50 U.S.C. § 2528 — Repealed. Pub. L. 112–239, div. C, title

Page 439 TITLE 50—WAR AND NATIONAL DEFENSE § 2528 Subsec. (f). Pub. L. 111–84, § 3114(a)(2)(A), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (f)(1)(A). Pub. L. 111–84, § 3114(d)(2), sub- stituted ‘‘subsection (e)’’ for ‘‘subsection (d)’’. Subsec. (g). Pub. L. 111–84, § 3114(d)(3), substituted ‘‘subsection (f)’’ for ‘‘subsection (e)’’. Pub. L. 111–84, § 3114(a)(2)(A), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 111–84, § 3114(a)(2)(A), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 111–84, § 3114(a)(2)(A), redesignated subsec. (h) as (i). Subsec. (i)(1). Pub. L. 111–84, § 3114(d)(4)(A), sub- stituted ‘‘subsection (e)’’ for ‘‘subsection (d)’’. Subsec. (i)(2). Pub. L. 111–84, § 3114(d)(4)(B), sub- stituted ‘‘subsection (f)’’ for ‘‘subsection (e)’’. 2003—Subsec. (d)(3)(B). Pub. L. 108–136, § 3141(e)(6)(D), substituted ‘‘section 2532 of this title’’ for ‘‘section 3137 of the National Defense Authorization Act for Fiscal Year 1996 (42 U.S.C. 2121 note)’’. § 2526. Form of certifications regarding the safe- ty or reliability of the nuclear weapons stockpile Any certification submitted to the President by the Secretary of Defense or the Secretary of Energy regarding confidence in the safety or re- liability of a nuclear weapon type in the United States nuclear weapons stockpile shall be sub- mitted in classified form only. (Pub. L. 107–314, div. D, title XLII, § 4206, for- merly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3194], Oct. 30, 2000, 114 Stat. 1654, 1654A–481; re- numbered Pub. L. 107–314, div. D, title XLII, § 4206, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(7), Nov. 24, 2003, 117 Stat. 1759.) Editorial Notes CODIFICATION Section was formerly set out as a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136. § 2527. Nuclear test ban readiness program (a) Establishment of program The Secretary of Energy shall establish and support a program to assure that the United States is in a position to maintain the reli- ability, safety, and continued deterrent effect of its stockpile of existing nuclear weapons designs in the event that a low-threshold or comprehen- sive ban on nuclear explosives testing is nego- tiated and ratified within the framework agreed to by the United States and the Russian Federa- tion. (b) Purposes of program The purposes of the program under subsection (a) shall be the following: (1) To assure that the United States main- tains a vigorous program of stockpile inspec- tion and non-explosive testing so that, if a low-threshold or comprehensive test ban is en- tered into, the United States remains able to detect and identify potential problems in stockpile reliability and safety in existing de- signs of nuclear weapons. (2) To assure that the specific materials, components, processes, and personnel needed for the remanufacture of existing nuclear weapons or the substitution of alternative nu- clear warheads are available to support such remanufacture or substitution if such action becomes necessary in order to satisfy reli- ability and safety requirements under a low- threshold or comprehensive test ban agree- ment. (3) To assure that a vigorous program of re- search in areas related to nuclear weapons science and engineering is supported so that, if a low-threshold or comprehensive test ban agreement is entered into, the United States is able to maintain a base of technical knowl- edge about nuclear weapons design and nu- clear weapons effects. (c) Conduct of program The Secretary of Energy shall carry out the program provided for in subsection (a). The pro- gram shall be carried out with the participation of representatives of the Department of Defense, the nuclear weapons production facilities, and the national security laboratories. (Pub. L. 107–314, div. D, title XLII, § 4207, for- merly