### §2535. Repealed. Pub. L. 117–263, div. C, title XXXI, §3132(a)(1)(A)(i), Dec. 23, 2022, 136 Stat. 3060

Section, Pub. L. 107–314, div. D, title XLII, §4215, as added Pub. L. 112–239, div. C, title XXXI, §3114(a)(1), Jan. 2, 2013, 126 Stat. 2170; amended Pub. L. 113–66, div. C, title XXXI, §3146(c)(9), Dec. 26, 2013, 127 Stat. 1075, related to the replacement project for the Chemistry and Metallurgy Research Building at Los Alamos National Laboratory, New Mexico.

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

#### Alternative Plutonium Strategy; Full Operational Capability of Replacement Project

Pub. L. 112–239, div. C, title XXXI, §3114(c)–(e), Jan. 2, 2013, 126 Stat. 2171, 2172, as amended by Pub. L. 113–66, div. C, title XXXI, §3117, Dec. 26, 2013, 127 Stat. 1058, provided that:

"(c) Limitation on Alternative Plutonium Strategy.—

"(1) Limitation on use of funds.—Except as provided in paragraph (2), no funds authorized to be appropriated by this Act [see Tables for classification] or any other Act may be obligated or expended on any activities associated with a plutonium strategy for the National Nuclear Security Administration that does not include achieving full operational capability of the replacement project by December 31, 2026, as required by section 4215(e) of the Atomic Energy Defense Act [50 U.S.C. 2535(e)], as added by subsection (a).

"(2) Use of funds for modular building strategy.—The Administrator for Nuclear Security may obligate and expend funds referred to in paragraph (1) for activities relating to a modular building strategy on and after the date that is 60 days after the date on which the Nuclear Weapons Council established under section 179 of title 10, United States Code, notifies the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that—

"(A) the modular building strategy—

"(i) meets requirements for maintaining the nuclear weapons stockpile over a 30-year period;

"(ii) meets requirements for implementation of a responsive infrastructure, including meeting plutonium pit production requirements; and

"(iii) will achieve full operating capability for not less than two modular structures by not later than 2027;

"(B) in fiscal year 2015, the National Nuclear Security Administration will begin the process of designing and building modular buildings in accordance with Department of Energy Order 413.3 (relating to relating to program management and project management for the acquisition of capital assets); and

"(C) the Administrator will include the costs of the modular building strategy in the estimated expenditures and proposed appropriations reflected in the future-years nuclear security program submitted under section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453).

"(3) Modular building strategy defined.—In this subsection, the term 'modular building strategy' means an alternative strategy to the replacement project that consists of repurposing existing facilities and constructing a series of modular structures, each of which is fully useable, to complement the function of the plutonium facility (PF–4) at Los Alamos National Laboratory, New Mexico, in accordance with all applicable safety and security standards of the Department of Energy.

"(d) Naval Reactor Study.—

"(1) In general.—The Deputy Administrator for Naval Reactors shall conduct a study of the replacement project, including an analysis of the cost, benefits, and risks with respect to nuclear safety.

"(2) Submission.—Not later than 18 months after the date of the enactment of this Act [Jan. 2, 2013], the Deputy Administrator shall submit to the congressional defense committees a report on the study under paragraph (1), including recommendations of the Deputy Administrator with respect to the project structure, oversight model, and potential cost savings of the replacement project.

"(3) Consideration of recommendations.—In carrying out the replacement project, the Secretary of Energy shall consider the recommendations made by the Deputy Administrator in the report under paragraph (2) and incorporate such recommendations into the project as the Secretary considers appropriate.

"(4) Funding.—The Secretary of Energy and the Deputy Administrator shall carry out this subsection using funds authorized to be appropriated by this Act [see Tables for classification] or otherwise made available for the National Nuclear Security Administration that are not made available for the Naval Nuclear Propulsion Program.

"(e) Replacement Project Defined.—In this section [enacting this section and this note], the term 'replacement project' means the replacement project for the Chemistry and Metallurgy Research Building authorized by section 4215 of the Atomic Energy Defense Act [former 50 U.S.C. 2535], as added by subsection (a)."