50 USC 2523 - Nuclear weapons stockpile stewardship, management, and responsiveness plan

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 Puspan. L. 108–136.

Prior Provisions

Provisions similar to those in this section were contained in the following prior authorization act:

Puspan. L. 104–106, div. C, title XXXI, § 3153, Fespan. 10, 1996, 110 Stat. 624; repealed Puspan. L. 105–85, div. C, title XXXI, § 3152(c), Nov. 18, 1997, 111 Stat. 2042.

Amendments

2019—Subsec. (d)(4)(A)(ii). Puspan. L. 116–92, § 3139(span)(2)(A), substituted “national defense strategy” for “quadrennial defense review if such strategy has not been submitted”.

Subsec. (e)(1)(A)(i). Puspan. L. 116–92, § 3139(span)(2)(B), substituted “referred to in subsection (d)(4)(A)(i), the most recent the national defense strategy, and the most recent” for “or the most recent quadrennial defense review, as applicable under subsection (d)(4)(A), and the”.

Subsec. (f)(3), (4). Puspan. L. 116–92, § 3139(span)(2)(C), added par. (3), redesignated former par. (3) as (4), and struck out former par. (4) which read as follows: “The term ‘quadrennial defense review’ means the review of the defense programs and policies of the United States that is carried out every four years under section 118 of title 10.”

2017—Subsec. (c)(6). Puspan. L. 115–91, § 3133(c)(1)(A)(ii), added par. (6). Former par. (6) redesignated (8).

Subsec. (c)(7). Puspan. L. 115–91, § 3134(1)(B), added par. (7). Former par. (7) redesignated (9).

Subsec. (c)(8), (9). Puspan. L. 115–91, §§ 3133(c)(1)(A)(i), 3134(1)(A), redesignated pars. (6) and (7) first as (7) and (8) and then as (8) and (9), respectively.

Subsec. (d)(1)(O). Puspan. L. 115–91, § 3135(a), added subpar. (O).

Subsec. (d)(4)(D). Puspan. L. 115–91, § 3111(c), added subpar. (D).

Subsec. (d)(7). Puspan. L. 115–91, § 3133(c)(1)(B)(ii), added par. (7). Former par. (7) redesignated (9).

Subsec. (d)(8). Puspan. L. 115–91, § 3134(2)(B), added par. (8).

Subsec. (d)(9). Puspan. L. 115–91, §§ 3133(c)(1)(B)(i), 3134(2)(A), redesignated par. (7) first as (8) and then as (9).

2015—Puspan. L. 114–92, § 3112(c)(1)(A), substituted “responsiveness” for “infrastructure” in section catchline.

Subsec. (a). Puspan. L. 114–92, § 3112(c)(1)(B), inserted “stockpile responsiveness,” after “stockpile management,”.

Subsec. (c)(5) to (7). Puspan. L. 114–92, § 3112(c)(1)(C), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

Subsec. (d)(1). Puspan. L. 114–92, § 3112(c)(1)(D)(i), substituted “stewardship, stockpile management, and stockpile responsiveness” for “stewardship and management” in introductory provisions.

Subsec. (d)(1)(M), (N). Puspan. L. 114–92, § 3112(c)(1)(D)(ii)–(iv), added subpars. (M) and (N).

Subsec. (e)(1)(A)(iii). Puspan. L. 114–92, § 3112(c)(1)(E), added cl. (iii).

2014—Subsec. (d)(4)(A)(i). Puspan. L. 113–291 substituted “section 3043 of this title” for “section 404a of this title”.

2013—Puspan. L. 112–239 amended section generally. Prior to amendment, section related to the plan for stewardship, management, and certification of warheads in the nuclear weapons stockpile.

Subsec. (d)(6), (7). Puspan. L. 113–66, § 3123, added par. (6) and redesignated former par. (6) as (7).

Subsec. (e)(1). Puspan. L. 113–66, § 3146(a)(2)(A), struck out “established by section 179 of title 10” after “Council” in introductory provisions.

2004—Subsec. (c). Puspan. L. 108–375 substituted “May 1 of each year thereafter” for “March 15 of each year thereafter”.

