50 U.S.C. § 2531 — Repealed. Pub. L. 112–239, div. C, title

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-