- § 491. Nuclear weapons employment strategy of the United States: reports on modification of strategy
- § 492. Biennial assessment and report on the delivery platforms for nuclear weapons and the nuclear command and control system
- § 492a. Annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system
- § 492b. Biannual briefing on nuclear weapons and related activities
- § 493. Reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States
- § 493a. Industrial base monitoring for B–21 and Sentinel programs
- § 494. Nuclear force reductions
- § 495. Strategic delivery systems
- § 496. Consideration of expansion of nuclear forces of other countries
- § 497. Notification required for reduction, consolidation, or withdrawal of nuclear forces based in Europe
- § 497a. Notification required for reduction or consolidation of dual-capable aircraft based in Europe
- § 498. Unilateral change in nuclear weapons stockpile of the United States
- § 499. Annual assessment of cyber resiliency of nuclear command and control system
- § 499a. Collection, storage, and sharing of data relating to nuclear security enterprise and nuclear forces
- § 499b. Participation in United States Strategic Command strategic deterrence exercises
- § 499c. Portfolio management framework for nuclear forces
§ 491. Nuclear weapons employment strategy of the United States: reports on modification of strategy
(a)Reports.—By not later than 60 days before the date on which the President implements a nuclear weapons employment strategy of the United States that differs from the nuclear weapons employment strategy of the United States then in force, the President shall submit to Congress a report setting forth the following:
(1) A description of the modifications to the nuclear weapons employment strategy, plans, and options of the United States made by the strategy so issued.
(2) An assessment of effects of such modification for the nuclear posture of the United States.
(3) The implication of such changes on the flexibility and resilience of the strategic forces of the United States and the ability of such forces to support the goals of the United States with respect to nuclear deterrence, extended deterrence, assurance, and defense.
(4) The extent to which such modifications include an increased reliance on conventional or non-nuclear global strike capabilities or missile defenses of the United States.
(b)Annual Briefings.—Not later than March 15 of each year, the Secretary of Defense shall provide to the congressional defense committees a briefing regarding the nuclear weapons employment strategy, plans, and options of the United States.
(c)Reports on Nuclear Posture Review Implementation Study Decisions.—During each of fiscal years 2022 through 2031, not later than 60 days before the date on which the President carries out the results of the decisions made pursuant to a Nuclear Posture Review Implementation Study that would alter the nuclear weapons employment strategy, guidance, plans, or options of the United States, the President shall—
(1) ensure that the report required by section 492a of this title is transmitted to Congress, if so required under such section;
(2) ensure that the report required under section 494(a)(2)(A) of this title is transmitted to Congress, if so required under such section; and
(3) transmit to the congressional defense committees a report providing the high-, medium-, and low- confidence assessments of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) as to whether the United States will have significant warning of a strategic surprise or breakout caused by foreign nuclear weapons developments.
(Added Pub. L. 112–81, div. A, title X, § 1046(b)(1), Dec. 31, 2011, 125 Stat. 1579; amended Pub. L. 112–239, div. A, title X, §§ 1031(a), 1032, Jan. 2, 2013, 126 Stat. 1917, 1919; Pub. L. 113–66, div. A, title X, § 1052(b), Dec. 26, 2013, 127 Stat. 861; Pub. L. 113–291, div. A, title X, § 1071(c)(10), Dec. 19, 2014, 128 Stat. 3509; Pub. L. 117–263, div. A, title XVI, § 1637, Dec. 23, 2022, 136 Stat. 2940; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(8), Dec. 22, 2023, 137 Stat. 684.)
§ 492. Biennial assessment and report on the delivery platforms for nuclear weapons and the nuclear command and control system
(a)Biennial Assessments.—
(1) For each even-numbered year, each covered official shall assess the safety, security, reliability, sustainability, performance, and military effectiveness of, and the ability to meet operational availability requirements for, the systems described in paragraph (2) for which such official has responsibility.
(2) The systems described in this paragraph are the following:
(A) Each type of delivery platform for nuclear weapons.
(B) The nuclear command and control system.
(b)Biennial Report.—
(1) Not later than December 1 of each even-numbered year, each covered official shall submit to the Secretary of Defense and the Nuclear Weapons Council established by section 179 of this title a report on the assessments conducted under subsection (a).
(2) Each report under paragraph (1) shall include the following:
(A) The results of the assessment.
(B) An identification and discussion of any capability gaps or shortfalls with respect to the systems described in subsection (a)(2) covered under the assessment.
(C) An identification and discussion of any risks with respect to meeting mission or capability requirements.
(D) In the case of an assessment by the Commander of the United States Strategic Command, if the Commander identifies any deficiency with respect to a nuclear weapons delivery platform covered under the assessment, a discussion of the relative merits of any other nuclear weapons delivery platform type or compensatory measure that would accomplish the mission of such nuclear weapons delivery platform.
(E) An identification and discussion of any matter having an adverse effect on the capability of the covered official to accurately determine the matters covered by the assessment.
(c)Report to President and Congress.—
(1) Not later than March 1 of each year following a year for which a report under subsection (b) is submitted, the Secretary of Defense shall submit to the President a report containing—
(A) each report under subsection (b) submitted during the previous year, as originally submitted to the Secretary;
(B) any comments that the Secretary considers appropriate with respect to each such report;
(C) any conclusions that the Secretary considers appropriate with respect to the safety, security, reliability, sustainability, performance, or military effectiveness of the systems described in subsection (a)(2); and
(D) any other information that the Secretary considers appropriate.
