Sec. 1633. IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL

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## SEC. 1633 IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL ###

(a)Responsibilities Subsection

(d)of section 179 of title 10, United States Code, is amended— ####

(1)in paragraph (9), by inserting “, in coordination with the Joint Requirements Oversight Council,” after “capabilities, and”; ####

(2)by redesignating paragraphs (10), (11), and

(12)as paragraphs (11), (12), and (13), respectively; ####

(3)by inserting after paragraph

(9)the following new paragraph (10): > > #### “(10) > > With respect to nuclear warheads— > > > ##### “(A) > > reviewing military requirements, performance requirements, and planned delivery schedules to evaluate whether such requirements and schedules create significant risks to cost, schedules, or other matters regarding production, surveillance, research, and other programs relating to nuclear weapons within the National Nuclear Security Administration; and > > > ##### “(B) > > if any such risk exists, proposing and analyzing adjustments to such requirements and schedules.” > ; and ####

(4)by striking paragraph (13), as so redesignated, and inserting the following new paragraph (13): > > #### “(13) > > Coordinating risk management efforts between the Department of Defense and the National Nuclear Security Administration relating to the nuclear weapons stockpile, the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)), and the delivery platforms for nuclear weapons, including with respect to identifying and analyzing risks and proposing actions to mitigate risks.” > . ###

(b)Plans and Budget Subsection

(f)of such section is amended to read as follows: > > ### “(f) Budget and Funding Matters > > > ####

(1)> > The Council shall annually review the plans and budget of the National Nuclear Security Administration and assess whether such plans and budget meet the current and projected requirements relating to nuclear weapons. > > > #### “(2) > > > #####

(A)> > The Council shall review each budget request transmitted by the Secretary of Energy to the Council under section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) and make a determination under subparagraph

(B)regarding the adequacy of each such request. Not later than 30 days after making such a determination, the Council shall notify the congressional defense committees that such a determination has been made. > > > ##### “(B) > > > ######

(i)> > If the Council determines that a budget request for a fiscal year transmitted to the Council under section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) 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. > > > ###### “(ii) > > If the Council determines that a budget request for a fiscal year transmitted to the Council under section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) 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. > > > ###### “(iii) > > The Council shall maintain a record of each description submitted under clause

(i)and each statement submitted under clause (ii). > > > #### “(3) > > 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 Council shall submit to the congressional defense committees a report containing the following: > > > ##### “(A) > > The results of the assessment conducted under paragraph

(1)with respect to that budget. > > > ##### “(B) > > An evaluation of— > > > ###### “(i) > > whether the funding requested for the National Nuclear Security Administration in such budget— > > > ###### “(I) > > enables the Administrator for Nuclear Security to meet requirements relating to nuclear weapons for such fiscal year; and > > > ###### “(II) > > is adequate to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year; and > > > ###### “(ii) > > whether the plans and budget reviewed under paragraph

(1)will enable the Administrator to meet— > > > ###### “(I) > > the requirements to produce war reserve plutonium pits under section 4219(a) of such Act (50 U.S.C. 2538a(a)); and > > > ###### “(II) > > any other requirements under Federal law. > > > ##### “(C) > > If the evaluation under subparagraph (B)(ii) determines that the plans and budget reviewed under paragraph

(1)will not enable the Administrator to meet the requirements to produce war reserve plutonium pits under section 4219(a) of the Atomic Energy Defense Act (50 U.S.C. 2538a(a))— > > > ###### “(i) > > an explanation for why the plans and budget will not enable the Administrator to meet such requirements; and > > > ###### “(ii) > > proposed alternative plans, budget, or requirements by the Council to meet such requirements. > > > #### “(4) > > If a member of the Council does not concur in any assessment or evaluation under this subsection, the report or other information required to be submitted to the congressional defense committees regarding such assessment or evaluation shall include a written explanation from the non-concurring member describing the reasons for the member’s nonconcurrence. > > > #### “(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, the term ‘budget’ has the meaning given that term in section 231(f) of this title.” > . ###

(c)Modification of Budget Review by Nuclear Weapons Council Section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) is amended— ####

(1)in subsection (a)— #####

(A)by striking paragraph

(2)and inserting the following: > > #### “(2) Review > > The Council shall review each budget request transmitted to the Council under paragraph

(1)in accordance with section 179(f) of title 10, United States Code.” > ; and #####

(B)in paragraph (3)(A)— ######

(i)in the matter preceding clause (i), by striking “paragraph (2)(B)(i)” and inserting “section 179(f)(2)(B)(i) of title 10, United States Code,”; and ######

(ii)in clause (i), by striking “the description under paragraph (2)(B)(i)” and inserting “that description”; and ####

(2)in subsection (b)— #####

(A)by striking “Council.—” in the heading and all that follows through “At the time” and inserting “Council.—At the time”; and #####

(B)by striking paragraph (2). ###

(d)Updates on Meetings Section 179(g)(1)(A) of title 10, United States Code, is amended by inserting “and the members who attended each meeting” before the semicolon. ###

(e)Repeal of Termination of Nuclear Weapons Council Certification and Reporting Requirement Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note) is amended by striking paragraph (10).

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