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10 U.S.C. § 492aBiennial report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system

submitted 7 years ago by Pub. L. 116-92 to r/title-10-ARMED-FORCES · 1,120 words · no verdicts yet

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In specified odd-numbered fiscal years, the President must report on plans and costs for the nuclear stockpile, weapons complex, delivery systems, and command and control system. The Congressional Budget Office, Comptroller General, and Strategic Command must provide related cost reviews and assessments.

(a) Report Required. (1) In general. No later than 30 days after the President’s budget is submitted to Congress under section 1105(a) of title 31 for each odd-numbered fiscal year from 2013 through 2029, the President, consulting with the Secretary of Defense and Secretary of Energy, must send the congressional defense committees, the Senate Committee on Foreign Relations, and the House Committee on Foreign Affairs 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 must include— (A) a detailed description of the plan to improve the safety, security, and reliability of the United States nuclear weapons stockpile; (B) a detailed description of the plan to sustain and modernize the nuclear weapons complex, including making facilities safer, modernizing infrastructure, and preserving key abilities and skills of the nuclear-weapons workforce, including designers and technicians; (C) a detailed description of the plan to maintain, modernize, and replace nuclear-weapons delivery systems; (D) a detailed description of the plan to sustain and modernize the nuclear command and control system; (E) a detailed description of plans to retire, dismantle, or eliminate nuclear warheads or bombs, nuclear-weapons delivery systems, or platforms—including silos and submarines—that carry those warheads, bombs, or delivery systems; (F) a detailed estimate, following paragraph (3), of the budget needed during the 10 years after the report to sustain and modernize the United States nuclear deterrent and nuclear stockpile. The estimate must include costs for the plans in subparagraphs (A) through (E) and applicable costs in the Department of Defense accounts for procurement, military construction, operation and maintenance, and research, development, test, and evaluation. The Secretary may include information beyond those 10 years if the Secretary decides it is accurate and useful for understanding the long-term nuclear modernization plan; and (G) a detailed description of steps taken to carry out the plan in the previous report, including difficulties encountered. (3) Budget estimate contents and methodology. Each estimate under paragraph (2)(F) must describe in detail the included costs and the method used to create the estimate. (4) Extension of deadline for report. (A) If the Secretary of Defense and Secretary of Energy jointly decide that a required report cannot be sent on time, they must promptly, and before the President’s budget for that fiscal year is submitted to Congress, tell the specified committees the expected transmission date. They must also brief those committees on the report’s content no later than 30 days after that budget is submitted. (B) The President may not send the report later than 60 days after that budget is submitted. (b) Estimate of Costs by Congressional Budget Office. By July 1 of each year in which the President sends a subsection (a) report, the Director of the Congressional Budget Office must send the congressional defense committees a report containing— (1) an estimate for the 10 years beginning on the report date of the cost to field and maintain the current United States nuclear weapons and delivery systems; (2) an estimate for that period of anticipated life-extension, modernization, or replacement costs for current United States nuclear weapons or delivery systems, including acquisition costs for related programs; (3) the percentage of total defense spending during that period represented by the costs estimated under subparagraphs (A) and (B); and (4) the percentage of total acquisition costs of the military departments and Department of Defense during that period represented by the acquisition costs estimated under subparagraph (B). (c) Comptroller General Review. The Comptroller General must periodically review subsection (a) reports for accuracy and completeness concerning the matters in subsection (a)(2)(F) and (3), and must send the congressional defense committees a summary of each review. (d) Independent Assessment by United States Strategic Command. (1) Within 150 days after the President’s budget is submitted to Congress under section 1105(a) of title 31, for each fiscal year the Commander of United States Strategic Command must complete an independent assessment of the operational effects of whether the Department of Defense and National Nuclear Security Administration have sufficiently carried out, as of the assessment date, their acquisition, construction, and recapitalization programs to modernize United States nuclear forces and meet current and future deterrence requirements. (2) The assessment must evaluate the ongoing execution of modernization programs connected with— (A) nuclear-weapons design, production, and sustainment infrastructure; (B) the nuclear-weapons stockpile; (C) nuclear-weapons delivery systems; and (D) the nuclear command, control, and communications system. (3) Routing and submission. (A) Within 15 days after completing the assessment, the Commander must send it to the Chairman of the Nuclear Weapons Council and notify the congressional defense committees that it was sent. (B) Within 15 days after receiving it, the Chairman must send it, unchanged, to the congressional defense committees. The section does not define the quoted terms “nuclear weapons complex,” “nuclear deterrent,” “recapitalization,” or “deterrence requirements.”
the actual law source: uscode.house.gov ↗public domain
(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 the odd-numbered 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 report, including difficulties encountered in implementing the plan in the previous report.

(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 content 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.—

Not later than July 1 of each year in which the President transmits a report required under subsection (a), the Director of the Congressional Budget Office shall submit to the congressional defense committees a report that includes—

(1)

an estimate of the costs during the 10-year period beginning on the date of such report associated with fielding and maintaining the current nuclear weapons and nuclear weapon delivery systems of the United States;

(2)

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 report, including an estimate of the acquisition costs during such period for programs relating to such life extension, modernization, or replacement;

(3)

an estimate of the relative percentage of total defense spending during such period represented by the costs estimated under subparagraphs (A) and (B); and

(4)

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).

(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.

Source credit: (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; Pub. L. 118–159, div. A, title XVI, § 1624, Dec. 23, 2024, 138 Stat. 2173.)

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 116-92 · 133 Stat. 1773
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4059
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2939
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 592
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 2173

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.

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