50 U.S.C. § 2529 — Requirements for specific request for new

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 L. 112–239 repealed sec- tion 4208 of Pub.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 L. 112–239 repealed section 3152 of Pub.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 Repealed.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- Page 441 TITLE 50—WAR AND NATIONAL DEFENSE § 2532 tion’’ for ‘‘research and development which could lead to the production’’. Subsec. (b). Pub. L. 117–263, § 3111(2), added subsec. (b) and struck out former subsec. (b) which related to budget request format. Subsec. (c). Pub. L. 117–263, § 3111(3), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘Subsection (a) shall not apply to funds for purposes of conducting, or providing for the conduct of, research and development, or manufac- turing and engineering, determined by the Secretary to be necessary to address proliferation concerns.’’ 2018—Subsec. (a)(1). Pub. L. 115–232 inserted dash after ‘‘weapon, the Secretary’’, designated remainder of existing provisions as subpar. (A), and added subpar. (B). 2013—Subsec. (d). Pub. L. 113–66 made technical amendment to reference in original act which appears in text as reference to ‘‘December 2, 2002’’ in two places. 2009—Subsec. (c). Pub. L. 111–84, § 3115(1), substituted ‘‘necessary to address proliferation concerns.’’ for ‘‘nec- essary— ‘‘(1) for the nuclear weapons life extension program; ‘‘(2) to modify an existing nuclear weapon solely to address safety or reliability concerns; or ‘‘(3) to address proliferation concerns.’’ Subsec. (d). Pub. L. 111–84, § 3115(2), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1), which read as follows: ‘‘The term ‘life extension program’ means the program to repair or re- place non-nuclear components, or to modify the pit or canned subassembly, of nuclear weapons that are in the nuclear weapons stockpile on December 2, 2002, in order to assure that such nuclear weapons retain the ability to meet the military requirements applicable to such nuclear weapons when first placed in the nuclear weap- ons stockpile.’’ Statutory Notes and Related Subsidiaries DEVELOPMENT OF LOW-YIELD NUCLEAR WEAPONS; AUTHORIZATION AND LIMITATION Pub. L. 115–232, div. C, title XXXI, § 3111(a), Aug. 13, 2018, 132 Stat. 2289, provided that: ‘‘The Secretary of Energy, acting through the Administrator for Nuclear Security, may carry out the engineering development phase, and any subsequent phase, to modify or develop a low-yield nuclear warhead for submarine-launched ballistic missiles.’’ Pub. L. 108–136, div. C, title XXXI, § 3116(c), Nov. 24, 2003, 117 Stat. 1746, as amended by Pub. L. 115–232, div. C, title XXXI, § 3111(b), Aug. 13, 2018, 132 Stat. 2289, pro- vided that: ‘‘The Secretary of Energy may not com- mence the engineering development phase, or any sub- sequent phase, of a low-yield nuclear weapon unless the Secretary specifically requests funding for the develop- ment of that weapon pursuant to section 4209(a) of the Atomic Energy Defense Act (50 U.S.C. 2529(a)).’’ § 2530. Testing of nuclear weapons (a) Underground testing No underground test of nuclear weapons may be conducted by the United States after Sep- tember 30, 1996, unless a foreign state conducts a nuclear test after this date, at which time the prohibition on United States nuclear testing is lifted. (b) Atmospheric testing None of the funds appropriated pursuant to the National Defense Authorization Act for Fis- cal Year 1994 (Public Law 103–160; 107 Stat. 1547) or any other Act for any fiscal year may be available to maintain the capability of the United States to conduct atmospheric testing of a nuclear weapon. (Pub. L. 107–314, div. D, title XLII, § 4210, for- merly Pub. L. 102–377, title V, § 507(f), Oct. 2, 1992, 106 Stat. 1345; renumbered Pub. L. 107–314, div. D, title XLII, § 4210, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(e)(11), Nov. 24, 2003, 117 Stat. 1760; Pub. L. 112–239, div. C, title XXXI, § 3131(d)(1), Jan. 2, 2013, 126 Stat. 2180.) Editorial Notes REFERENCES IN TEXT The National Defense Authorization Act for Fiscal Year 1994, referred to in subsec. (b), is Pub. L. 103–160, Nov. 30, 1993, 107 Stat. 1547. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly set out in a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136. Pub. L. 108–136, div. C, title XXXI, § 3141(e)(11), Nov. 24, 2003, 117 Stat. 1760, which directed the transfer to this section of section 507(f) of the Energy and Water Development Appropriations Act, 1993, ‘‘(Public Law 102–337; 106 Stat. 1345)’’, was executed by transferring section 507(f) of Pub. L. 102–377 to this section, to re- flect the probable intent of Congress. AMENDMENTS 2013—Pub. L. 112–239 amended section generally. Prior to amendment, text read as follows: ‘‘No underground test of nuclear weapons may be conducted by the United States after September 30, 1996, unless a foreign state conducts a nuclear test after this date, at which time the prohibition on United States nuclear testing is lifted.’’ 2003—Pub. L. 108–136, § 3141(e)(11)(C)(i), inserted sec- tion catchline. § 2531. Repealed. Pub. L. 112–239, div. C, title XXXI, § 3131(d)(3), Jan. 2, 2013, 126 Stat. 2181 Section, Pub. L. 107–314, div. D, title XLII, § 4211, for- merly Pub. L. 103–160, div. C, title XXXI, § 3137, Nov. 30, 1993, 107 Stat. 1946; renumbered Pub. L. 107–314, div. D, title XLII, § 4211, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(e)(12), Nov. 24, 2003, 117 Stat. 1760, pro- vided for availablity of funds for maintaining the tech- nical capability to resume underground nuclear testing at the Nevada Test Site. § 2532. Manufacturing infrastructure for refab- rication and certification of nuclear weapons stockpile (a) Manufacturing program (1) The Secretary of Energy shall carry out a program for purposes of establishing within the Government a manufacturing infrastructure that has the capabilities of meeting the fol- lowing objectives: (A) To provide a stockpile surveillance engi- neering base. (B) To refabricate and certify weapon com- ponents and types in the enduring nuclear weapons stockpile, as necessary. (C) To fabricate and certify new nuclear war- heads, as necessary. (D) To support nuclear weapons. (E) To supply sufficient tritium in support of nuclear weapons to ensure an upload hedge in the event circumstances require. (2) The purpose of the program carried out under paragraph (1) shall also be to develop manufacturing capabilities and capacities nec-