### §2757. Review of adequacy of nuclear weapons budget

#### (a) Review of adequacy of Administration budget by Nuclear Weapons Council

#### (1) Transmission to Council

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.

#### (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.

#### (3) Department of Energy response

#### (A) In general

If the Council submits to the Secretary of Energy a written description under section 179(f)(2)(B)(i) of title 10 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—

(i) the funding levels and initiatives identified in that description; and

(ii) any additional comments the Secretary considers appropriate.

#### (B) Transmission to Congress

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), a copy of the appendix described in subparagraph (A).

#### (b) Review and certification of Department of Energy budget by Nuclear Weapons Council

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.

(Pub. L. 107–314, div. D, title XLVII, §4717, as added Pub. L. 116–283, div. A, title XVI, §1632(b)(1), Jan. 1, 2021, 134 Stat. 4057; amended Pub. L. 117–263, div. A, title XVI, §1633(c), Dec. 23, 2022, 136 Stat. 2937.)

#### **Editorial Notes**

#### Codification

Pub. L. 116–283, div. A, title XVI, §1632(b)(1), which directed the addition of this section at the end of subtitle A of title XVII of the Atomic Energy Defense Act (50 U.S.C. 2741 et seq.), was executed by adding this section at the end of subtitle A of title XLVII of the Atomic Energy Defense Act to reflect the probable intent of Congress.

#### Amendments

2022—Subsec. (a)(2). Pub. L. 117–263, §1633(c)(1)(A), added par. (2) and struck out former par. (2) which related to review and determination of adequacy of the budget request transmitted to the Nuclear Weapons Council.

Subsec. (a)(3)(A). Pub. L. 117–263, §1633(c)(1)(B)(i), substituted "section 179(f)(2)(B)(i) of title 10" for "paragraph (2)(B)(i)" in introductory provisions.

Subsec. (a)(3)(A)(i). Pub. L. 117–263, §1633(c)(1)(B)(ii), substituted "that description" for "the description under paragraph (2)(B)(i)".

Subsec. (b). Pub. L. 117–263, §1633(c)(2), struck out par. (1) designation and heading "In general" before "At the time" and struck out par. (2) which related to certification of the budget request transmitted to the Nuclear Weapons Council.