(2) Not later than March 15 of each year during which a report under paragraph (1) is submitted, the President shall transmit to the congressional defense committees the report submitted to the President under paragraph (1), including any comments the President considers appropriate.
(3) Each report under this subsection may be in classified form if the Secretary of Defense determines it necessary.
(d)Covered Official Defined.—In this section, the term “covered official” means—
(1) the Commander of the United States Strategic Command;
(2) the Director of the Strategic Systems Program of the Navy;
(3) the Commander of the Global Strike Command of the Air Force; and
(4) the Commander of the United States Air Forces in Europe.
(Added Pub. L. 112–81, div. A, title X, § 1041(a), Dec. 31, 2011, 125 Stat. 1573, § 490a; renumbered § 492, Pub. L. 112–239, div. A, title X, § 1031(b)(3)(A)(i), Jan. 2, 2013, 126 Stat. 1918; amended Pub. L. 113–291, div. A, title XVI, § 1642, Dec. 19, 2014, 128 Stat. 3650; Pub. L. 116–92, div. A, title XVI, § 1666, Dec. 20, 2019, 133 Stat. 1774.)
§ 492a. Annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system
(a)Report Required.—
(1)In general.—Not later than 30 days after the submission to Congress of the budget of the President under section 1105(a) of title 31, United States Code, for each of fiscal years 2013 through 2029, the President, in consultation with the Secretary of Defense and the Secretary of Energy, shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a detailed report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system.
(2)Elements.—Each report required under paragraph (1) shall include the following:
(A) A detailed description of the plan to enhance the safety, security, and reliability of the nuclear weapons stockpile of the United States.
(B) A detailed description of the plan to sustain and modernize the nuclear weapons complex, including improving the safety of facilities, modernizing the infrastructure, and maintaining the key capabilities and competencies of the nuclear weapons workforce, including designers and technicians.
(C) A detailed description of the plan to maintain, modernize, and replace delivery systems for nuclear weapons.
(D) A detailed description of the plan to sustain and modernize the nuclear weapons command and control system.
(E) A detailed description of any plans to retire, dismantle, or eliminate any nuclear warheads or bombs, nuclear weapons delivery systems, or any platforms (including silos and submarines) which carry such nuclear warheads, bombs, or delivery systems.
(F) In accordance with paragraph (3), a detailed estimate of the budget requirements associated with sustaining and modernizing the nuclear deterrent of the United States and the nuclear weapons stockpile of the United States, including the costs associated with the plans outlined under subparagraphs (A) through (E), over the 10-year period following the date of the report, including the applicable and appropriate costs associated with the procurement, military construction, operation and maintenance, and research, development, test, and evaluation accounts of the Department of Defense. The Secretary may include information and data for a period beyond such 10-year period if the Secretary determines that such information and data is accurate and useful in understanding the long-term nuclear modernization plan.
(G) A detailed description of the steps taken to implement the plan submitted in the previous year, including difficulties encountered in implementing the plan in the previous year.
(3)Budget estimate contents and methodology.— Each budget estimate under paragraph (2)(F) shall include a detailed description of the costs included in such estimate and the methodology used to create such estimate.
(4)Extension of deadline for report.—
(A)In general.—Subject to subparagraph (B), if the Secretary of Defense and the Secretary of Energy jointly determine that a report required by paragraph (1) for a fiscal year will not be able to be transmitted to the committees specified in that paragraph by the time required under that paragraph, such Secretaries shall—
(i) promptly, and before the submission to Congress of the budget of the President for that fiscal year under section 1105(a) of title 31, United States Code, notify those committees of the expected date for the transmission of the report; and
(ii) not later than 30 days after the submission of that budget to Congress, provide a briefing to those committees on the span of the report.
(B)Limitation.—In no case may the President transmit a report required by paragraph (1) for a fiscal year to the committees specified in that paragraph later than 60 days after the submission to Congress of the budget of the President for that fiscal year.
(b)Estimate of Costs by Congressional Budget Office.—
(1)Budgets for odd-numbered fiscal years.—Not later than July 1 of each year in which the President transmits a covered odd-numbered fiscal year report, the Director of the Congressional Budget Office shall submit to the congressional defense committees a report that includes—
(A) an estimate of the costs during the 10-year period beginning on the date of such covered odd-numbered fiscal year report associated with fielding and maintaining the current nuclear weapons and nuclear weapon delivery systems of the United States;
(B) an estimate of the costs during such period of any life extension, modernization, or replacement of any current nuclear weapons or nuclear weapon delivery systems of the United States that is anticipated as of the date of such covered odd-numbered fiscal year report, including an estimate of the acquisition costs during such period for programs relating to such life extension, modernization, or replacement;
(C) an estimate of the relative percentage of total defense spending during such period represented by the costs estimated under subparagraphs (A) and (B); and
(D) an estimate of the relative percentage of total acquisition costs of the military departments and of the Department of Defense during such period represented by the acquisition costs estimated under subparagraph (B).
(2)Budgets for even-numbered fiscal years.—If the Director determines that a covered even-numbered fiscal year report contains a significant change that affects the estimates of the Director included in the report submitted under paragraph (1) in the year prior to the year in which such covered even-numbered fiscal year report is submitted, the Director shall submit to the congressional defense committees a letter describing such significant changes.
(3)Definitions.—In this subsection:
(A) The term “covered even-numbered fiscal year report” means a report required to be transmitted under subsection (a)(1) not later than 30 days after the submission to Congress of the budget of the President for an even-numbered fiscal year.
