§ 2538.
Advice to President and Congress regarding safety, security, and reliability of United States nuclear weapons stockpile
(d)
Advice and opinions regarding nuclear weapons stockpile
In addition to a director of a national security laboratory or a nuclear weapons production facility under section 2533 of this title, any member of the Nuclear Weapons Council may also submit to the President, the Secretary of Defense, the Secretary of Energy, or the congressional defense committees advice or opinion regarding the safety, security, effectiveness, and reliability of the nuclear weapons stockpile.
(e)
Expression of individual views
(1)
In general
No individual, including a representative of the President, may take any action against, or otherwise constrain, a director of a national security laboratory or a nuclear weapons production facility or a member of the Nuclear Weapons Council from presenting the professional views of the director or member, as the case may be, to the President, the National Security Council, or Congress regarding—
(A)
the safety, security, reliability, or credibility of the nuclear weapons stockpile and nuclear forces; or
(B)
the status of, and plans for, the capabilities and infrastructure that support and sustain the nuclear weapons stockpile and nuclear forces.
(2)
Construction
Nothing in paragraph (1)(B) may be construed to affect the interagency budget process.
(f)
Representative of the President defined
In this section, the term “representative of the President” means the following:
(1)
Any official of the Department of Defense or the Department of Energy who is appointed by the President and confirmed by the Senate.
(2)
Any member or official of the National Security Council.
(3)
Any member or official of the Joint Chiefs of Staff.
(4)
Any official of the Office of Management and Budget.
([Pub. L. 107–314, div. D, title XLII, § 4218], formerly [Pub. L. 105–85, div. A, title XIII, § 1305], Nov. 18, 1997, [111 Stat. 1952], renumbered [Pub. L. 107–314, div. D, title XLII, § 4218], and amended [Pub. L. 112–239, div. C, title XXXI, § 3164(a)], (b), Jan. 2, 2013, [126 Stat. 2206]; [Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(D)], (c)(10), Dec. 26, 2013, [127 Stat. 1072], 1075; [Pub. L. 113–291, div. C, title XXXI, § 3142(e)], Dec. 19, 2014, [128 Stat. 3900]; [Pub. L. 116–92, div. C, title XXXI, § 3139(b)(5)], Dec. 20, 2019, [133 Stat. 1963].)