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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2013 · Sec. 3133

Sec. 3133. CONSOLIDATED REPORTING REQUIREMENTS RELATING TO NUCLEAR STOCKPILE STEWARDSHIP, MANAGEMENT, AND INFRASTRUCTURE

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## SEC. 3133 CONSOLIDATED REPORTING REQUIREMENTS RELATING TO NUCLEAR STOCKPILE STEWARDSHIP, MANAGEMENT, AND INFRASTRUCTURE ###
(a)Consolidated Plan for Stewardship, Management, and Certification of Warheads in the Nuclear Weapons Stockpile ####
(1)In general Section 4203 of the Atomic Energy Defense Act (50 U.S.C. 2523) is amended to read as follows: > > ## “SEC. 4203 NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, MANAGEMENT, AND INFRASTRUCTURE PLAN > > > ### “(a) Plan Requirement > > The Administrator, in consultation with the Secretary of Defense and other appropriate officials of the departments and agencies of the Federal Government, shall develop and annually update a plan for sustaining the nuclear weapons stockpile. The plan shall cover, at a minimum, stockpile stewardship, stockpile management, stockpile surveillance, program direction, infrastructure modernization, human capital, and nuclear test readiness. The plan shall be consistent with the programmatic and technical requirements of the most recent annual Nuclear Weapons Stockpile Memorandum. > > > ### “(b) Submissions to Congress > > > ####
(1)> > In accordance with subsection (c), not later than March 15 of each even-numbered year, the Administrator shall submit to the congressional defense committees a summary of the plan developed under subsection (a). > > > #### “(2) > > In accordance with subsection (d), not later than March 15 of each odd-numbered year, the Administrator shall submit to the congressional defense committees a detailed report on the plan developed under subsection (a). > > > #### “(3) > > The summaries and reports required by this subsection shall be submitted in unclassified form, but may include a classified annex. > > > ### “(c) Elements of Biennial Plan Summary > > Each summary of the plan submitted under subsection (b)(1) shall include, at a minimum, the following: > > > #### “(1) > > A summary of the status of the nuclear weapons stockpile, including the number and age of warheads (including both active and inactive) for each warhead type. > > > #### “(2) > > A summary of the status, plans, budgets, and schedules for warhead life extension programs and any other programs to modify, update, or replace warhead types. > > > #### “(3) > > A summary of the methods and information used to determine that the nuclear weapons stockpile is safe and reliable, as well as the relationship of science-based tools to the collection and interpretation of such information. > > > #### “(4) > > A summary of the status of the nuclear security enterprise, including programs and plans for infrastructure modernization and retention of human capital, as well as associated budgets and schedules. > > > #### “(5) > > Identification of any modifications or updates to the plan since the previous summary or detailed report was submitted under subsection (b). > > > #### “(6) > > Such other information as the Administrator considers appropriate. > > > ### “(d) Elements of Biennial Detailed Report > > Each detailed report on the plan submitted under subsection (b)(2) shall include, at a minimum, the following: > > > #### “(1) > > With respect to stockpile stewardship and management— > > > ##### “(A) > > the status of the nuclear weapons stockpile, including the number and age of warheads (including both active and inactive) for each warhead type; > > > ##### “(B) > > for each five-year period occurring during the period beginning on the date of the report and ending on the date that is 20 years after the date of the report— > > > ###### “(i) > > the planned number of nuclear warheads (including active and inactive) for each warhead type in the nuclear weapons stockpile; and > > > ###### “(ii) > > the past and projected future total lifecycle cost of each type of nuclear weapon; > > > ##### “(C) > > the status, plans, budgets, and schedules for warhead life extension programs and any other programs to modify, update, or replace warhead types; > > > ##### “(D) > > a description of the process by which the Administrator assesses the lifetimes, and requirements for life extension or replacement, of the nuclear and non-nuclear components of the warheads (including active and inactive warheads) in the nuclear weapons stockpile; > > > ##### “(E) > > a description of the process used in recertifying the safety, security, and reliability of each warhead type in the nuclear weapons stockpile; > > > ##### “(F) > > any concerns of the Administrator that would affect the ability of the Administrator to recertify the safety, security, or reliability of warheads in the nuclear weapons stockpile (including active and inactive warheads); > > > ##### “(G) > > mechanisms to provide for the manufacture, maintenance, and modernization of each warhead type in the nuclear weapons stockpile, as needed; > > > ##### “(H) > > mechanisms to expedite the collection of information necessary for carrying out the stockpile management program required by section 4204, including information relating to the aging of materials and components, new manufacturing techniques, and the replacement or substitution of materials; > > > ##### “(I) > > mechanisms to ensure the