(B) The term “covered odd-numbered fiscal year report” means a report required to be transmitted under subsection (a)(1) not later than 30 days after the submission to Congress of the budget of the President for an odd-numbered fiscal year.
(c)Comptroller General Review.—The Comptroller General of the United States shall—
(1) periodically review reports submitted under subsection (a) for accuracy and completeness with respect to the matters described in paragraphs (2)(F) and (3) of such subsection; and
(2) submit to the congressional defense committees a summary of each such review.
(d)Independent Assessment by United States Strategic Command.—
(1)In general.—Not later than 150 days after the submission to Congress of the budget of the President under section 1105(a) of title 31, for each fiscal year the Commander of United States Strategic Command shall complete an independent assessment of any operational effects of the sufficiency of the execution, as of the date of the assessment, of the acquisition, construction, and recapitalization programs of the Department of Defense and the National Nuclear Security Administration to modernize the nuclear forces of the United States and meet current and future deterrence requirements.
(2)Contents.—Each assessment required under paragraph (1) shall include an evaluation of the ongoing execution of modernization programs associated with—
(A) the nuclear weapons design, production, and sustainment infrastructure;
(B) the nuclear weapons stockpile;
(C) the delivery systems for nuclear weapons; and
(D) the nuclear command, control, and communications system.
(3)Routing and submission.—
(A)Submission to nuclear weapons council.—Not later than 15 days after completion of an assessment required by paragraph (1), the Commander of United States Strategic Command shall—
(i) submit the assessment to the Chairman of the Nuclear Weapons Council; and
(ii) notify the congressional defense committees that the assessment has been submitted to the Chairman of the Nuclear Weapons Council.
(B)Submission to congress.—Not later than 15 days after the Chairman of the Nuclear Weapons Council receives an assessment required by paragraph (1), the Chairman shall transmit the assessment, without change, to the congressional defense committees.
(Added and amended Pub. L. 116–92, div. A, title XVI, § 1665(c)(1), Dec. 20, 2019, 133 Stat. 1773; Pub. L. 116–283, div. A, title XVI, § 1633, Jan. 1, 2021, 134 Stat. 4059; Pub. L. 117–263, div. A, title XVI, § 1635, Dec. 23, 2022, 136 Stat. 2939; Pub. L. 118–31, div. A, title XVI, § 1633, Dec. 22, 2023, 137 Stat. 592.)
§ 492b. Biannual briefing on nuclear weapons and related activities
(a)In General.—On or about May 1 and November 1 of each year, the officials specified in subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on matters relating to nuclear weapons policies, operations, technology development, and other similar topics as requested by such committees.
(b)Officials Specified.—The officials specified in this subsection are the following:
(1) The Assistant Secretary of Defense for Acquisition.
(2) The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.
(3) The Assistant Secretary of Defense for Space Policy.
(4) The Deputy Administrator for Defense Programs of the National Nuclear Security Administration.
(5) The Director for Strategy, Plans, and Policy of the Joint Staff.
(6) The Director for Capability and Resource Integration for the United States Strategic Command.
(c)Delegation.—An official specified in subsection (b) may delegate the authority to provide a briefing under subsection (a) to a member of the Senior Executive Service who reports to the official.
(d)Termination.—The requirement to provide a briefing under subsection (a) shall terminate on January 1, 2028.
(Added Pub. L. 117–263, div. A, title XVI, § 1631, Dec. 23, 2022, 136 Stat. 2934.)
§ 493. Reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States
Whenever after December 31, 2011, the President proposes a modification of the force structure for the strategic nuclear weapons delivery systems of the United States, the President shall submit to Congress a report on the modification not less than 180 days before the intended effective date of the modification. The report shall include a description of the manner in which such modification will maintain for the United States a range of strategic nuclear weapons delivery systems appropriate for the current and anticipated threats faced by the United States when compared with the current force structure of strategic nuclear weapons delivery systems.
(Added and amended Pub. L. 112–239, div. A, title X, § 1031(b)(3)(B), (C)(ii), Jan. 2, 2013, 126 Stat. 1918, 1919; Pub. L. 113–66, div. A, title X, § 1091(b)(5), Dec. 26, 2013, 127 Stat. 876; Pub. L. 117–81, div. A, title XVI, § 1634, Dec. 27, 2021, 135 Stat. 2091.)
§ 493a. Industrial base monitoring for B–21 and Sentinel programs
(a)Designation.—The Secretary of the Air Force, acting through the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics, shall designate a senior official, who shall report to the Assistant Secretary, to monitor the combined industrial base supporting the acquisition of—
(1) B–21 aircraft; and
(2) the Sentinel intercontinental ballistic missile weapon system.
(b)Requirements for Monitoring.—In monitoring the combined industrial base described in subsection (a), the senior official designated under such subsection shall—
(1) have the authority to select staff to assist the senior official from among civilian employees of the Department and members of the armed forces, who may provide such assistance concurrently while serving in another position;
(2) monitor the acquisition by the combined industrial base of—
(A) materials, technologies, and components associated with nuclear weapons systems; and
(B) commodities purchased on a large scale;
(3) monitor the hiring or contracting by the combined industrial base of personnel with critical skills; and
(4) assess whether personnel with critical skills and knowledge, intellectual property on manufacturing processes, and facilities and equipment necessary to design, develop, manufacture, repair, and support a program are available and affordable within the scopes of the B–21 aircraft program and the Sentinel intercontinental ballistic missile weapon system program.
