later than July 1, 2016, the panel established under paragraph (1) shall submit to the appropriate congressional committees, the Secretary, and the Administrator an initial assessment of the implementation plan developed under subsection (b)(1)(A), including with respect to the completeness of the plan, how the plan aligns with the intent and recommendations made by the covered study, and the prospects for success for the plan.

(B) Beginning February 28, 2017, and semiannually thereafter through 2020, the panel established under paragraph (1) shall brief the appropriate congressional committees, the Secretary, and the Administrator on the efforts of the Secretary and the Administrator to implement the implementation plan developed under subsection (b)(1)(A).

(C) Not later than September 30, 2020, the panel established under paragraph (1) shall submit to the appropriate congressional committees, the Secretary, and the Administrator a final report on the efforts of the Secretary and the Administrator to implement the implementation plan developed under subsection (b)(1)(A), including an assessment of the effectiveness of the reform efforts under such plan and whether further action is needed.

(4) COOPERATION.—The Secretary and the Administrator shall provide to the panel established under paragraph (1) full and timely access to all information, personnel, and systems of the Department of Energy and the National Nuclear Security Administration that the panel determines necessary to carry out this subsection.

(d) Definitions

In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means (A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives.

(2) COVERED STUDY.—The term “covered study” means the following:

(A) The final report of the Congressional Advisory Panel on the Governance of the Nuclear Security Enterprise established by section 3166 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2208); and (B) Any other study not conducted by the Secretary or the Administrator that the Secretary determines appropriate for purposes of this section.

(3) NUCLEAR SECURITY ENTERPRISE.—The term “nuclear security enterprise” has the meaning given that term in section 4002(6) of the Atomic Energy Defense Act (50 U.S.C. 2501(6)).

(e) Rules of Construction

Nothing in this section shall be construed to authorize any action (1) in contravention of section 3220 of the National Nuclear Security Administration Act (50 U.S.C. 2410); or (2) that would undermine or weaken health, safety, or security.

Suggested Citation:"Appendix C Extract from the Fiscal Year 2016 National Defense Authorization Bill." National Academies of Sciences, Engineering, and Medicine. 2017. Report 1 on Tracking and Assessing Governance and Management Reform in the Nuclear Security Enterprise. Washington, DC: The National Academies Press. doi: 10.17226/24749.
×
Page 46
Suggested Citation:"Appendix C Extract from the Fiscal Year 2016 National Defense Authorization Bill." National Academies of Sciences, Engineering, and Medicine. 2017. Report 1 on Tracking and Assessing Governance and Management Reform in the Nuclear Security Enterprise. Washington, DC: The National Academies Press. doi: 10.17226/24749.
×
Page 47
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A congressionally mandated study carried out in 2013-2014 led to the November 2014 report A New Foundation for the Nuclear Enterprise. That report summarizes the panel’s findings on the current health of the enterprise, examines the root causes of its governance challenges, and offers the panel’s recommendations to address the identified problems. It concludes that the existing governance structures and many of the practices of the enterprise are inefficient and ineffective, thereby putting the entire enterprise at risk over the long term. It offers recommendations to put the entire nuclear security enterprise on a stronger footing.

Recognizing the persistence of governance and management concerns, this report serves as an initial assessment of the implementation plan developed by the National Nuclear Security Administration and the Department Of Energy for addressing the recommendations from A New Foundation for the Nuclear Enterprise. There will be seven semi-annual interim reports to evaluate progress in implementing the plan. A final report will be issued at the end of the study to document the overall progress in executing the implementation plan, assess the effectiveness of the reform efforts under that plan, and recommend whether further action is needed.

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