appropriate assignment of roles and missions for each national security laboratory and nuclear weapons production facility, including mechanisms for allocation of workload, mechanisms to ensure the carrying out of appropriate modernization activities, and mechanisms to ensure the retention of skilled personnel; > > > ##### “(J) > > mechanisms to ensure that each national security laboratory has full and complete access to all weapons data to enable a rigorous peer-review process to support the annual assessment of the condition of the nuclear weapons stockpile required under section 4205; > > > ##### “(K) > > mechanisms for allocating funds for activities under the stockpile management program required by section 4204, including allocations of funds by weapon type and facility; and > > > ##### “(L) > > for each of the five fiscal years following the fiscal year in which the report is submitted, an identification of the funds needed to carry out the program required under section 4204. > > > #### “(2) > > With respect to science-based tools— > > > ##### “(A) > > a description of the information needed to determine that the nuclear weapons stockpile is safe and reliable; > > > ##### “(B) > > for each science-based tool used to collect information described in subparagraph (A), the relationship between such tool and such information and the effectiveness of such tool in providing such information based on the criteria developed pursuant to section 4202(a); and > > > ##### “(C) > > the criteria developed under section 4202(a) (including any updates to such criteria). > > > #### “(3) > > An assessment of the stockpile stewardship program under section 4201 by the Administrator, in consultation with the directors of the national security laboratories, which shall set forth— > > > ##### “(A) > > an identification and description of— > > > ###### “(i) > > any key technical challenges to the stockpile stewardship program; and > > > ###### “(ii) > > the strategies to address such challenges without the use of nuclear testing; > > > ##### “(B) > > a strategy for using the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory to ensure that the nuclear weapons stockpile is safe, secure, and reliable without the use of nuclear testing; > > > ##### “(C) > > an assessment of the science-based tools (including advanced simulation and computing capabilities) of each national security laboratory that exist at the time of the assessment compared with the science-based tools expected to exist during the period covered by the future-years nuclear security program; and > > > ##### “(D) > > an assessment of the core scientific and technical competencies required to achieve the objectives of the stockpile stewardship program and other weapons activities and weapons-related activities of the Administration, including— > > > ###### “(i) > > the number of scientists, engineers, and technicians, by discipline, required to maintain such competencies; and > > > ###### “(ii) > > a description of any shortage of such individuals that exists at the time of the assessment compared with any shortage expected to exist during the period covered by the future-years nuclear security program. > > > #### “(4) > > With respect to the nuclear security infrastructure— > > > ##### “(A) > > a description of the modernization and refurbishment measures the Administrator determines necessary to meet the requirements prescribed in— > > > ###### “(i) > > the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 (50 U.S.C. 404a) if such strategy has been submitted as of the date of the plan; > > > ###### “(ii) > > the most recent quadrennial defense review if such strategy has not been submitted as of the date of the plan; and > > > ###### “(iii) > > the most recent Nuclear Posture Review as of the date of the plan; > > > ##### “(B) > > a schedule for implementing the measures described under subparagraph
(A)during the 10-year period following the date of the plan; and > > > ##### “(C) > > the estimated levels of annual funds the Administrator determines necessary to carry out the measures described under subparagraph (A), including a discussion of the criteria, evidence, and strategies on which such estimated levels of annual funds are based. > > > #### “(5) > > With respect to the nuclear test readiness of the United States— > > > ##### “(A) > > an estimate of the period of time that would be necessary for the Administrator to conduct an underground test of a nuclear weapon once directed by the President to conduct such a test; > > > ##### “(B) > > a description of the level of test readiness that the Administrator, in consultation with the Secretary of Defense, determines to be appropriate; > > > ##### “(C) > > a list and description of the workforce skills and capabilities that are essential to carrying out an underground nuclear test at the Nevada National Security Site; > > > ##### “(D) > > a list and description of the infrastructure and physical plants that are essential to carrying out an underground nuclear test at the Nevada National Security Site; and > > > ##### “(E) > > an assessment of the readiness status of the skills and capabilities described in subparagraph
(C)and the infrastructure and physical plants described in subparagraph (D). > > > #### “(6) > > Identification of any modifications or updates to the plan since the previous summary or detailed report was submitted under subsection (b). > > > ### “(e) Nuclear Weapons Council Assessment > > > ####
