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119th Congress

Title 10 — Armed Forces

Part I · Chapter 24 — Nuclear Posture

§ 492a. Biennial report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title XVI § 1665(c)(1) · 133 Stat. 1198

    Enacted · 10 U.S.C. § 492a

    Added and amended Pub. L. 116–92, div. A, title XVI, § 1665(c)(1), Dec. 20, 2019, 133 Stat. 1773

    Source evidence

    Code source credit
    Added and amended Pub. L. 116–92, div. A, title XVI, § 1665(c)(1), Dec. 20, 2019, 133 Stat. 1773

    Enacted provision · exact public law section
    (1) Codification.— 10 USC 492a. Such section 1043, as amended by subsections (a) and (b), is— (A) transferred to chapter 24 of title 10, United States Code; (B) inserted after section 492; (C) redesignated as section 492a; and (D) amended— (i) in the enumerator, by striking “sec.” and inserting “§”; and (ii) in the section heading— (I) by striking the period at the end; and (II) by conforming the typeface and typestyle, including capitalization, to the typeface and typestyle as used in the section heading of section 491 of such title.

  2. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1665(c)(1)(D) · 133 Stat. 1198

    Amended · 10 U.S.C. § 492a

    Pub. L. 116–92, § 1665(c)(1)(D), conformed section designation and catchline to the style of this title

    Source evidence

    Code amendment note
    Pub. L. 116–92, § 1665(c)(1)(D), conformed section designation and catchline to the style of this title.

    Enacted provision · exact public law section
    (D) amended— (i) in the enumerator, by striking “sec.” and inserting “§”; and (ii) in the section heading— (I) by striking the period at the end; and (II) by conforming the typeface and typestyle, including capitalization, to the typeface and typestyle as used in the section heading of section 491 of such title.

  3. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1665(c)(1)(A) · 133 Stat. 1198

    Amended · 10 U.S.C. § 492a

    Pub. L. 116–92, § 1665(c)(1)(A)–(C), transferred section 1043 of Pub. L. 112–81, as amended, to this chapter and renumbered it as this section. See Codification note above

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–92, § 1665(c)(1)(A)–(C), transferred section 1043 of Pub. L. 112–81, as amended, to this chapter and renumbered it as this section. See Codification note above.

    Enacted provision · exact public law section
    (A) transferred to chapter 24 of title 10, United States Code;

  4. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1633(1) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 492a(c)(1)

    Pub. L. 116–283, § 1633(1), substituted “periodically review reports submitted” for “review each report”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 116–283, § 1633(1), substituted “periodically review reports submitted” for “review each report”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “review each report” and inserting “periodically review reports submitted”; and

  5. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1633(2) · 134 Stat. 3388

    Struck · 10 U.S.C. § 492a(c)(2)

    Pub. L. 116–283, § 1633(2), struck out “not later than 180 days after the date on which such report under subsection (a) is submitted,” before “submit to the congressional defense committees”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 116–283, § 1633(2), struck out “not later than 180 days after the date on which such report under subsection (a) is submitted,” before “submit to the congressional defense committees”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “not later” and all that follows through “submitted,”.

  6. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. A title XVI § 1635 · 136 Stat. 2395

    Substituted · 10 U.S.C. § 492a(a)(1)

    Pub. L. 117–263 substituted “2029” for “2024”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–263 substituted “2029” for “2024”.

    Enacted provision · exact public law section
    SEC. 1635. EXTENSION OF REQUIREMENT TO REPORT ON NUCLEAR WEAPONS STOCKPILE.   Section 492a(a)(1) of title 10, United States Code, is amended by striking “2024” and inserting “2029”.

  7. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. A title XVI § 1633 · 137 Stat. 136

    Added · 10 U.S.C. § 492a(d)

    Pub. L. 118–31 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 118–31 added subsec. (d).

    Enacted provision · exact public law section
    SEC. 1633. AMENDMENT TO ANNUAL REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, NUCLEAR WEAPONS DELIVERY SYSTEMS, AND NUCLEAR WEAPONS COMMAND AND CONTROL SYSTEMS.   Section 492a of title 10, United States Code, is amended by adding at the end the following new subsection: “(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) Notification. 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.” .

  8. Pub. L. 118–159 § 1624(1) · 138 Stat. 2173

    Substituted · 10 U.S.C. § 492a

    Pub. L. 118–159, § 1624(1), substituted “Biennial” for “Annual” in section catchline

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Pub. L. 118–159, § 1624(1), substituted “Biennial” for “Annual” in section catchline.

  9. Pub. L. 118–159 § 1624(2)(A) · 138 Stat. 2173

    Inserted · 10 U.S.C. § 492a(a)(1)

    Pub. L. 118–159, § 1624(2)(A), inserted “the odd-numbered” after “for each of”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 118–159, § 1624(2)(A), inserted “the odd-numbered” after “for each of”.

  10. Pub. L. 118–159 § 1624(2)(B) · 138 Stat. 2173

    Substituted · 10 U.S.C. § 492a(a)(2)(G)

    Pub. L. 118–159, § 1624(2)(B), substituted “report” for “year” in two places

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2)(G). Pub. L. 118–159, § 1624(2)(B), substituted “report” for “year” in two places.

  11. Pub. L. 118–159 § 1624(3) · 138 Stat. 2173

    1. Redesignated · 10 U.S.C. § 492a(b)

      Pub. L. 118–159, § 1624(3), struck out par. (1) designation and heading “Budgets for odd-numbered fiscal years” before “Not later than July 1”; redesignated subpars. (A) to (D) of former par. (1) as pars. (1) to (4), respectively; substituted “report required under subsection (a)” for “covered odd-numbered fiscal year report” in introductory provisions; struck out “covered odd-numbered fiscal year” before “report” in pars. (1) and (2);

    2. Struck · 10 U.S.C. § 492a(b)

      Pub. L. 118–159, § 1624(3), struck out former pars. (2) and (3) which provided for budget updates in even-numbered fiscal years and defined terms for covered even-numbered and odd-numbered fiscal year reports, respectively

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–159, § 1624(3), struck out par. (1) designation and heading “Budgets for odd-numbered fiscal years” before “Not later than July 1”; redesignated subpars. (A) to (D) of former par. (1) as pars. (1) to (4), respectively; substituted “report required under subsection (a)” for “covered odd-numbered fiscal year report” in introductory provisions; struck out “covered odd-numbered fiscal year” before “report” in pars. (1) and (2); and struck out former pars. (2) and (3) which provided for budget updates in even-numbered fiscal years and defined terms for covered even-numbered and odd-numbered fiscal year reports, respectively.

7 of 12 references resolved to an enrolled provision · 5 unresolved

Editorial Notes

Codification

Section, as added and amended by Pub. L. 116–92, is based on Pub. L. 112–81, div. A, title X, § 1043, , 125 Stat. 1576, as amended by Pub. L. 112–239, div. A, title X, § 1041(a), , 126 Stat. 1931; Pub. L. 113–66, div. A, title X, § 1054, , 127 Stat. 861; Pub. L. 113–291, div. A, title XVI, § 1643, , 128 Stat. 3650; Pub. L. 115–91, div. A, title XVI, § 1665, , 131 Stat. 1767; Pub. L. 115–232, div. A, title XVI, § 1670, , 132 Stat. 2157; Pub. L. 116–92, div. A, title XVI, § 1665(a), (b), , 133 Stat. 1773, which was transferred to this chapter and renumbered as this section.

Amendments2019–2024 · 5 rounds

2024

Pub. L. 118–159, § 1624(1), substituted “Biennial” for “Annual” in section catchline.

Subsec. (a)(1). Pub. L. 118–159, § 1624(2)(A), inserted “the odd-numbered” after “for each of”.

Subsec. (a)(2)(G). Pub. L. 118–159, § 1624(2)(B), substituted “report” for “year” in two places.

Subsec. (b). Pub. L. 118–159, § 1624(3), struck out par. (1) designation and heading “Budgets for odd-numbered fiscal years” before “Not later than July 1”; redesignated subpars. (A) to (D) of former par. (1) as pars. (1) to (4), respectively; substituted “report required under subsection (a)” for “covered odd-numbered fiscal year report” in introductory provisions; struck out “covered odd-numbered fiscal year” before “report” in pars. (1) and (2); and struck out former pars. (2) and (3) which provided for budget updates in even-numbered fiscal years and defined terms for covered even-numbered and odd-numbered fiscal year reports, respectively.

2023

Subsec. (d). Pub. L. 118–31 added subsec. (d).

2022

Subsec. (a)(1). Pub. L. 117–263 substituted “2029” for “2024”.

2021

Subsec. (c)(1). Pub. L. 116–283, § 1633(1), substituted “periodically review reports submitted” for “review each report”.

Subsec. (c)(2). Pub. L. 116–283, § 1633(2), struck out “not later than 180 days after the date on which such report under subsection (a) is submitted,” before “submit to the congressional defense committees”.

2019

Pub. L. 116–92, § 1665(c)(1)(D), conformed section designation and catchline to the style of this title.

Pub. L. 116–92, § 1665(c)(1)(A)–(C), transferred section 1043 of Pub. L. 112–81, as amended, to this chapter and renumbered it as this section. See Codification note above.

Credits

2019–2024 · 5 acts
  1. 2019Added and amended Pub. L. 116–92, div. A, title XVI, § 1665(c)(1), , 133 Stat. 1773
  2. 2021Pub. L. 116–283, div. A, title XVI, § 1633, , 134 Stat. 4059
  3. 2022Pub. L. 117–263, div. A, title XVI, § 1635, , 136 Stat. 2939
  4. 2023Pub. L. 118–31, div. A, title XVI, § 1633, , 137 Stat. 592
  5. 2024Pub. L. 118–159, div. A, title XVI, § 1624, , 138 Stat. 2173.
Show as published

(Added and amended Pub. L. 116–92, div. A, title XVI, § 1665(c)(1), , 133 Stat. 1773; Pub. L. 116–283, div. A, title XVI, § 1633, , 134 Stat. 4059; Pub. L. 117–263, div. A, title XVI, § 1635, , 136 Stat. 2939; Pub. L. 118–31, div. A, title XVI, § 1633, , 137 Stat. 592; Pub. L. 118–159, div. A, title XVI, § 1624, , 138 Stat. 2173.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s492a