10 U.S.C. § 179: Nuclear Weapons Council

The Under Secretary of Defense for Acquisition and Sustainment. The Vice Chairman of the Joint Chiefs of Staff. The Under Secretary for Nuclear Security of the Department of Energy. The Under Secretary of Defense for Research and Engineering. The Under Secretary of Defense for Policy. The Commander of the United States Strategic Command. Except as provided in paragraph (2), the Chairman of the Council shall be the member designated under subsection (a)(1). 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. 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. 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. The Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs shall be the Staff Director of the Council. 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. Preparing the annual Nuclear Weapons Stockpile Memorandum. Developing nuclear weapons stockpiles options and the costs of such options and alternatives. Coordinating and approving programming and budget matters pertaining to nuclear weapons programs between the Department of Defense and the Department of Energy. Identifying various options for cost-effective schedules for nuclear weapons production. Evaluating safety, security, and control issues for existing weapons and for proposed new weapon program starts and approving adjustments as required. Overseeing the approval of design, performance, and cost tradeoffs for all proposed new nuclear weapons programs. nuclear weapon delivery systems and platforms and priorities on military capability development within the armed forces and the broader Department of Defense; and nuclear weapons and priorities among activities, including production, surveillance, research, construction, and any other programs within the National Nuclear Security Administration. 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. 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. 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 if any such risk exists, proposing and analyzing adjustments to such requirements and schedules. 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. Coordinating and approving the annual budget proposals of the National Nuclear Security Administration. 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. 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. 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. 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. 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. 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. The Council shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii). The results of the assessment conducted under paragraph (1) with respect to that budget. enables the Administrator for Nuclear Security to meet requirements relating to nuclear weapons for such fiscal year; and is adequate to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year; and the requirements to produce war reserve plutonium pits under section 4219(a) 1 of such Act ( 1 See References in Text note below. 50 U.S.C. 2538a(a) ); and any other requirements under Federal law. an explanation for why the plans and budget will not enable the Administrator to meet such requirements; and proposed alternative plans, budget, or requirements by the Council to meet such requirements. 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. 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 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. such assessment as it was submitted to the Chairman; and any comments of the Chairman. In this subsection, the term “budget” has the meaning given that term in section 231(f) 1 of this title. the dates on which the Council met and the members who attended each meeting; and 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. 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. The Council may provide a semiannual update under paragraph (1) either in the form of a briefing or a written report. Except as provided by subsection (b), each official described in paragraph (2) shall attend the meetings of the Nuclear Weapons Council established by section 179 of title 10 , United States Code, and the meetings of the Standing and Safety Committee of the Council, or such a successor committee. Each such official shall attend such meetings as advisors on matters within the authority and expertise of the official. The Director of Cost Assessment and Program Evaluation of the Department of Defense. The Director of the Office of Management and Budget of the National Nuclear Security Administration. The Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration. The Director of the Office of Management and Budget. On a case-by-case basis, the Chairman of the Nuclear Weapons Council, without delegation, may exclude the attendance of an official at a meeting pursuant to subsection (a) because of specific requirements relating to classified information or other exigent circumstances as determined by the Chairman.”