Pub. L. 102-377, tit. V, sec. 507

Sec. 507. (a) Hereafter, funds made available by this Act or any other Act for fiscal year 1993 or for any other fiscal year may be available for conducting a test of a nuclear explosive device only if the conduct of that test is permitted in accordance with the provisions of this section. (b) No underground test of a nuclear weapon may be conducted by the United States after September 30, 1992, and before July 1, 1993. (c) On and after July 1, 1993, and before January 1, 1997, an underground test of a nuclear weapon may be conducted by the United States— (1) only if— (A) the President has submitted the annual report required under subsection (d); (B) 90 days have elapsed after the submittal of that report in accordance with that subsection; and (C) Congress has not agreed to a joint resolution described in subsection (d)(3) within that 90-day period; and (2) only if the test is conducted during the period covered by the report. (d) (1) Not later than March 1, of each year beginning after 1992, the President shall submit to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, in classified and unclassified forms, a report containing the following matters: (A) A schedule for resumption of the Nuclear Testing Talks with Russia. (B) A plan for achieving a multilateral comprehensive ban on the testing of nuclear weapons on or before September 30, 1996. (C) An assessment of the number and type of nuclear warheads that will remain in the United States stockpile of active nuclear weapons on September 30, 1996. 106 STAT. 1344 (D) For each fiscal year after fiscal year 1992, an assessment of the number and type of nuclear warheads that will remain in the United States stockpile of nuclear weapons and that— (i) will not be in the United States stockpile of active nuclear weapons; (ii) will remain under the control of the Department of Defense; and (iii) will not be transferred to the Department of Energy for dismantlement. (E) A description of the safety features of each warhead that is covered by an assessment referred to in subparagraph (C) or(D). (F) A plan for installing one or more modern safety features in each warhead identified in the assessment referred to in subparagraph (C), as determined after an analysis of the costs and benefits of installing such feature or features in the warhead, should have one or more of such features. (G) An assessment of the number and type of nuclear weapons tests, not to exceed 5 tests in any period covered by an annual report under this paragraph and a total of 15 tests in the 4-fiscal year period beginning with fiscal year 1993, that are necessary in order to ensure the safety of each nuclear warhead in which one or more modern safety features are installed pursuant to the plan referred to in subparagraph (F). (H) A schedule, in accordance with subparagraph (G), for conducting at the Nevada test site, each of the tests enumerated in the assessment pursuant to subparagraph (G). (2) The first annual report shall cover the period beginning on the date on which a resumption of testing of nuclear weapons is permitted under subsection (c) and ending on September 30, 1994. Each annual report thereafter shall cover the fiscal year following the fiscal year in which the report is submitted. (3) For the purposes of paragraph (1), “joint resolution” means only a joint resolution introduced after the date on which the Committees referred to in that paragraph receive the report required by that paragraph the matter after the resolving clause of which is as follows: “The Congress disapproves the report of the President on nuclear weapons testing, dated.” (the blank space being appropriately filled in). (4) No report is required under this subsection after 1996. (e) (1) Except as provided in paragraphs (2) and (3), during a period covered by an annual report submitted pursuant to subsection (d), nuclear weapons may be tested only as follows: (A) Only those nuclear explosive devices in which modem safety features have been installed pursuant to the plan referred to in subsection (d)(1)(F) may be tested. (B) Only the number and types of tests specified in the report pursuant to subsection (d)(l)(G) may be conducted. (2) (A) One test of the reliability of a nuclear weapon other than one referred to in paragraph (1)(A) may be conducted during any period covered by an annual report, but only if— (i) within the first 60 days after the beginning of that period, the President certifies to Congress that it is vital to the national security interests of the United States to test the reliability of such a nuclear weapon; and 106 STAT. 1345 (ii) within the 60-day period beginning on the date that Congress receives the certification, Congress does not agree to a joint resolution described in subparagraph (B). (B) For the purposes of subparagraph (A), “joint resolution” means only a joint resolution introduced after the date on which the Congress receives the certification referred to in that subparagraph the matter after the resolving clause of which is as follows: “The Congress disapproves the testing of a nuclear weapon covered by the certification of the President dated.” (the blank space being appropriately filled in). (3) The President may authorize the United Kingdom to conduct in the United States, within a period covered by an annual report, one test of a nuclear weapon if the President determines that it is in the national interests of the United States to do so. Such a test shall be considered as one of the tests within the maximum number of tests that the United States is permitted to conduct during that period under paragraph (1)(B). (f) No underground test of nuclear weapons may be conducted by the United States after September 30, 1996, unless a foreign state conducts a nuclear test after this date, at which time the prohibition on United States nuclear testing is lifted. (g) In the computation of the 90-day period referred to in subsection (c)(1) and the 60-day period referred to in subsection (e)(2)(A)(ii), the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded. (h) In this section, the term “modem safety feature” means any of the following features: (1) An insensitive high explosive (IHE). (2) Fire resistant pits (FRP). (3) An enhanced detonation safety (ENDS) system.