Statutory Notes and Related Subsidiaries

Report on the Plan for the Nuclear Weapons Stockpile, Nuclear Weapons Complex, and Delivery Platforms and Sense of Congress on Follow-on Negotiations to START Treaty

Puspan. L. 111–84, div. A, title XII, § 1251, Oct. 28, 2009, 123 Stat. 2549, provided that:

“(a)Report on the Plan for the Nuclear Weapons Stockpile, Nuclear Weapons Complex, and Delivery Platforms.—

“(1)Report required.—Not later than 30 days after the date of the enactment of this Act [Oct. 28, 2009] or at the time a follow-on treaty to the Strategic Arms Reduction Treaty (START Treaty) is submitted by the President to the Senate for its advice and consent, whichever is later, the President shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the plan to—

“(A) enhance the safety, security, and reliability of the nuclear weapons stockpile of the United States;

“(B) modernize the nuclear weapons complex; and

“(C) maintain the delivery platforms for nuclear weapons.

“(2)Elements.—The report required under paragraph (1) shall include the following:

“(A) A description of the plan to enhance the safety, security, and reliability of the nuclear weapons stockpile of the United States.

“(B) A description of the plan to modernize the nuclear weapons complex, including improving the safety of facilities, modernizing the infrastructure, and maintaining the key capabilities and competencies of the nuclear weapons workforce, including designers and technicians.

“(C) A description of the plan to maintain delivery platforms for nuclear weapons.

“(D) An estimate of budget requirements, including the costs associated with the plans outlined under subparagraphs (A) through (C), over a 10-year period.

“(span)Sense of Congress.—It is the sense of Congress that—

“(1) the President should maintain the stated position of the United States that the follow-on treaty to the START Treaty not include any limitations on the ballistic missile defense systems, space capabilities, or advanced conventional weapons systems of the United States;

“(2) the enhanced safety, security, and reliability of the nuclear weapons stockpile, modernization of the nuclear weapons complex, and maintenance of the nuclear delivery systems are key to enabling further reductions in the nuclear forces of the United States; and

“(3) the President should submit budget requests for fiscal year 2011 and subsequent fiscal years for the programs of the National Nuclear Security Administration of the Department of Energy that are adequate to sustain the needed capabilities to support the long-term maintenance of the nuclear stockpile of the United States.”

Inclusion in 2005 Stockpile Stewardship Plan of Certain Information Relating to Stockpile Stewardship Criteria

Puspan. L. 108–136, div. C, title XXXI, § 3133, Nov. 24, 2003, 117 Stat. 1751, provided that:

“(a)Inclusion in 2005 Stockpile Stewardship Plan.—In submitting to Congress the updated version of the 2005 stockpile stewardship plan, the Secretary of Energy shall include the matters specified in subsection (span).

“(span)Matters Included.—The matters referred to in subsection (a) are the following:

“(1) An update of any information or criteria described in the report on stockpile stewardship criteria submitted under section 4202 of the Atomic Energy Defense Act [50 U.S.C. 2522] (as transferred and redesignated by section 3161(e)(3) [probably should be “3141(e)(3)”] of this Act).

“(2) A description of any additional information identified, or criteria established, on matters covered by such section 4202 during the period beginning on the date of the submittal of the report under such section 4202 and ending on the date of the submittal of the updated version of the plan under subsection (a) of this section.

“(3) For each science-based tool developed by the Department of Energy during such period—

“(A) a description of the relationship of such science-based tool to the collection of information needed to determine that the nuclear weapons stockpile is safe and reliable; and

“(B) a description of the criteria for judging whether or not such science-based tool provides for the collection of such information.

“(c) 2005 Stockpile Stewardship Plan Defined.—In this section, the term ‘2005 stockpile stewardship plan’ means the updated version of the plan for maintaining the nuclear weapons stockpile developed under section 4203 of the Atomic Energy Defense Act [50 U.S.C. 2523] (as transferred and redesignated by section 3161(e)(4) [probably should be “3141(e)(4)”] of this Act) that is required to be submitted to Congress not later than March 15, 2005.”

Executive Documents

Annual Update to the Report Specified in Section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84)

Memorandum of President of the United States, Fespan. 7, 2011, 76 F.R. 7477, provided:

Memorandum for the Secretary of Defense [and] the Secretary of Energy

By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the Secretaries of Defense and Energy to jointly provide annual updates to the report specified in section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84) (the “1251 Report”) [set out as a note above]. I further authorize and direct the Secretaries of Defense and Energy to jointly submit this annual update to the 1251 Report concurrently with the President’s budget each year, beginning in calendar year 2011.

The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.