50 USC 2529 - Requirements for specific request for new or modified nuclear weapons

Editorial Notes

Codification

Section was formerly classified to section 7271d of Title 42, The Public Health and Welfare, prior to renumbering by Puspan. L. 108–136.

Amendments

2022—Subsec. (a)(1). Puspan. L. 117–263, § 3111(1)(A), inserted “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). Puspan. L. 117–263, § 3111(1)(B), substituted “research and development for the production” for “research and development which could lead to the production”.

Subsec. (span). Puspan. L. 117–263, § 3111(2), added subsec. (span) and struck out former subsec. (span) which related to budget request format.

Subsec. (c). Puspan. 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 manufacturing and engineering, determined by the Secretary to be necessary to address proliferation concerns.”

2018—Subsec. (a)(1). Puspan. L. 115–232 inserted dash after “weapon, the Secretary”, designated remainder of existing provisions as subpar. (A), and added subpar. (B).

2013—Subsec. (d). Puspan. 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). Puspan. L. 111–84, § 3115(1), substituted “necessary to address proliferation concerns.” for “necessary—

“(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). Puspan. 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 replace 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 weapons stockpile.”

Statutory Notes and Related Subsidiaries

Development of Low-Yield Nuclear Weapons; Authorization and Limitation

Puspan. 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.”

Puspan. L. 108–136, div. C, title XXXI, § 3116(c), Nov. 24, 2003, 117 Stat. 1746, as amended by Puspan. L. 115–232, div. C, title XXXI, § 3111(span), Aug. 13, 2018, 132 Stat. 2289, provided that:

“The Secretary of Energy may not commence the engineering development phase, or any subsequent phase, of a low-yield nuclear weapon unless the Secretary specifically requests funding for the development of that weapon pursuant to section 4209(a) of the Atomic Energy Defense Act (50 U.S.C. 2529(a)).”