(c)Annual Report.—At the same time as the submission of the budget of the President pursuant to section 1105(a) of title 31 for a fiscal year, the Secretary shall submit to the congressional defense committees a report with respect to the status of the combined industrial base described in subsection (a).
(Added Pub. L. 117–263, div. A, title XVI, § 1632, Dec. 23, 2022, 136 Stat. 2934.)
§ 494. Nuclear force reductions
(a)Implementation of New START Treaty.—
(1)Sense of congress.—It is the Sense of Congress that—
(A) the United States is committed to maintaining a safe, secure, reliable, and credible nuclear deterrent;
(B) the United States should undertake and support an enduring stockpile stewardship program and maintain and modernize nuclear weapons production capabilities and capacities to ensure the safety, security, reliability, and credibility of the United States nuclear deterrent and to meet requirements for hedging against possible international developments or technical problems;
(C) the United States should maintain nuclear weapons laboratories and plants and preserve the intellectual infrastructure, including competencies and skill sets; and
(D) the United States should provide the necessary resources to achieve these goals, using as a starting point the levels set forth in the President’s 10-year plan provided to Congress pursuant to section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549).
(2)Insufficient funding.—
(A)Report.—During each year in which the New START Treaty is in force, if the President determines that an appropriations Act is enacted that fails to meet the resource levels set forth in the November 2010 update to the plan referred to in section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549) or if at any time determines that more resources are required to carry out such plan than were estimated, the President shall transmit to the appropriate congressional committees, within 60 days of making such a determination, a report detailing—
(i) a plan to address the resource shortfall;
(ii) if more resources are required to carry out the plan than were estimated—(I) the proposed level of funding required; and(II) an identification of the stockpile work, campaign, facility, site, asset, program, operation, activity, construction, or project for which additional funds are required;
(iii) any effects caused by the shortfall on the safety, security, reliability, or credibility of the nuclear forces of the United States;
(iv) whether and why, in light of the shortfall, remaining a party to the New START Treaty is still in the national interest of the United States; and
(v) a detailed explanation of why the modernization timelines established in the 2010 Nuclear Posture Review are no longer applicable.
(B)Prior notification.—If the President transmits a report under subparagraph (A), the President shall notify the appropriate congressional committees of any determination by the President to reduce the number of deployed nuclear warheads of the United States by not later than 60 days before taking any action to carry out such reduction.
(C)Exception.—The limitation in subparagraph (B) shall not apply to—
(i) reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and strategic delivery systems; or
(ii) nuclear warheads that are retired or awaiting dismantlement on the date of the report under subparagraph (A).
(D)Definitions.—In this paragraph:
(i) The term “appropriate congressional committees” means—(I) the congressional defense committees; and(II) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(ii) The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.
(b)Annual Report on the Nuclear Weapons Stockpile of the United States.—
(1)Sense of congress.—It is the sense of Congress that—
(A) sustained investments in the nuclear weapons stockpile and the nuclear security complex are needed to ensure a safe, secure, reliable, and credible nuclear deterrent; and
(B) such investments could enable additional future reductions in the hedge stockpile.
(2)Report required.—Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the nuclear weapons stockpile of the United States that includes the following:
(A) An accounting of the weapons in the stockpile as of the end of the fiscal year preceding the submission of the report that includes all weapons in the active and inactive stockpiles, both deployed and non-deployed, and all categories and readiness states of such weapons.
(B) The planned force levels for each category of nuclear weapon over the course of the future-years defense program submitted to Congress under section 221 of this title for the fiscal year following the fiscal year in which the report is submitted.
(c)Net Assessment of Nuclear Force Levels Required With Respect to Certain Proposals To Reduce the Nuclear Weapons Stockpile of the United States.—
(1)In general.—If, during any year beginning after December 31, 2021, the President makes a proposal described in paragraph (2)—
(A) the Commander of United States Strategic Command shall conduct a net assessment of the current and proposed nuclear forces of the United States and of other countries that possess nuclear weapons to determine whether the nuclear forces of the United States are anticipated to be capable of meeting the objectives of the United States with respect to nuclear deterrence, extended deterrence, assurance of allies, and defense;
(B) the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives the assessment described in subparagraph (A), unchanged, together with the explanatory views of the Secretary, as the Secretary deems appropriate; and
(C) the Administrator of the National Nuclear Security Administration shall submit to the Committees on Armed Services of the Senate and House of Representatives a report describing the current capacities of the United States nuclear weapons infrastructure to respond to a strategic development or technical problem in the United States nuclear weapons stockpile.
(2)Proposal described.—
(A)In general.—Except as provided in subparagraph (B), a proposal described in this paragraph is a proposal to reduce the number of nuclear weapons in the active or inactive stockpiles of the United States to a level that is lower than the level on December 31, 2021.
(B)Exceptions.—A proposal described in this paragraph does not include—
(i) reductions that are a direct result of activities associated with routine stockpile stewardship, including stockpile surveillance, logistics, or maintenance; or
(ii) nuclear weapons retired or awaiting dismantlement on December 31, 2021.
(3)Termination.—The requirement in paragraph (1) shall terminate on February 1, 2025.
(d)Prevention of Asymmetry in Reductions.—
(1)Certification.—During any year in which the President recommends to reduce the number of nuclear weapons in the active and inactive stockpiles of the United States by a number that is greater than a de minimis reduction, the President shall certify in writing to the congressional defense committees whether such reductions will cause the number of nuclear weapons in such stockpiles to be fewer than the high-confidence assessment of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) with respect to the number of nuclear weapons in the active and inactive stockpiles of the Russian Federation.
