U.S. CODE

U.S. Code

§ 2455. Biennial plan and budget assessment on the modernization and refurbishment of the nuclear security complex

(a) Nuclear security complex modernization and refurbishment plan and assessment

The Administrator for Nuclear Security shall include with the nuclear security budget materials submitted for each odd-numbered fiscal year—

(1) the plan for the modernization and refurbishment of the nuclear security complex described under subsection (b); and

(2) an assessment by the Administrator of whether both the budget for such fiscal year and the future-years nuclear security program submitted to Congress in relation to such budget under section 2453 of this title provide for funding of the nuclear security complex at a level that is sufficient for the modernization and refurbishment of the nuclear security complex in accordance with the plan described under subsection (b).

(b) Plan elements

(1) The plan required under subsection (a)(1) shall be designed so that the nuclear security complex is capable of supporting—

(A) the national security strategy of the United States, as set forth in the most recent national security strategy report of the President under section 404a of this title, except that, if at the time such plan is submitted with the nuclear security budget materials a national security strategy report required under such section 404a has not been submitted to Congress, then such plan shall be designed so that the modernization and refurbishment of the nuclear security complex provided for under such plan is capable of supporting the nuclear security complex recommended in the report of the most recent Quadrennial Defense Review; and

(B) the nuclear posture of the United States as set forth in the most recent Nuclear Posture Review.

(2) The plan required under subsection (a)(1) shall include the following:

(A) A description of the modernization and refurbishment measures the Administrator determines necessary to meet the requirements of the national security strategy of the United States or the most recent Quadrennial Defense Review, whichever is applicable under paragraph (1)(A), and the Nuclear Posture Review.

(B) A schedule for implementing those measures determined necessary under subparagraph (A) during the 10 years following the date of the plan.

(C) The estimated levels of annual funds the Administrator determines necessary to carry out the program, including a discussion of the criteria, evidence, and strategies on which such estimated levels of annual funds are based.

If the Administrator determines a budget request is insufficient for the modernization and refurbishment of the nuclear security complex provided for in the plan required under subsection (a)(1), the Administrator shall include with the nuclear security budget materials for such fiscal year a further assessment that describes and discusses the risks and implications associated with the ability of the nuclear security complex to support the annual certification of the nuclear stockpile of the United States and maintain its long-term safety, security, and reliability. Such assessment shall be coordinated in advance with the Secretary of Defense and the Commander of the United States Strategic Command.

(d) Definitions

In this section:

(1) The term “nuclear security complex” means the physical facilities, technology, and human capital of—

(A) the national security laboratories;

(B) the Pantex Plant;

(D) the Kansas City Plant;

(E) the Savannah River Site; and

(F) the Nevada test site.

(2) 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.

(3) The term “nuclear security budget materials”, with respect to a fiscal year, means the materials submitted to Congress by the Administrator for Nuclear Security 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.

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