### §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

It is in the security interest of the United States to sustain the United States nuclear weapons stockpile through a program of stockpile stewardship, carried out at the national security laboratories and nuclear weapons production facilities.

#### (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

In addition to a director of a national security laboratory or a nuclear weapons production facility under section 2533 of this title, any member of the Nuclear Weapons Council may also submit to the President, the Secretary of Defense, the Secretary of Energy, or the congressional defense committees advice or opinion regarding the safety, security, effectiveness, and reliability of the 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

Nothing in paragraph (1)(B) may be construed to affect the interagency budget process.

#### (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.)

#### **Editorial Notes**

#### References in Text

Section 2533 of this title, referred to in subsec. (d), was in the original "section 4213", meaning section 4213 of Pub. L. 107–314, which is classified principally to section 2533 of this title.

#### Codification

Section is comprised of section 4218 of Pub. L. 107–314. Subsecs. (b) and (c) of section 4218 of Pub. L. 107–314 amended section 2533 of this title.

Section was formerly classified to section 7274p of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 112–239.

#### Amendments

2019—Subsec. (d). Pub. L. 116–92, §3139(b)(5)(A), struck out "or the Commander of the United States Strategic Command" after "Nuclear Weapons Council".

Subsec. (e)(1). Pub. L. 116–92, §3139(b)(5)(B), in introductory provisions, substituted "or a member of the Nuclear Weapons Council" for ", a member of the Nuclear Weapons Council, or the Commander of the United States Strategic Command" and "or member" for ", member, or Commander".

2014—Subsec. (d). Pub. L. 113–291, §3142(e)(1), substituted "Commander" for "commander".

Subsec. (e)(1). Pub. L. 113–291, §3142(e)(2), substituted "a representative" for "representatives" in introductory provisions.

2013—Subsec. (a). Pub. L. 113–66, §3146(c)(10)(A), (B), redesignated subsec. (b) as (a) and struck out former subsec. (a), which related to congressional findings concerning safety and reliability of the nuclear weapons stockpile.

Subsec. (a)(9). Pub. L. 112–239, §3164(b)(1), (3), substituted "national security laboratories" for "nuclear weapons laboratories" and "nuclear weapons production facilities" for "nuclear weapons production plants".

Subsec. (a)(11). Pub. L. 112–239, §3164(b)(1), substituted "national security laboratories" for "nuclear weapons laboratories".

Subsec. (b). Pub. L. 113–66, §3146(c)(10)(B), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).

Subsec. (b)(2). Pub. L. 112–239, §3164(b)(1), (3), substituted "national security laboratories" for "nuclear weapons laboratories" and "nuclear weapons production facilities" for "nuclear weapons production plants".

Subsec. (c). Pub. L. 113–66, §3146(c)(10)(B), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 113–66, §3146(c)(10)(B), (C), redesignated subsec. (e) as (d) and substituted "under section 2533 of this title" for "(under section 3159 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 42 U.S.C. 7274o))". Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 113–66, §3146(c)(10)(B), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Pub. L. 113–66, §3146(a)(2)(D)(i), struck out "Joint" before "Nuclear Weapons Council".

Pub. L. 112–239, §3164(b)(2), (4), substituted "national security laboratory" for "nuclear weapons laboratory" and "nuclear weapons production facility" for "nuclear weapons production plant".

Subsec. (f). Pub. L. 113–66, §3146(c)(10)(B), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Pub. L. 112–239, §3164(a)(4), amended subsec. (f) generally. Prior to amendment, text read as follows: "A representative of the President may not take any action against, or otherwise constrain, a director of a nuclear weapons laboratory or a nuclear weapons production plant, a member of the Joint Nuclear Weapons Council, or the Commander of United States Strategic Command for presenting individual views to the President, the National Security Council, or Congress regarding the safety, security, effectiveness, and reliability of the nuclear weapons stockpile."

Subsec. (f)(1). Pub. L. 113–66, §3146(a)(2)(D)(ii), struck out "established under section 179 of title 10" after "Nuclear Weapons Council" in introductory provisions.

Subsec. (g). Pub. L. 113–66, §3146(c)(10)(B), redesignated subsec. (g) as (f).

Pub. L. 112–239, §3164(b)(5), amended subsec. (g) generally. Prior to amendment, subsec. (g) set out definitions.

#### **Statutory Notes and Related Subsidiaries**

#### Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the advanced scientific computing research program and activities at Lawrence Livermore National Laboratory, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, see sections 183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

All national security functions and activities performed immediately before Oct. 5, 1999, by nuclear weapons laboratories and production plants defined in this section, transferred to the Administrator for Nuclear Security of the National Nuclear Security Administration of the Department of Energy, see section 2481 of this title.