42 U.S.C. § 7274S
Section 7274s · Transferred
Amended 1 time on record
For each nuclear weapon type in the stockpile of the United States, each official specified in subsection (b) of this section on an annual basis shall, to the extent such official is directly responsible for the safety, reliability, performance, or military effectiveness of that nuclear weapon type, complete an assessment of the safety, reliability, performance, or military effectiveness (as the case may be) of that nuclear weapon type.
The officials referred to in subsection (a) of this section are the following:
(1) The head of each national security laboratory.
(2) The commander of the United States Strategic Command.
The head of each national security laboratory shall establish and use one or more teams of experts, known as “red teams”, to assist in the assessments required by subsection (a) of this section. Each such team shall include experts from both of the other national security laboratories. Each such team for a national security laboratory shall—
(1) review the matters covered by the assessments under subsection (a) of this section performed by the head of that laboratory;
(2) subject such matters to challenge; and
(3) submit the results of such review and challenge, together with the findings and recommendations of such team with respect to such review and challenge, to the head of that laboratory.
Not later than December 1 of each year, each official specified in subsection (b) of this section shall submit to the Secretary concerned, and to the Nuclear Weapons Council, a report on the assessments that such official was required by subsection (a) of this section to complete. The report shall include the following:
(1) The results of each such assessment.
(2)(A) Such official's determination as to whether or not one or more underground nuclear tests are necessary to resolve any issues identified in the assessments and, if so—
(i) an identification of the specific underground nuclear tests that are necessary to resolve such issues; and
(ii) a discussion of why options other than an underground nuclear test are not available or would not resolve such issues.
(B) An identification of the specific underground nuclear tests which, while not necessary, might have value in resolving any such issues and a discussion of the anticipated value of conducting such tests.
(C) Such official's determination as to the readiness of the United States to conduct the underground nuclear tests identified under subparagraphs (A)(i) and (B), if directed by the President to do so.
(3) In the case of a report submitted by the head of a national security laboratory—
(A) a concise statement regarding the adequacy of the science-based tools and methods being used to determine the matters covered by the assessments;
(B) a concise statement regarding the adequacy of the tools and methods employed by the manufacturing infrastructure required by section 3137 of the National Defense Authorization Act for Fiscal Year 1996 (42 U.S.C. 2121 note) to identify and fix any inadequacy with respect to the matters covered by the assessments; and
(C) a concise summary of the findings and recommendations of any teams under subsection (c) of this section that relate to the assessments, together with a discussion of those findings and recommendations.
(4) In the case of a report submitted by the Commander of the United States Strategic Command, a discussion of the relative merits of other nuclear weapon types (if any), or compensatory measures (if any) that could be taken, that could enable accomplishment of the missions of the nuclear weapon types to which the assessments relate, should such assessments identify any deficiency with respect to such nuclear weapon types.
(5) An identification and discussion of any matter having an adverse effect on the capability of the official submitting the report to accurately determine the matters covered by the assessments.
(1) Not later than March 1 of each year, the Secretary of Defense and the Secretary of Energy shall submit to the President—
(A) each report, without change, submitted to either Secretary under subsection (d) of this section during the preceding year;
(B) any comments that the Secretaries individually or jointly consider appropriate with respect to each such report;
(C) the conclusions that the Secretaries individually or jointly reach as to the safety, reliability, performance, and military effectiveness of the nuclear weapons stockpile of the United States; and
(D) any other information that the Secretaries individually or jointly consider appropriate.
(2) Not later than March 15 of each year, the President shall forward to Congress the matters received by the President under paragraph (1) for that year, together with any comments the President considers appropriate.
Each submittal under subsection (e) of this section shall be in classified form only, with the classification level required for each portion of such submittal marked appropriately.
In this section:
(1) The term “national security laboratory” has the meaning given such term in section 2471 of title 50.
(2) The term “Secretary concerned” means—
(A) the Secretary of Energy, with respect to matters concerning the Department of Energy; and
(B) the Secretary of Defense, with respect to matters concerning the Department of Defense.
(1) The first submissions made under subsection (d) of this section shall be the submissions required to be made in 2003.
(2) The first submissions made under subsection (e) of this section shall be the submissions required to be made in 2004.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Section 3137 of the National Defense Authorization Act for Fiscal Year 1996, referred to in subsec. (d)(3)(B), is section 3137 of Pub. L. 104–106, which is set out as a note under section 2121 of this title.
Codification
Section was enacted as part of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, and not as part of the Department of Energy Organization Act which comprises this chapter.