Sec. 1632. Role of Nuclear Weapons Council with respect to performance requirements and budget for nuclear weapons programs

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Section 179(d) of title 10, United States Code, is amended— by redesignating paragraphs

(9)through

(11)as paragraphs

(10)through (12), respectively; and by inserting after paragraph

(8)the following new paragraph (9): Reviewing proposed capabilities, and establishing and validating performance requirements (as defined in section 181(h) of this title), for nuclear warhead programs. . Subtitle A of title XVII of the Atomic Energy Defense Act ( 50 U.S.C. 2741 et seq.) is amended by adding at the end the following new section: The Secretary of Energy shall transmit to the Nuclear Weapons Council (in this section referred to as the Council ) a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under section 1105(a) of title 31, United States Code. The Council shall review each budget request transmitted to the Council under paragraph (1). If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph

(1)is inadequate, in whole or in part, to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year, the Council shall submit to the Secretary of Energy a written description of funding levels and specific initiatives that would, in the determination of the Council, make the budget request adequate to implement those objectives. If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph

(1)is adequate to implement the objectives described in clause

(i)for that fiscal year, the Council shall submit to the Secretary of Energy a written statement confirming the adequacy of the request. The Council shall maintain a record of each description submitted under clause

(i)and each statement submitted under clause (ii). If the Council submits to the Secretary of Energy a written description under paragraph (2)(B)(i) with respect to the budget request of the Administration for a fiscal year, the Secretary shall include as an appendix to the budget request submitted to the Director of the Office of Management and Budget— the funding levels and initiatives identified in the description under paragraph (2)(B)(i); and any additional comments the Secretary considers appropriate. The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a copy of the appendix described in subparagraph (A). At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President, the Secretary shall transmit a copy of the budget request of the Department to the Council. The Council shall— review the budget request transmitted to the Council under paragraph (1); based on the review under subparagraph (A), make a determination with respect to whether the budget request includes the funding levels and initiatives described in subsection (a)(2)(B)(i); and submit to Congress— a certification that the budget request is adequate to implement the objectives described in subsection (a)(2)(B)(i); or a statement that the budget request is not adequate to implement those objectives; and a copy of the written description submitted by the Council to the Secretary under subsection (a)(2)(B)(i), if any. . The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4716 the following new item: Sec. 4717. Review of adequacy of nuclear weapons budget. .

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50 USC 2741

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Sec. 1632

Role of Nuclear Weapons Council with respect to performance requirements and budget for nuclear weapons programs

Cite50 USC 2741

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