50 USC 2538 - Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile

U.S Code last checked for updates: Nov 23, 2024

§ 2538.

Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile

(a)

Policy

(1)

In general

It is the policy of the United States—

(A)

to maintain a safe, secure, effective, and reliable nuclear weapons stockpile; and

(B)

as long as other nations control or actively seek to acquire nuclear weapons, to retain a credible nuclear deterrent.

(2)

Nuclear weapons stockpile

(3)

Sense of Congress

It is the sense of Congress that—

(A)

the United States should retain a triad of strategic nuclear forces sufficient to deter any future hostile foreign leadership with access to strategic nuclear forces from acting against the vital interests of the United States;

(B)

the United States should continue to maintain nuclear forces of sufficient size and capability to implement an effective and robust deterrent strategy; and

(C)

the advice of the persons required to provide the President and Congress with assurances of the safety, security, effectiveness, and reliability of the nuclear weapons force should be scientifically based, without regard for politics, and of the highest quality and integrity.

(b)

, (c) Omitted

(d)

Advice and opinions regarding nuclear weapons stockpile

(e)

Expression of individual views

(1)

In general

No individual, including a representative of the President, may take any action against, or otherwise constrain, a director of a national security laboratory or a nuclear weapons production facility or a member of the Nuclear Weapons Council from presenting the professional views of the director or member, as the case may be, to the President, the National Security Council, or Congress regarding—

(A)

the safety, security, reliability, or credibility of the nuclear weapons stockpile and nuclear forces; or

(B)

the status of, and plans for, the capabilities and infrastructure that support and sustain the nuclear weapons stockpile and nuclear forces.

(2)

Construction

(f)

Representative of the President defined

In this section, the term “representative of the President” means the following:

(1)

Any official of the Department of Defense or the Department of Energy who is appointed by the President and confirmed by the Senate.

(2)

Any member or official of the National Security Council.

(3)

Any member or official of the Joint Chiefs of Staff.

(4)

Any official of the Office of Management and Budget.

(Pub. L. 107–314, div. D, title XLII, § 4218, formerly Pub. L. 105–85, div. A, title XIII, § 1305, Nov. 18, 1997, 111 Stat. 1952, renumbered Pub. L. 107–314, div. D, title XLII, § 4218, and amended Pub. L. 112–239, div. C, title XXXI, § 3164(a), (b), Jan. 2, 2013, 126 Stat. 2206; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(D), (c)(10), Dec. 26, 2013, 127 Stat. 1072, 1075; Pub. L. 113–291, div. C, title XXXI, § 3142(e), Dec. 19, 2014, 128 Stat. 3900; Pub. L. 116–92, div. C, title XXXI, § 3139(b)(5), Dec. 20, 2019, 133 Stat. 1963.)

cite as: 50 USC 2538