(2)Notification.—If the President certifies under paragraph (1) that the recommended number of nuclear weapons in the active and inactive stockpiles of the United States is fewer than the high-confidence assessment of the intelligence community with respect to the number of nuclear weapons in the active and inactive stockpiles of the Russian Federation, the President shall transmit to the congressional defense committees a report by the Commander of the United States Strategic Command, without change, detailing whether the recommended reduction would create a strategic imbalance or degrade deterrence and extended deterrence between the total number of nuclear weapons of the United States and the total number of nuclear weapons of the Russian Federation. The President shall transmit such report by not later than 60 days before the date on which the President carries out any such recommended reductions.
(3)Exception.—The notification in paragraph (2) shall not apply to—
(A) reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and strategic delivery systems; or
(B) nuclear warheads that are retired or awaiting dismantlement on the date of the certification under paragraph (1).
(4)Additional views.—On the date on which the President transmits to the congressional defense committees a report by the Commander of the United States Strategic Command under paragraph (2), the President may transmit to such committees a report by the President with respect to whether the recommended reductions covered by the report of the Commander will impact the deterrence or extended deterrence capabilities of the United States.
(Added and amended Pub. L. 112–239, div. A, title X, §§ 1033(b)(1), (2)(B), 1034, Jan. 2, 2013, 126 Stat. 1920–1922; Pub. L. 113–66, div. A, title X, § 1091(a)(7), Dec. 26, 2013, 127 Stat. 875; Pub. L. 113–291, div. A, title X, § 1071(c)(10), Dec. 19, 2014, 128 Stat. 3509; Pub. L. 115–91, div. A, title X, § 1081(a)(19), Dec. 12, 2017, 131 Stat. 1595; Pub. L. 115–232, div. A, title X, § 1081(a)(5), Aug. 13, 2018, 132 Stat. 1983; Pub. L. 117–81, div. A, title XVI, § 1632, Dec. 27, 2021, 135 Stat. 2090.)
§ 495. Strategic delivery systems
(a)Annual Certification.—The President shall annually certify in writing to the congressional defense committees whether plans to modernize or replace strategic delivery systems are fully funded at levels equal to or more than the levels set forth in the November 2010 update to the plan referred to in section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549), including plans regarding—
(1) a heavy bomber and air-launched cruise missile;
(2) an intercontinental ballistic missile;
(3) a submarine-launched ballistic missile;
(4) a ballistic missile submarine; and
(5) maintaining the nuclear command and control system (as first reported under section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576)).
(b)Additional Report Matters Following Certain Certifications.—If in any year prior to the expiration of the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011 (commonly referred to as the “New START Treaty”), the President certifies under subsection (a) that plans to modernize or replace strategic delivery systems are not fully funded, the President shall include in the next annual report transmitted to Congress under section 492(a) 1
1 See References in Text note below.
of this title the following:(1) A determination of whether or not the lack of full funding will result in a loss of military capability when compared with the November 2010 update to the plan referred to in section 1251 of the National Defense Authorization Act for Fiscal Year 2010.
(2) If the determination under paragraph (1) is that the lack of full funding will result in a loss of military capability—
(A) a plan to preserve or retain the military capability that would otherwise be lost; or
(B) a report setting forth—
(i) an assessment of the impact of the lack of full funding on the strategic delivery systems specified in subsection (a); and
(ii) a description of the funding required to restore or maintain the capability.
(3) A certification by the President of whether or not the President is committed to accomplishing the modernization and replacement of strategic delivery systems and will meet the obligations concerning nuclear modernization as set forth in declaration 12 of the Resolution of Advice and Consent to Ratification of the New START Treaty.
(c)Prior Notification.—Not later than 60 days before the date on which the President carries out any reduction to the number of strategic delivery systems, the President shall—
(1) make the certification under subsection (a) for the fiscal year for which the reductions are proposed to be carried out;
(2) transmit the additional report matters under subsection (b) for such fiscal year, if such additional report matters are so required; and
(3) certify to the congressional defense committees whether the Russian Federation is in compliance with its strategic arms control obligations with the United States and is not engaged in activity in violation of, or inconsistent with, such obligations.
(d)Treatment of Certain Reductions.—Any certification under subsection (a) shall not take into account the following:
(1) Reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and delivery systems.
(2) Strategic delivery systems that are retired or awaiting dismantlement on the date of the certification under subsection (a).
(e)Definitions.—In this section:
(1) The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.
(2) The term “strategic delivery system” means a delivery system for nuclear weapons.
(Added Pub. L. 112–239, div. A, title X, § 1035(a), Jan. 2, 2013, 126 Stat. 1923; amended Pub. L. 112–240, title VIII, § 801(a), Jan. 2, 2013, 126 Stat. 2369; Pub. L. 115–232, div. A, title X, § 1081(a)(6), Aug. 13, 2018, 132 Stat. 1983; Pub. L. 118–31, div. A, title XVI, § 1632, Dec. 22, 2023, 137 Stat. 592.)
