Page:United States Statutes at Large Volume 116 Part 4.djvu/305

 PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2733 of six months, 12 months, 18 months, and 24 months for resumption by the United States of underground nuclear weapons tests. (b) READINESS POSTURE.— For purposes of this section, a readiness posture of a specified number of months for resumption by the United States of underground nuclear weapons tests is achieved when the Department of Energy has the capability to resume such tests, if directed by the President to resume such tests, not later than the specified number of months after the date on which the President so directs. (c) REPORT.— The Secretary shall include with the budget justification materials submitted to Congress in support of the Department of Energy budget for fiscal year 2004 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the plans required by subsection (a). The report shall include— (1) an assessment of the current readiness posture for resumption by the United States of underground nuclear weapons tests; (2) the plans required by subsection (a) and, for each such plan, the estimated cost for implementing such plan and an estimate of the annual cost of maintaining the readiness posture to which the plan relates; and (3) the recommendation of the Secretary, developed in consultation with the Secretary of Defense, as to the optimal readiness posture for resumption by the United States of underground nuclear weapons tests, including the basis for that recommendation. SEC. 3143. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR 42 USC 7271d. MODIFIED NUCLEAR WEAPONS. (a) REQUIREMENT FOR REQUEST FOR FUNDS FOR DEVELOP- MENT.— (1) In any fiscal year after fiscal year 2002 in which the Secretary of Energy plans to carry out activities described in paragraph (2) relating to the development of a new nuclear weapon or modified nuclear weapon, the Secretary shall specifically request funds for such activities in the budget of the President for that fiscal year under section 1105(a) of title 31, United States Code. (2) The activities described in this paragraph are as follows: (A) The conduct, or provision for conduct, of research and development which could lead to the production of a new nuclear weapon by the United States. (B) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a new nuclear weapon by the United States. (C) The conduct, or provision for conduct, of research and development which could lead to the production of a modified nuclear weapon by the United States. (D) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a modified nuclear weapon by the United States. (b) BUDGET REQUEST FORMAT.— The Secretary shall include in a request for funds under subsection (a) the following: (1) In the case of funds for activities described in subparagraph (A) or (C) of subsection (a)(2), a single dedicated line item for all such activities for new nuclear weapons or modified nuclear weapons that are in phase 1, 2, or 2A or phase 6.1, 6.2, or 6.2A (as the case may be), or any concept work prior

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