Pub. L. 100–456, div. A, title XIV, § 1436, Sept. 29, 1988, 102 Stat. 2075; Pub. L. 105–85, div. C, title XXXI, § 3152(i), Nov. 18, 1997, 111 Stat. 2042; renumbered Pub. L. 107–314, div. D, title XLII, § 4207, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(e)(8), Nov. 24, 2003, 117 Stat. 1759; Pub. L. 113–66, div. C, title XXXI, § 3146(c)(4), Dec. 26, 2013, 127 Stat. 1074.) Editorial Notes CODIFICATION Section was formerly set out as a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136. AMENDMENTS 2013—Subsec. (a). Pub. L. 113–66, § 3146(c)(4)(A)–(C), re- designated subsec. (b) as (a), substituted ‘‘Russian Fed- eration’’ for ‘‘Soviet Union’’, and struck out former subsec. (a) which related to congressional findings re- garding negotiations between the United States and the Soviet Union on nuclear test ban verification meas- ures. Subsec. (b). Pub. L. 113–66, § 3146(c)(4)(B), (D), redesig- nated subsec. (c) as (b) and substituted ‘‘subsection (a)’’ for ‘‘subsection (b)’’ in introductory provisions. Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 113–66, § 3146(c)(4)(B), (E), redesig- nated subsec. (d) as (c) and substituted ‘‘subsection (a)’’ for ‘‘subsection (b)’’ and ‘‘national security labora- tories’’ for ‘‘national nuclear weapons laboratories’’. Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 113–66, § 3146(c)(4)(B), redesignated subsec. (d) as (c). 2003—Pub. L. 108–136, § 3141(e)(8)(D), made technical amendment to section catchline. 1997—Subsec. (e). Pub. L. 105–85 struck out heading and text of subsec. (e). Text read as follows: ‘‘The Sec- retary of Energy shall submit to Congress each year an unclassified report (with a classified annex as nec- essary) that describes the progress made to the date of the report in achieving the purposes of the program re- quired to be established under subsection (b).’’ § 2528. Repealed. Pub. L. 112–239, div. C, title XXXI, § 3133(e)(1)(A), (2), Jan. 2, 2013, 126 Stat. 2192, 2193 Section, Pub. L. 107–314, div. D, title XLII, § 4208, for- merly Pub. L. 104–106, div. C, title XXXI, § 3152, Feb. 10, 1996, 110 Stat. 623; Pub. L. 106–398, § 1 [div. C, title XXXI, Page 440 TITLE 50—WAR AND NATIONAL DEFENSE § 2528a § 3192], Oct. 30, 2000, 114 Stat. 1654, 1654A–480; renum- bered Pub. L. 107–314, div. D, title XLII, § 4208, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(9), Nov. 24, 2003, 117 Stat. 1759; Pub. L. 110–181, div. C, title XXXI, § 3112(b)(1), Jan. 28, 2008, 122 Stat. 577, required the Sec- retary of Energy to submit to Congress in odd-num- bered years reports on the nuclear test readiness of the United States. Editorial Notes CODIFICATION Section 3133(e)(1)(A) of Pub. L. 112–239 repealed sec- tion 4208 of Pub. L. 107–314, which was classified to this section. Section 3133(e)(2) of Pub. L. 112–239 repealed section 3152 of Pub. L. 104–106, which was transferred and redesignated as section 4208 of Pub. L. 107–314, and section 3133(e)(2) is treated as also repealing this sec- tion, to reflect the probable intent of Congress. § 2528a. Repealed. Pub. L. 110–181, div. C, title XXXI, § 3112(a), Jan. 28, 2008, 122 Stat. 577 Section, Pub. L. 108–136, div. C, title XXXI, § 3113, Nov. 24, 2003, 117 Stat. 1743, related to readiness posture for resumption by the United States of underground nuclear weapons tests. § 2529. Requirements for specific request for new or modified nuclear weapons (a) Requirement for request for funds for devel- opment (1) In any fiscal year after fiscal year 2002 in which the Secretary of Energy plans to carry out activities described in paragraph (2) relating to the development of a new nuclear weapon or modified nuclear weapon beyond phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, the Secretary— (A) shall specifically request funds for such activities in the budget of the President for that fiscal year under section 1105(a) of