Requirement for Request for Funds for Development .—
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—
section 1105(a) of title 31 shall specifically request funds for such activities in the budget of the President for that fiscal year under ; and
42 U.S.C. 7270 may carry out such activities only if amounts are authorized to be appropriated for such activities by an Act of Congress consistent with section 660 of the Department of Energy Organization Act ().
The activities described in this paragraph are as follows:
The conduct, or provision for conduct, of research and development for the production of a new nuclear weapon by the United States.
The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a new nuclear weapon by the United States.
The conduct, or provision for conduct, of research and development for the production of a modified nuclear weapon by the United States.
The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a modified nuclear weapon by the United States.
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 acquisition process.
Notification and Briefing of Noncovered Activities .—
section 1105 of title 31In any fiscal year after fiscal year 2022, the Secretary of Energy, acting through the Administrator, in conjunction with the annual submission of the budget of the President to Congress pursuant to , shall notify the congressional defense committees of—
any activities described in subsection (a)(2) relating to the development of a new nuclear 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
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 described in subsection (a)(2) relating to the development of a new nuclear weapon or modified nuclear weapon during the fiscal year covered by that budget.
Definitions .—
In this section:
The term “modified nuclear weapon” means a nuclear weapon that contains a pit or canned subassembly, either of which—
is in the nuclear weapons stockpile as of ; and
is being modified in order to meet a military requirement that is other than the military requirements applicable to such nuclear weapon when first placed in the nuclear weapons stockpile.
The term “new nuclear weapon” means a nuclear weapon that contains a pit or canned subassembly, either of which is neither—
in the nuclear weapons stockpile on ; nor
in production as of that date.
Pub. L. 119–60, div. C, title XXXI, § 3111(a)139 Stat. 1357(Added and amended , (d)(2)(B), , , 1462.)
Editorial Notes
Prior Provisions
section 2529 of Title 50Pub. L. 119–60, § 3111(b)(1)Provisions similar to those in this section were contained in , War and National Defense, prior to repeal by .
Amendments
Pub. L. 119–60, § 3111(d)(2)(B)2025—, realigned margins.
Statutory Notes and Related Subsidiaries
Development of Low-Yield Nuclear Weapons; Authorization and Limitation
Pub. L. 115–232, div. C, title XXXI, § 3111(a)132 Stat. 2289
“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.”
, , , provided that:
Pub. L. 108–136, div. C, title XXXI, § 3116(c)117 Stat. 1746Pub. L. 115–232, div. C, title XXXI, § 3111(b)132 Stat. 2289Pub. L. 119–60, div. C, title XXXI, § 3111(c)(2)(I)139 Stat. 1461
section 6120 of title 10“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 , United States Code.”
, , , as amended by , , ; , , , provided that: