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10 U.S.C. § 499cPortfolio management framework for nuclear forces

submitted 4 years ago by Pub. L. 117-263 to r/title-10-ARMED-FORCES · 552 words · no verdicts yet

in plain englishAI-generated · not legal advice

By January 2024, the Defense Secretary had to set up a framework to manage nuclear-force risk. Each year, Congress gets a briefing on risks and how they're being managed. This requirement ends once major weapons programs like Sentinel and Columbia are fully operational.

(a) Requirement. By January 1, 2024, the Secretary of Defense had to: (1) Put in place a portfolio management framework for U.S. nuclear forces that: (A) Names which nuclear forces the framework covers; (B) Sets up a governance structure for those forces that borrows from, or is modeled on, an existing structure — such as the Deputy's Management Action Group described in Department of Defense Directive 5105.79; (C) Explains how the Secretary — acting through the Under Secretary of Defense for Acquisition and Sustainment — will identify and manage risk, prioritize efforts, and coordinate all this with the Administrator for Nuclear Security through the Nuclear Weapons Council; and (D) Builds in the findings and recommendations from the Comptroller General's January 2022 report, "Nuclear Enterprise: DOD and NNSA Could Further Enhance How They Manage Risk and Prioritize Efforts" (GAO-22-104061); and (2) Finish a full assessment of what portfolio management skills are needed to identify and manage risk in the nuclear-forces portfolio, including how to use public and private-sector resources and the program-management expertise at the Defense Acquisition University. (b) Annual Briefings; Notifications. (1) Along with the President's budget submission for fiscal year 2025, and every fiscal year after that until the section ends, the Secretary must brief the congressional defense committees on identifying and managing nuclear-force risk and prioritizing efforts, covering: (A) the current and projected operational needs used for that work; (B) the key risks found; and (C) actions proposed or taken to reduce that risk. (2) The Secretary may give these briefings in classified form. (3) If either house of Congress passes a funding bill that the Secretary determines will significantly delay nuclear certification or delivery, the Secretary must notify the congressional defense committees. (c) Termination. This section's requirements end 90 days after the Secretary certifies to the congressional defense committees that all of the following have reached full operational capability: (1) the LGM-35A Sentinel intercontinental ballistic missile system; (2) the Columbia-class ballistic missile submarine program; (3) the long-range standoff weapon program; (4) the B-21 Raider bomber program; and (5) the F-35A dual-capable aircraft program. (d) Nuclear Forces Defined. In this section, "nuclear forces" includes, at minimum: (1) nuclear weapons; (2) the platforms and systems that deliver nuclear weapons; (3) nuclear command, control, and communications systems; and (4) the Defense Department's and National Nuclear Security Administration's infrastructure and facilities supporting all of the above — including personnel, construction, operation, and maintenance.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 117–263, div. A, title XVI, § 1634(a), Dec. 23, 2022, 136 Stat. 2938.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-263 · 136 Stat. 2938

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-263 on 2022-12-23.

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