50 USC § 2523b - Nuclear force reductions

(a) Implementation of New START Treaty

(1) Sense of Congress

It is the Sense of Congress that—

(A) the United States is committed to maintaining a safe, secure, reliable, and credible nuclear deterrent;

(B) the United States should undertake and support an enduring stockpile stewardship program and maintain and modernize nuclear weapons production capabilities and capacities to ensure the safety, security, reliability, and credibility of the United States nuclear deterrent and to meet requirements for hedging against possible international developments or technical problems;

(C) the United States should maintain nuclear weapons laboratories and plants and preserve the intellectual infrastructure, including competencies and skill sets; and

(D) the United States should provide the necessary resources to achieve these goals, using as a starting point the levels set forth in the President’s 10-year plan provided to Congress pursuant to section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549).

(2) Report

If the President determines that an appropriations Act is enacted that fails to meet the resource requirements set forth in the plan referred to in section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549), or, if at any time, determines that more resources are required to carry out such plan than were estimated, the President shall submit to Congress, within 60 days of making such a determination, a report detailing—

(A) a plan to address the resource shortfall;

(B) if more resources are required to carry out the plan than were estimated, the level of funding needed, and a detailed explanation of the purpose or purposes for which the additional resources will be used;

(C) any effects on the safety, security, reliability, or credibility of United States nuclear forces due to the shortfall or the identified additional resources required; and

(D) an explanation of whether any planned reductions in United States nuclear forces are still in the national interest of the United States in view of the resource shortfall or the identification of additional required resources.

(b) Annual report on the nuclear weapons stockpile of the United States

(1) Sense of Congress

It is the sense of Congress that—

(A) sustained investments in the nuclear weapons stockpile and the nuclear security complex are needed to ensure a safe, secure, reliable, and credible nuclear deterrent; and

(B) such investments could enable additional future reductions in the hedge stockpile.

(2) Report required

Not later than March 1, 2012, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the nuclear weapons stockpile of the United States that includes the following:

(A) An accounting of the weapons in the stockpile as of the end of the fiscal year preceding the submission of the report that includes all weapons in the active and inactive stockpiles, both deployed and non-deployed, and all categories and readiness states of such weapons.

(B) The planned force levels for each category of nuclear weapon over the course of the future-years defense program submitted to Congress under section 221 of title 10 for the fiscal year following the fiscal year in which the report is submitted.

(c) Net assessment of nuclear force levels required with respect to certain proposals to reduce the nuclear weapons stockpile of the United States

(1) In general

If, during any year beginning after December 31, 2011, the President makes a proposal described in subsection (b)— ^[1]

(A) the Commander of United States Strategic Command shall conduct a net assessment of the current and proposed nuclear forces of the United States and of other countries that possess nuclear weapons to determine whether the nuclear forces of the United States are anticipated to be capable of meeting the objectives of the United States with respect to nuclear deterrence, extended deterrence, assurance of allies, and defense;

(B) the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives the assessment described in subparagraph (A), unchanged, together with the explanatory views of the Secretary, as the Secretary deems appropriate; and

(C) the Administrator of the National Nuclear Security Administration shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the current capacities of the United States nuclear weapons infrastructure to respond to a strategic development or technical problem in the United States nuclear weapons stockpile.

(2) Proposal described

(A) In general

Except as provided in subparagraph (B), a proposal described in this paragraph is a proposal to reduce the number of nuclear weapons in the active or inactive stockpiles of the United States to a level that is lower than the level on December 31, 2011.

(B) Exceptions

A proposal described in this paragraph does not include—

(i) reductions that are a direct result of activities associated with routine stockpile stewardship, including stockpile surveillance, logistics, or maintenance; or

(ii) nuclear weapons retired or awaiting dismantlement on December 31, 2011.

(3) Termination

The requirement in paragraph (1) shall terminate on December 31, 2017.

---

[1]  So in original. Probably should be “paragraph (2)—”.

Source

(Pub. L. 112–81, div. A, title X, § 1045,Dec. 31, 2011, 125 Stat. 1577.)

References in Text

Section 1251 of the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (a)(1)(D), (2), is section 1251 ofPub. L. 111–84, which is set out as a note under section 2523 of this title.

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2012, and not as part of the Atomic Energy Defense Act which comprises this chapter.

“Congressional Defense Committees” Defined

Congressional defense committees has the meaning given that term in section 101 (a)(16) of Title 10, Armed Forces, see section 3 ofPub. L. 112–81, Dec. 31, 2011, 125 Stat. 1316. See also note under section 101 of Title 10.