§ 496. Consideration of expansion of nuclear forces of other countries
(a)Report and Certification.—Not later than 60 days before the President recommends any reductions to the nuclear forces of the United States—
(1) the President shall transmit to the appropriate congressional committees a report detailing, for each country with nuclear weapons, the high-, medium-, and low- confidence assessment of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) with respect to—
(A) the number of each type of nuclear weapons possessed by such country;
(B) the modernization plans for such weapons of such country;
(C) the production capacity of nuclear warheads and strategic delivery systems (as defined in section 495(e)(2) of this title) of such country;
(D) the nuclear doctrine of such country; and
(E) the impact of such recommended reductions on the deterrence and extended deterrence capabilities of the United States; and
(2) the Commander of the United States Strategic Command shall certify to the appropriate congressional committees whether such recommended reductions in the nuclear forces of the United States will—
(A) impair the ability of the United States to address—
(i) unplanned strategic or geopolitical events; or
(ii) technical challenge; or
(B) degrade the deterrence or assurance provided by the United States to friends and allies of the United States.
(b)Form.—The reports required by subsection (a)(1) shall be submitted in unclassified form, but may include a classified annex.
(c)Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(Added Pub. L. 112–239, div. A, title X, § 1036(a), Jan. 2, 2013, 126 Stat. 1924; amended Pub. L. 113–291, div. A, title X, § 1071(c)(10), Dec. 19, 2014, 128 Stat. 3509.)
§ 497. Notification required for reduction, consolidation, or withdrawal of nuclear forces based in Europe
(a)Notification.—Upon any decision to reduce, consolidate, or withdraw the nuclear forces of the United States that are based in Europe, the President shall transmit to the appropriate congressional committees a notification containing—
(1) justification for such reduction, consolidation, or withdrawal; and
(2) an assessment of how member states of the North Atlantic Treaty Organization, in light of such reduction, consolidation, or withdrawal, assess the credibility of the deterrence capability of the United States in support of its commitments undertaken pursuant to article 5 of the North Atlantic Treaty, signed at Washington, District of Columbia, on April 4, 1949, and entered into force on August 24, 1949 (63 Stat. 2241; TIAS 1964).
(b)Prior Notification Required.—
(1)In general.—The President shall transmit the notification required by subsection (a) by not later than 120 days before the date on which the President commences a reduction, consolidation, or withdrawal of the nuclear forces of the United States that are based in Europe described in such notification.
(2)Exception.—The limitation in paragraph (1) shall not apply to a reduction, consolidation, or withdrawal of nuclear weapons of the United States that are based in Europe made to ensure the safety, security, reliability, and credibility of such weapons.
(c)Appropriate Congressional Committees Defined.—In this section, the term “appropriate congressional committees” means—
(1) the Committees on Armed Services of the House of Representatives and the Senate; and
(2) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(Added Pub. L. 112–239, div. A, title X, § 1037(b)(1), Jan. 2, 2013, 126 Stat. 1926; amended Pub. L. 117–81, div. A, title XVI, § 1635, Dec. 27, 2021, 135 Stat. 2091.)
§ 497a. Notification required for reduction or consolidation of dual-capable aircraft based in Europe
(a)Notification.—Not less than 90 days before the date on which the Secretary of Defense reduces or consolidates the dual-capable aircraft of the United States that are based in Europe, the Secretary shall submit to the congressional defense committees a notification of such planned reduction or consolidation, including the following:
(1) The reasons for such planned reduction or consolidation.
(2) Any effects of such planned reduction or consolidation on the extended deterrence mission of the United States.
(3) The manner in which the military requirements of the North Atlantic Treaty Organization (NATO) will continue to be met in light of such planned reduction or consolidation.
(4) A statement by the Secretary on the response of NATO to such planned reduction or consolidation.
(5) Whether there is any change in the force posture of the Russian Federation as a result of such planned reduction or consolidation, including with respect to the nonstrategic nuclear weapons of Russia that are within range of the member states of NATO.
(b)Dual-capable Aircraft Defined.—In this section, the term “dual-capable aircraft” means aircraft that can perform both conventional and nuclear missions.
(Added Pub. L. 113–66, div. A, title X, § 1051(b)(1), Dec. 26, 2013, 127 Stat. 858.)
§ 498. Unilateral change in nuclear weapons stockpile of the United States
(a)In General.—Other than pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution of the United States, if the President has under consideration to unilaterally change the size of the total stockpile of nuclear weapons of the United States, or the total number of deployed nuclear weapons (as defined under the New START Treaty), by more than 20 percent, prior to doing so the President shall initiate a Nuclear Posture Review.
(b)Terms of Reference.—Prior to the initiation of a Nuclear Posture Review under this section, the President shall determine the terms of reference for the Nuclear Posture Review, which the President shall provide to the congressional defense committees.
(c)Nuclear Posture Review.—Upon completion of a Nuclear Posture Review under this section, the President shall submit the Nuclear Posture Review to the congressional defense committees prior to implementing any change described in subsection (a).
(d)Construction.—This section shall not apply to changes to the nuclear weapons stockpile resulting from obligations pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution.
(e)Form.—A Nuclear Posture Review under this section shall be submitted in unclassified form, but may include a classified annex.
(f)New START Treaty Defined.—In this section, the term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.
(Added Pub. L. 112–239, div. A, title X, § 1038(a), Jan. 2, 2013, 126 Stat. 1927; amended Pub. L. 113–66, div. A, title X, § 1091(a)(6), Dec. 26, 2013, 127 Stat. 875; Pub. L. 117–81, div. A, title XVI, § 1633, Dec. 27, 2021, 135 Stat. 2090.)
§ 499. Annual assessment of cyber resiliency of nuclear command and control system
(a)In General.—Not less frequently than annually, the Commander of the United States Strategic Command and the Commander of the United States Cyber Command (in this section referred to collectively as the “Commanders”) shall jointly conduct an assessment of the cyber resiliency of the nuclear command and control system.
