Page:United States Statutes at Large Volume 124.djvu/4534

 124 STAT. 4508 PUBLIC LAW 111–383—JAN. 7, 2011 which the plan for maintaining the nuclear weapons stockpile required by section 4203 and into which the plan required by subsection (a) is incorporated is submitted to Congress under section 4203(c). ‘‘(3) Consistent with the budget justification materials sub- mitted 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, United States Code), an estimate of the annual funds the Administrator deter- mines necessary to carry out the plan required by subsection (a), including a discussion of the criteria, evidence, and strate- gies on which the estimate is based. ‘‘(d) FORM.—The plan required by subsection (a) shall be sub- mitted 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, United States Code, 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, which- ever 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 recapitaliza- tion 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 recapital- ization requirements under subparagraph (B), a risk assessment with respect to— ‘‘(i) supporting the annual certification of the nuclear weapons stockpile under section 4203; 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 3281 of the National Nuclear Security Administra- tion Act (50 U.S.C. 2471)). ‘‘(B) The Kansas City Plant, Kansas City, Missouri. ‘‘(C) The Nevada Test Site, Nevada. ‘‘(D) The Savannah River Site, Aiken, South Carolina.