Sec. 1641. PREPARATION OF ANNUAL BUDGET REQUEST REGARDING NUCLEAR WEAPONS
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## SEC. 1641 PREPARATION OF ANNUAL BUDGET REQUEST REGARDING NUCLEAR WEAPONS Section 179(f) of title 10, United States Code, is amended by adding at the end the following new paragraphs: > > #### “(3) > > > #####
(A)> > With respect to the preparation of a budget for a fiscal year to be submitted by the President to Congress under section 1105(a) of title 31, the Secretary of Defense may not agree to a proposed transfer of estimated nuclear budget request authority unless the Secretary of Defense submits to the congressional defense committees a report described in subparagraph (B). > > > ##### “(B) > > A report described in this subparagraph is a report that includes the following: > > > ###### “(i) > > Except as provided by subparagraph (C), certification that, during the fiscal year prior to the fiscal year covered by the budget for which the report is submitted, the Secretary of Energy obligated or expended any amounts covered by a proposed transfer of estimated nuclear budget request authority made for such prior fiscal year in a manner consistent with a memorandum of agreement that was developed by the Nuclear Weapons Council and entered into by the Secretary of Defense and the Secretary of Energy. > > > ###### “(ii) > > A detailed assessment by the Nuclear Weapons Council regarding how the Administrator for Nuclear Security implemented any agreements and decisions of the Council made during such prior fiscal year. > > > ###### “(iii) > > An assessment from each of the Chairman of the Joints Chiefs of Staff and the Commander of the United States Strategic Command regarding any effects to the military during such prior fiscal year that were caused by the delay or failure of the Administrator to implement any agreements or decisions described in clause (ii). > > > ##### “(C) > > With respect to a report described in subparagraph (B), the Secretary may waive the requirement to include the certification described in clause
(i)of such subparagraph if the Secretary— > > > ###### “(i) > > determines that such waiver is in the national security interests of the United States; and > > > ###### “(ii) > > instead of the certification described in such clause (i), includes as part of such report— > > > ###### “(I) > > a copy of the agreement that the Secretary has entered into with the Secretary of Energy regarding the manner and the purpose for which the Secretary of Energy will obligate or expend any amounts covered by a proposed transfer of estimated nuclear budget request authority for the fiscal year covered by the budget for which such report is submitted; and > > > ###### “(II) > > an explanation for why the Secretary did not include such certification in such report. > > > #### “(4) > > The Secretary of Defense shall include with the defense budget materials for a fiscal year the memorandum of agreement described in subparagraph (B)(i) of paragraph (3), or the agreement described in subparagraph
(C)of such paragraph, as the case may be, that covers such fiscal year. > > > #### “(5) > > > #####
(A)> > Not later than 30 days after the President submits to Congress the budget for a fiscal year under section 1105(a) of title 31, the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff an assessment of— > > > ###### “(i) > > whether such budget allows the Federal Government to meet the nuclear stockpile and stockpile stewardship program requirements during the fiscal year covered by the budget and the four subsequent fiscal years; and > > > ###### “(ii) > > if the Commander determines that such budget does not allow the Federal Government to meet such requirements, a description of the steps being taken to meet such requirements. > > > ##### “(B) > > Not later than 30 days after the date on which the Chairman of the Joint Chiefs of Staff receives the assessment of the Commander of the United States Strategic Command under subparagraph (A), the Chairman shall submit to the congressional defense committees— > > > ###### “(i) > > such assessment as it was submitted to the Chairman; and > > > ###### “(ii) > > any comments of the Chairman. > > > #### “(6) > > In this subsection: > > > ##### “(A) > > The term ‘budget’ has the meaning given that term in section 231(f) of this title. > > > ##### “(B) > > The term ‘defense budget materials’ has the meaning given that term in section 231(f) of this title. > > > ##### “(C) > > The term ‘proposed transfer of estimated nuclear budget request authority’ means, in preparing a budget, a request for the Secretary of Defense to transfer an estimated amount of the proposed budget authority of the Secretary to the Secretary of Energy for purposes relating to nuclear weapons.” > .