(b)Elements.—In conducting the assessment required by subsection (a), the Commanders shall—
(1) conduct an assessment of the sufficiency and resiliency of the nuclear command and control system to operate through a cyber attack from the Russian Federation, the People’s Republic of China, or any other country or entity the Commanders identify as a potential threat; and
(2) develop recommendations for mitigating any concerns of the Commanders resulting from the assessment.
(c)Reports Required.—
(1) For each assessment conducted under subsection (a), the Commanders shall jointly submit to the Chairman of the Joint Chiefs of Staff, for submission to the Council on Oversight of the National Leadership Command, Control, and Communications System established under section 171a of this title, a report on the assessment that includes the following:
(A) The recommendations developed under subsection (b)(2).
(B) A statement of the degree of confidence of each of the Commanders in the mission assurance of the nuclear deterrent against a top tier cyber threat.
(C) A detailed description of the approach used to conduct the assessment required by subsection (a) and the technical basis of conclusions reached in conducting that assessment.
(D) Any other comments of the Commanders.
(2) The Council shall submit to the Secretary of Defense each report required by paragraph (1) and any comments of the Council on each report.
(3) Not later than 90 days after the date of the submission of a report under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees the report, any comments of the Council on the report under paragraph (2), and any comments of the Secretary on the report.
(d)Quarterly Briefings.—
(1) Not less than once every quarter, the Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff shall jointly provide to the Committees on Armed Services of the House of Representatives and the Senate—
(A) a briefing on any intrusion or anomaly in the nuclear command, control, and communications system that was identified during the previous quarter, including—
(i) an assessment of any known, suspected, or potential impacts of such intrusions and anomalies to the mission effectiveness of military capabilities as of the date of the briefing; and
(ii) with respect to cyber intrusions of contractor networks known or suspected to have resulted in the loss or compromise of design information regarding the nuclear command, control, and communications system; or
(B) if no such intrusion or anomaly occurred with respect to the quarter to be covered by that briefing, a notification of such lack of intrusions and anomalies.
(2) In this subsection:
(A) The term “anomaly” means a malicious, suspicious or abnormal cyber incident that potentially threatens the national security or interests of the United States, or that is likely to result in demonstrable harm to the national security of the United States.
(B) The term “intrusion” means an unauthorized and malicious cyber incident that compromises a nuclear command, control, and communications system by breaking the security of such a system or causing it to enter into an insecure state.
(e)Termination.—The requirements of this section shall terminate on December 31, 2032.
(Added Pub. L. 115–91, div. A, title XVI, § 1651(a), Dec. 12, 2017, 131 Stat. 1756; amended Pub. L. 117–81, div. A, title XV, § 1534, Dec. 27, 2021, 135 Stat. 2054; Pub. L. 117–263, div. A, title XVI, § 1636(a), (b), Dec. 23, 2022, 136 Stat. 2940.)
§ 499a. Collection, storage, and sharing of data relating to nuclear security enterprise and nuclear forces
(a)In General.—The Secretary of Defense, acting through the Director of Cost Assessment and Program Evaluation, and the Administrator for Nuclear Security, acting through the Director for Cost Estimating and Program Evaluation, shall collect and store cost, programmatic, and technical data relating to programs and projects of the nuclear security enterprise and nuclear forces.
(b)Sharing of Data.—If the Director of Cost Assessment and Program Evaluation or the Director for Cost Estimating and Program Evaluation requests data relating to programs or projects from any element of the Department of Defense or from any element of the nuclear security enterprise of the National Nuclear Security Administration, that element shall provide that data in a timely manner.
(c)Storage of Data.—
(1) Data collected by the Director of Cost Assessment and Program Evaluation and the Director for Cost Estimating and Program Evaluation under this section shall be—
(A) stored in the data storage system of the Defense Cost and Resource Center, or successor center, or in a data storage system of the National Nuclear Security Administration that is comparable to the data storage system of the Defense Cost and Resource Center; and
(B) made accessible to other Federal agencies as such Directors consider appropriate.
(2) The Secretary and the Administrator shall ensure that the Director of Cost Assessment and Program Evaluation and the Director for Cost Estimating and Program Evaluation have sufficient information system support, as determined by such Directors, to facilitate the timely hosting, handling, and sharing of data relating to programs and projects of the nuclear security enterprise under this section at the appropriate level of classification.
(3) The Deputy Administrator for Naval Reactors of the National Nuclear Security Administration may coordinate with the Director of Cost Assessment and Program Evaluation and the Director for Cost Estimating and Program Evaluation to ensure that, at the discretion of the Deputy Administrator, data relating to programs and projects of the Office of Naval Reactors are correctly represented in the data storage system pursuant to paragraph (1)(A).
(d)Contract Requirements.—The Secretary and the Administrator shall ensure that any relevant contract relating to a program or project of the nuclear security enterprise and nuclear forces that is entered into after December 11, 2017, appropriately includes—
(1) requirements and standards for data collection; and
(2) requirements for reporting on cost, programmatic, and technical data using procedures, standards, and formats approved by the Director of Cost Assessment and Program Evaluation and the Director for Cost Estimating and Program Evaluation.
(e)Nuclear Security Enterprise Defined.—In this section, the term “nuclear security enterprise” has the meaning given that term in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
(Added Pub. L. 115–91, div. A, title XVI, § 1652(a), Dec. 12, 2017, 131 Stat. 1757; amended Pub. L. 115–232, div. A, title X, § 1081(a)(7), Aug. 13, 2018, 132 Stat. 1983.)