title 31; and (B) may carry out such activities only if amounts are authorized to be appropriated for such activities by an Act of Congress con- sistent with section 7270 of title 42. (2) The activities described in this paragraph are as follows: (A) The conduct, or provision for conduct, of research and development for the production of a new nuclear weapon by the United States. (B) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a new nuclear weapon by the United States. (C) The conduct, or provision for conduct, of research and development for the production of a modified nuclear weapon by the United States. (D) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a modified nuclear weapon by the United States. (b) Budget request format In a request for funds under subsection (a), the Secretary shall include a dedicated line item for each activity described in subsection (a)(2) for a new nuclear weapon or modified nuclear weapon that is in phase 2 or higher or phase 6.2 or higher (as the case may be) of the nuclear weapon ac- quisition process. (c) Notification and briefing of noncovered ac- tivities In any fiscal year after fiscal year 2022, the Secretary of Energy, acting through the Admin- istrator, in conjunction with the annual submis- sion of the budget of the President to Congress pursuant to section 1105 of title 31, shall notify the congressional defense committees of— (1) any activities described in subsection (a)(2) relating to the development of a new nu- clear weapon or modified nuclear weapon that, during the calendar year prior to the budget submission, were carried out prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process; and (2) any plans to carry out, prior to phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, activities de- scribed in subsection (a)(2) relating to the de- velopment of a new nuclear weapon or modi- fied nuclear weapon during the fiscal year cov- ered by that budget. (d) Definitions In this section: (1) The term ‘‘modified nuclear weapon’’ means a nuclear weapon that contains a pit or canned subassembly, either of which— (A) is in the nuclear weapons stockpile as of December 2, 2002; and (B) is being modified in order to meet a military requirement that is other than the military requirements applicable to such nu- clear weapon when first placed in the nu- clear weapons stockpile. (2) The term ‘‘new nuclear weapon’’ means a nuclear weapon that contains a pit or canned subassembly, either of which is neither— (A) in the nuclear weapons stockpile on December 2, 2002; nor (B) in production as of that date. (Pub. L. 107–314, div. D, title XLII, § 4209, for- merly div. C, title XXXI, § 3143, Dec. 2, 2002, 116 Stat. 2733; renumbered div. D, title XLII, § 4209, by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(10), Nov. 24, 2003, 117 Stat. 1759; Pub. L. 111–84, div. C, title XXXI, § 3115, Oct. 28, 2009, 123 Stat. 2707; Pub. L. 113–66, div. C, title XXXI, § 3146(c)(5), Dec. 26, 2013, 127 Stat. 1074; Pub. L. 115–232, div. C, title XXXI, § 3111(c), Aug. 13, 2018, 132 Stat. 2289; Pub. L. 117–263, div. C, title XXXI, § 3111, Dec. 23, 2022, 136 Stat. 3051; Pub. L. 118–159, div. C, title XXXI, § 3111(c)(3), Dec. 23, 2024, 138 Stat. 2295.) Editorial Notes CODIFICATION Section was formerly classified to section 7271d of Title 42, The Public Health and Welfare, prior to re- numbering by Pub. L. 108–136. AMENDMENTS 2024—Subsec. (a)(1). Pub. L. 118–159 substituted ‘‘phase 2 or phase 6.2’’ for ‘‘phase 1 or phase 6.1’’ in in- troductory provisions. 2022—Subsec. (a)(1). Pub. L. 117–263, § 3111(1)(A), in- serted ‘‘beyond phase 1 or phase 6.1 (as the case may be) of the nuclear weapon acquisition process’’ after ‘‘modified nuclear weapon’’ in introductory provisions. Subsec. (a)(2)(A), (C). Pub. L. 117–263, § 3111(1)(B), sub- stituted ‘‘research and development for the produc-