§ 179. Nuclear Weapons Council

• (a) There is a Nuclear Weapons Council (hereinafter in this section referred to as the “Council”) operated as a joint activity of the Department of Defense and the Department of Energy. The Council shall be the primary mechanism for integrating, streamlining, and ensuring unity of purpose and direction for nuclear deterrence related activities within the Department of Defense and the Department of Energy. The membership of the Council is comprised of the following officers of those departments:
  • (1) The Under Secretary of Defense for Acquisition and Sustainment.
  • (2) The Vice Chairman of the Joint Chiefs of Staff.
  • (3) The Under Secretary for Nuclear Security of the Department of Energy.
  • (4) The Under Secretary of Defense for Research and Engineering.
  • (5) The Under Secretary of Defense for Policy.
  • (6) The Commander of the United States Strategic Command.
• (b)
  • (1) Except as provided in paragraph (2), the Chairman of the Council shall be the member designated under subsection (a)(1).
  • (2) A meeting of the Council shall be chaired by the Under Secretary for Nuclear Security of the Department of Energy whenever the matter under consideration is within the primary responsibility or concern of the Department of Energy, as determined by majority vote of the Council.
  • (3) The Council shall meet not less often than once every three months. To the extent possible, not later than seven days before a meeting, the Chairman shall disseminate to each member of the Council the agenda and documents for such meeting.
• (c)
  • (1) The Secretary of Defense and the Secretary of Energy shall enter into an agreement with the Council to furnish necessary staff and administrative services to the Council.
  • (2) The Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs shall be the Staff Director of the Council.
• (d) The Council shall be responsible for the following matters:
  • (1) Overseeing nuclear deterrence activities of the Department of Defense and the National Nuclear Security Administration, including policy and resources, and developing options for adjusting the deterrence posture of the United States in response to evolving international security conditions.
  • (2) Preparing the annual Nuclear Weapons Stockpile Memorandum.
  • (3) Developing nuclear weapons stockpiles options and the costs of such options and alternatives.
  • (4) Coordinating and approving programming and budget matters pertaining to nuclear weapons programs between the Department of Defense and the Department of Energy.
  • (5) Identifying various options for cost-effective schedules for nuclear weapons production.
  • (6) Evaluating safety, security, and control issues for existing weapons and for proposed new weapon program starts and approving adjustments as required.
  • (7) Overseeing the approval of design, performance, and cost tradeoffs for all proposed new nuclear weapons programs.
  • (8) Providing specific guidance regarding priorities for research on—
    • (A) nuclear weapon delivery systems and platforms and priorities on military capability development within the armed forces and the broader Department of Defense; and
    • (B) nuclear weapons and priorities among activities, including production, surveillance, research, construction, and any other programs within the National Nuclear Security Administration.
  • (9) Coordinating and approving activities conducted by the Department of Defense and the Department of Energy for the study, development, production, and retirement of nuclear warheads and weapon systems, including concept definition studies, feasibility studies, engineering development, hardware component fabrication, warhead and weapon system production, and warhead retirement.
  • (10) Reviewing proposed capabilities, and, in coordination with the Joint Requirements Oversight Council, establishing and validating performance requirements (as defined in section 181(h) of this title ), for nuclear warhead and weapon system programs.
  • (11) 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.
  • (12) Preparing comments on annual proposals for budget levels for research on nuclear weapons and related weapon systems supporting nuclear deterrence missions and transmitting those comments to the Secretary of Defense and the Secretary of Energy before the preparation of the annual budget requests by the Secretaries of those departments.
  • (13) Coordinating and approving the annual budget proposals of the National Nuclear Security Administration.
  • (14) Overseeing 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 6101), and the delivery systems and platforms for nuclear weapons, including with respect to identifying and analyzing risks and proposing actions to mitigate risks.
• (e) The Council shall submit to Congress a report on any analysis conducted by the Council with respect to difficulties at nuclear weapons laboratories or nuclear weapons production plants that have significant bearing on confidence in the safety or reliability of nuclear weapons or nuclear weapon types.
• (f)
  • (1) The Council shall annually review the plans and budget of the National Nuclear Security Administration and the military departments to assess whether such plans and budget meet the current and projected requirements relating to nuclear weapons and related weapon systems supporting nuclear deterrence missions.
  • (2)
    • (A) The Council shall review each budget request transmitted by the Secretary of Energy to the Council under section 6289 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 6289 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 6289 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) 1 1 See References in Text note below. 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 6218 2 2 So in original. Probably should be “6128”. —
      • (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) 1 of this title.
• (g)
  • (1) Not later than February 1 and August 1 of each year, the Council shall provide to the congressional defense committees a semiannual update including, with respect to the six-month period preceding the update—
    • (A) the dates on which the Council met and the members who attended each meeting; and
    • (B) except as provided by paragraph (2), a summary of any decisions made by the Council pursuant to subsection (d) at each such meeting and the rationale for and options that informed such decisions.
  • (2) The Council shall not be required to include in a semiannual update under paragraph (1) the matters described in subparagraph (B) of that paragraph with respect to decisions of the Council relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31 as of the date of the semiannual update.
  • (3) The Council may provide a semiannual update under paragraph (1) either in the form of a briefing or a written report.