§ 499b. Participation in United States Strategic Command strategic deterrence exercises
(a)Participation.—In the case of annual strategic deterrence exercises held by the United States Strategic Command during fiscal years 2022 through 2032—
(1) the Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an even-numbered year;
(2) the Deputy Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year;
(3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise;
(4) the Vice Chairman of the Joint Chiefs of Staff shall participate, in whole or in part, in each such exercise;
(5) appropriate senior staff of the Executive Office of the President or appropriate organizations supporting the White House relating to continuity of government activities are encouraged to participate in each such exercise;
(6) appropriate general or flag officers of the military departments, and appropriate employees of Federal agencies in Senior Executive Service positions (as defined in section 3132 of title 5), shall participate, in whole or in part, in each such exercise, to provide relevant expertise to the Assistant to the President for National Security Affairs and the Deputy Assistant to the President for National Security Affairs; and
(7) in the case of such an exercise for which a unified combatant command has a geographic area of responsibility relevant to the scenario planned to be used for the exercise, not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise:
(A) The Commander.
(B) The Deputy Commander.
(C) The Director of the Joint Staff for Operations.
(D) The Director of the Joint Staff for Strategic Plans and Policy.
(b)Briefing.—Not fewer than once every four years (or more frequently if appropriate) during the period specified in subsection (a), the President shall be provided a briefing on the annual strategic deterrence exercise held by the United States Strategic Command during the year in which the briefing is provided, including the principal findings resulting from the exercise.
(c)Reports.—
(1) Not later than 30 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, shall include the following:
(A) A description of the purpose and scope of the exercise.
(B) An identification of the principal personnel participating in the exercise.
(C) A statement of the principal findings resulting from the exercise that specifically relate to the nuclear command, control, and communications or senior leader decision-making process and a description of any deficiencies in that process identified a result of the exercise.
(D) Whether the President was briefed on the exercise and the principal findings resulting from the exercise.
(2) Not later than 60 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Secretary shall submit to the congressional defense committees—
(A) an unedited copy of the report of the Commander submitted under paragraph (1); and
(B) any additional recommendations or other matters the Secretary considers appropriate.
(Added Pub. L. 117–81, div. A, title XVI, § 1631, Dec. 27, 2021, 135 Stat. 2089.)
§ 499c. Portfolio management framework for nuclear forces
(a)Requirement.—Not later than January 1, 2024, the Secretary of Defense shall—
(1) implement a portfolio management framework for nuclear forces of the United States that—
(A) specifies the portfolio of nuclear forces covered by the framework;
(B) establishes a portfolio governance structure for such forces that takes advantage of, or is modeled on, an existing portfolio governance structure, such as the Deputy’s Management Action Group described in Department of Defense Directive 5105.79;
(C) outlines the approach of the Secretary for identifying and managing risk relating to such forces and prioritizing the efforts among such forces, including how the Secretary, acting through the Under Secretary of Defense for Acquisition and Sustainment, will coordinate such identification, management, and prioritization with the Administrator for Nuclear Security using the coordination processes of the Nuclear Weapons Council; and
(D) incorporates the findings and recommendations identified by the Comptroller General of the United States in the report titled “Nuclear Enterprise: DOD and NNSA Could Further Enhance How They Manage Risk and Prioritize Efforts” (GAO–22–104061) and dated January 2022; and
(2) complete a comprehensive assessment of the portfolio management capabilities required to identify and manage risk in the portfolio of nuclear forces, including how to draw upon public and private sector resources and the program management expertise within the Defense Acquisition University.
(b)Annual Briefings; Notifications.—
(1) In conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31 for fiscal year 2025 and each fiscal year thereafter through the date specified in subsection (c), the Secretary shall provide to the congressional defense committees a briefing on identifying and managing risk relating to nuclear forces and prioritizing the efforts among such forces, including, with respect to the period covered by the briefing—
(A) the current and projected operational requirements for nuclear forces that were used for such identification, management, and prioritization;
(B) key areas of risk identified; and
(C) a description of the actions proposed or carried out to mitigate such risk.
(2) The Secretary may provide the briefings under paragraph (1) in classified form.
(3) If a House of Congress adopts a bill authorizing or appropriating funds that, as determined by the Secretary, provides funds in an amount that will result in a significant delay in the nuclear certification or delivery of nuclear forces, the Secretary shall notify the congressional defense committees of the determination.
(c)Termination.—The requirements of this section shall terminate 90 days after the date on which the Secretary certifies to the congressional defense committees that each of the following have achieved full operational capability:
(1) The LGM–35A Sentinel intercontinental ballistic missile weapon system.
(2) The Columbia-class ballistic missile submarine program.
(3) The long-range standoff weapon program.
(4) The B–21 Raider bomber aircraft program.
(5) The F–35A dual-capable aircraft program.
(d)Nuclear Forces Defined.—In this section, the term “nuclear forces” includes, at a minimum—
(1) nuclear weapons;
(2) the delivery platforms and systems for nuclear weapons;
(3) nuclear command, control, and communications systems; and
(4) the infrastructure and facilities of the Department of Defense and the National Nuclear Security Administration that support nuclear weapons, the delivery platforms and systems for nuclear weapons, and nuclear command, control, and communications systems, including with respect to personnel, construction, operation, and maintenance.
(Added Pub. L. 117–263, div. A, title XVI, § 1634(a), Dec. 23, 2022, 136 Stat. 2938.)