(1)> > For each detailed report on the plan submitted under subsection (b)(2), the Nuclear Weapons Council established by section 179 of title 10, United States Code, shall conduct an assessment that includes the following: > > > ##### “(A) > > An analysis of the plan, including— > > > ###### “(i) > > whether the plan supports the requirements of the national security strategy of the United States or the most recent quadrennial defense review, as applicable under subsection (d)(4)(A), and the Nuclear Posture Review; and > > > ###### “(ii) > > whether the modernization and refurbishment measures described under subparagraph
(A)of subsection (d)(4) and the schedule described under subparagraph
(B)of such subsection are adequate to support such requirements. > > > ##### “(B) > > An analysis of whether the plan adequately addresses the requirements for infrastructure recapitalization of the facilities of the nuclear security enterprise. > > > ##### “(C) > > If the Nuclear Weapons Council determines that the plan does not adequately support modernization and refurbishment requirements under subparagraph
(A)or the nuclear security enterprise facilities infrastructure recapitalization requirements under subparagraph (B), a risk assessment with respect to— > > > ###### “(i) > > supporting the annual certification of the nuclear weapons stockpile; and > > > ###### “(ii) > > maintaining the long-term safety, security, and reliability of the nuclear weapons stockpile. > > > #### “(2) > > Not later than 180 days after the date on which the Administrator submits the plan under subsection (b)(2), the Nuclear Weapons Council shall submit to the congressional defense committees a report detailing the assessment required under paragraph (1). > > > ### “(f) Definitions > > In this section: > > > #### “(1) > > The term ‘budget’, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31, United States Code. > > > #### “(2) > > The term ‘future-years nuclear security program’ means the program required by section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453). > > > #### “(3) > > The term ‘nuclear security budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Administrator in support of the budget for that fiscal year. > > > #### “(4) > > 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, United States Code. > > > #### “(5) > > The term ‘weapons activities’ means each activity within the budget category of weapons activities in the budget of the Administration. > > > #### “(6) > > The term ‘weapons-related activities’ means each activity under the Department of Energy that involves nuclear weapons, nuclear weapons technology, or fissile or radioactive materials, including activities related to— > > > ##### “(A) > > nuclear nonproliferation; > > > ##### “(B) > > nuclear forensics; > > > ##### “(C) > > nuclear intelligence; > > > ##### “(D) > > nuclear safety; and > > > ##### “(E) > > nuclear incident response.” > . ####
(2)Clerical amendment The table of contents at the beginning of the Atomic Energy Defense Act is amended by striking the item relating to section 4203 and inserting the following new item:" “Sec. 4203. Nuclear weapons stockpile stewardship, management, and infrastructure plan.” ". ###
(b)Repeal of Requirement for Biennial Report on Stockpile Stewardship Criteria ####
(1)In general Section 4202 of the Atomic Energy Defense Act (50 U.S.C. 2522) is amended by striking subsections
(c)and (d). ####
(2)Technical amendment The heading of such section is amended to read as follows: “stockpile stewardship criteria”. ####
(3)Clerical amendment The table of contents at the beginning of the Atomic Energy Defense Act is amended by striking the item relating to section 4202 and inserting the following new item:" “Sec. 4202. Stockpile stewardship criteria.” ". ###
(c)Repeal of Requirement for Biennial Plan on Modernization and Refurbishment of the Nuclear Security Complex ####
(1)In general **[**[50 U.S.C. 2523a](/us/usc/t50/s2523a)**]** Section 4203A of the Atomic Energy Defense Act (50 U.S.C. 2523A) is repealed. ####
(2)Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4203A. ###
(d)Repeal of Requirement for Annual Update to Stockpile Management Program Plan Section 4204 of the Atomic Energy Defense Act (50 U.S.C. 2524) is amended— ####
(1)in subsection (b)(2)(B), by striking “nuclear complex” and inserting “nuclear security enterprise”; ####
(2)by striking subsections
(c)and (d); and ####
(3)by redesignating subsection
(e)as subsection (c). ###
(e)Repeal of Requirement for Reports on Nuclear Test Readiness ####
(1)AEDA #####
(A)In general Section 4208 of the Atomic Energy Defense Act (50 U.S.C. 2528) is repealed. #####
(B)Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4208. ####
(2)NDAA fiscal year 1996 **[**[50 U.S.C. 2528](/us/usc/t50/s2528)**]** Section 3152 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 623) is repealed.
Connectionstraces to 5
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  • 50 USC 2523
  • 50 USC 2522
  • 50 USC 2523A
  • Pub. L. 104-106
  • 110 Stat. 623
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cites case law
Sec. 3133
CONSOLIDATED REPORTING REQUIREMENTS RELATING TO NUCLEAR STOCKPILE STEWARDSHIP, MANAGEMENT, AND INFRASTRUCTURE
Cite50 USC 2523
Cite50 USC 2522
Cite50 USC 2523A
Pub. L.Pub. L. 104-106
Stat.110 Stat. 623
Cites 10Cited by 0 across 0 sources
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