S1-DEL-UAS-2020, Delegation of Authority under 50 U.S.C. 2661, Protection of Certain Nuclear Facilities and Assets from Unmanned Aircraft

The Secretary of Energy Washington, DC 20585 August 17, 2020 MEMORANDUM FOR DEPUTY SECRETARY OF ENERGY PAUL M. DABBAR UNDER SECRETARY FOR SCIENCE LISA E. GORDON-HAGERTY UNDER SECRETARY FOR NUCLEAR SECURITY ADMINISTRATOR, NNSA FROM: DAN BROUILLETTE SUBJECT: Delegation of Authority under 50 U.S.C. 2661, Protection of Certain Nuclear Facilities and Assets from Unmanned Aircraft Congress enacted legislation in section 3112 of the National Defense Authorization Act for Fiscal Year 2017, which added section 4510 to the Atomic Energy Defense Act, 50 U.S.C. 2661, Protection of certain nuclear facilities and assets from unmanned aircraft. The law gave me the authority to take actions necessary to mitigate the threat that an unmanned aircraft system (UAS) or unmanned aircraft poses to the safety or security of covered facilities or assets. The authorized actions include detection, identification, monitoring, tracking, disrupting control of, and the use of reasonable force to disable, damage, or destroy UAS or unmanned aircraft. I hereby delegate these authorities to you, as laid out below: The Deputy Secretary is authorized to execute the following actions: On a nonexclusive basis, under 50 U.S.C. 2661, Protection of certain nuclear facilities and assets from unmanned aircraft, take the actions described in subsection (b)(1) that are necessary for the development of a plan to mitigate the threat an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset. This authority may not be redelegated. The Under Secretary of Energy is authorized to execute the following actions: On a nonexclusive basis, under 50 U.S.C. 2661, Protection of certain nuclear facilities and assets from unmanned aircraft, take the actions described in subsection (b)(1) that are necessary for the development of a plan to mitigate the threat an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset. This authority may not be redelegated. Delegation S1-DEL-UAS-2020 2 On a nonexclusive basis, under 50 U.S.C. 2661, Protection of certain nuclear facilities and assets from unmanned aircraft, take the actions described in subsection (b)(1) that are necessary for the development of a plan to mitigate the threat an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset. This authority may not be redelegated. The Under Secretary for Nuclear Security is authorized to execute the following actions: On a nonexclusive basis, under 50 U.S.C. 2661, Protection of certain nuclear facilities and assets from unmanned aircraft, take the actions described in subsection (b)(1) that are necessary for the development and implementation of a counter unmanned aircraft system (CUAS) program. The implementation plans to mitigate the threat a UAS or unmanned aircraft poses to the safety or security of a covered facility or asset shall consist of a programmatic concept of operations and rules of engagement tailored to each CUAS deployment location. This authority may not be redelegated. If you require additional information, please contact Matthew Moury, Associate Under Secretary for Environment, Health, Safety and Security, at (202) 586-1285. Attachment: 50 U.S.C. § 2661 The Under Secretary for Science is authorized to execute the following actions: