§2523a. Biennial plan on modernization and refurbishment of the nuclear security complex
(a) In general
In each even-numbered year, beginning in 2012, the Administrator for Nuclear Security shall include in the plan for maintaining the nuclear weapons stockpile required by section 2523 of this title a plan for the modernization and refurbishment of the nuclear security complex.
(b) Plan design
(1) In general
The plan required by subsection (a) shall be designed to ensure that the nuclear security complex is capable of supporting the following:
(A) Except as provided in paragraph (2), 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.
(B) The nuclear posture of the United States as set forth in the most recent Nuclear Posture Review.
(2) Exception
If, at the time the plan is submitted under subsection (a), a national security strategy report has not been submitted to Congress under section 404a of this title, the plan required by subsection (a) shall be designed to ensure that the nuclear security complex is capable of supporting the national defense strategy recommended in the report of the most recent Quadrennial Defense Review.
(c) Plan elements
The plan required by subsection (a) shall include the following:
(1) A description of the modernization and refurbishment measures the Administrator determines necessary to meet the requirements of-
(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 or the national defense strategy recommended in the report of the most recent Quadrennial Defense Review, as applicable under subsection (b); and
(B) the Nuclear Posture Review.
(2) A schedule for implementing the measures described in paragraph (1) during the ten years following the date on which the plan for maintaining the nuclear weapons stockpile required by section 2523 of this title and into which the plan required by subsection (a) is incorporated is submitted to Congress under section 2523(c) of this title.
(3) Consistent with the budget justification materials submitted to Congress in support of the Department of Energy budget for the fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), an estimate of the annual funds the Administrator determines necessary to carry out the plan required by subsection (a), including a discussion of the criteria, evidence, and strategies on which the estimate is based.
(d) Form
The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(e) Nuclear Weapons Council assessment
(1) Assessment required
For each plan required by subsection (a), the Nuclear Weapons Council established by section 179 of title 10 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, whichever is applicable under subsection (b), and the Nuclear Posture Review; and
(ii) whether the modernization and refurbishment measures described under paragraph (1) of subsection (c) and the schedule described under paragraph (2) 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 complex.
(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 complex facilities infrastructure recapitalization requirements under subparagraph (B), a risk assessment with respect to-
(i) supporting the annual certification of the nuclear weapons stockpile under section 2523 of this title; and
(ii) maintaining the long-term safety, security, and reliability of the nuclear weapons stockpile.
(2) Report required
Not later than 180 days after the date on which the Administrator submits the plan required by subsection (a), 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 "nuclear security complex" means the physical facilities, technology, and human capital of the following:
(A) The national security laboratories (as defined in section 2471 of this title).
(B) The Kansas City Plant, Kansas City, Missouri.
(C) The Nevada Test Site, Nevada.
(D) The Savannah River Site, Aiken, South Carolina.
(E) The Y-12 National Security Complex, Oak Ridge, Tennessee.
(F) The Pantex Plant, Amarillo, Texas.
(2) 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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