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10 U.S.C. § 491 — Nuclear weapons employment strategy of the United States: reports on modification of strategy
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=gran
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Source file: Laws/federal/codes/united-states-code/title-10/section-491-nuclear-weapons-employment-strategy-of-the-united-states-reports-on-modi--b75bb201f8.md
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Source location: Title 10, Chapter 24, § 491; chapter-024-nuclear-posture.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section492a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section494/a/2/A&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003/4&num=0&edition=prelim))) as to whether the United States will have significant warning of a strategic surprise or breakout caused by foreign nuclear weapons developments.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption by Director of Central Intelligence Agency** The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith.
**(b) “Operational files” defined** In this section, the term “operational files” means—
(1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and
(3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated intelligence are not operational files.
**(c) Search and review for information** Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning—
(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section55
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is within the Department of Defense a council to be known as the “Council on Oversight of the National Leadership Command, Control, and Communications System” (in this section referred to as the “Council”).
**(b) Membership.—** The members of the Council shall be as follows:
(1) The Under Secretary of Defense for Policy.
(2) The Under Secretary of Defense for Acquisition and Sustainment.
(3) The Vice Chairman of the Joint Chiefs of Staff.
(4) The Commander of the United States Strategic Command.
(5) The Director of the National Security Agency.
(6) The Chief Information Officer of the Department of Defense.
(7) The Director of the White House Military Office.
(8) Such other officers of the Department of Defense as the Secretary may designate.
**(c) Co-Chair.—** The Council shall be co-chaired by the Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff.
**(d) Responsibilities.—**
(1) The Council shall be responsible for oversight of the command, control, and communications system for the national leadership of the United States, including nuclear command, control, and communications, and including with respect to the integrated tactical warning and attack assessment systems, processes, and enablers, and continuity of the governmental functions of the Department of Defense.
(2) In carrying out the responsibility for oversight of the command, control, and communications system as specified in paragraph (1), the Council shall be responsible for the following:
(A) Oversight of performance assessments (including interoperability).
(B) Vulnerability identification and mitigation.
(C) Architecture development (including space system architectures and associated user term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 171a
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), 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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 492a
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
It shall be the policy of the Commission to control the dissemination and declassification of Restricted Data in such a manner as to assure the common defense and security. Consistent with such policy, the Commission shall be guided by the following principles:
**(a)** Until effective and enforceable international safeguards against the use of atomic energy for destructive purposes have been established by an international arrangement, there shall be no exchange of Restricted Data with other nations except as authorized by [section 2164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2164&num=0&edition=prelim); and
**(b)** The dissemination of scientific and technical information relating to atomic energy should be permitted and encouraged so as to provide that free interchange of ideas and criticism which is essential to scientific and industrial progress and public understanding and to enlarge the fund of technical information.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2161
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is an Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed as Under Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
**(b)**
(1) The Under Secretary shall perform such duties and exercise such powers as the Secretary of Defense may prescribe.
(2) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall be responsible and have overall direction and supervision for—
(A) the development, implementation, and integration across the Department of Defense of the National Defense Strategy (as described by [section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113&num=0&edition=prelim)) and strategic policy guidance for the activities of the Department of Defense across all geographic regions and military functions and domains;
(B) the integration of the activities of the Department into the National Security Strategy of the United States;
(C) the development of policy guidance for the preparation of campaign and contingency plans by the combatant commands, and for the review of such plans;
(D) the preparation of policy guidance for the development of the global force posture;
(E) the development of the Defense Planning Guidance that guides the formulation of program and budget requests by the military departments and other elements of the Department; and
(F) the development of strategic policy guidance for the Department of Defense to enable the achievement of Presidential objectives outlined within the nuclear weapons employment guidance of the United States, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 134
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Federal law — U.S. Code and appendices · legal_authorities
Page 489
TITLE 10—ARMED FORCES
§ 491
[§ 490. Repealed. Pub. L. 112–81, div. A, title X,
§ 1061(10)(A), Dec. 31, 2011, 125 Stat. 1583]
Section, added Pub. L. 110–181, div. A, title IX,
§ 912(a), Jan. 28, 2008, 122 Stat. 280; amended Pub. L.
111–84, div. A, title X, § 1073(a)(6), Oct. 28, 2009, 123 Stat.
2472, related to management of space cadre personnel
and submission of a biennial report.
[§ 490a. Renumbered § 492]
CHAPTER 24—NUCLEAR POSTURE
Sec.
491.
Nuclear weapons employment strategy of the
United States: reports on modification of
strategy.
492.
Biennial assessment and report on the deliv-
ery platforms for nuclear weapons and the
nuclear command and control system.
492a.
Biennial report on the plan for the nuclear
weapons stockpile, nuclear weapons com-
plex, nuclear weapons delivery systems, and
nuclear weapons command and control sys-
tem.
492b.
Biannual briefing on nuclear weapons and re-
lated 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 Sen-
tinel programs.
494.
Nuclear force reductions.
495.
Strategic delivery systems.
496.
Consideration of expansion of nuclear forces
of other countries.
497.
Notification required for reduction, consoli-
dation, or withdrawal of nuclear forces
based in Europe.
497a.
Notification required for reduction or consoli-
dation of dual-capable aircraft based in Eu-
rope.
498.
Unilateral change in nuclear weapons stock-
pile of the United States.
499.
Annual assessment of cyber resiliency of nu-
clear command and control system.
499a.
Collection, storage, and sharing of data relat-
ing to nuclear security enterprise and nu-
clear forces
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 491
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
**(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
(6) An assessment of foreign malign influence efforts relating to such threats, including any foreign
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
Page 559
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3003
Stat. 495, known as the National Security Act of 1947,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Tables.
CODIFICATION
Section was formerly classified to section 401 of this
title prior to editorial reclassification and renumbering
as this section.
AMENDMENTS
1958—Pub. L. 85–599 amended section generally, and,
among other changes, provided that each military de-
partment shall be separately organized, instead of sepa-
rately administered, under its own Secretary and shall
function under the direction, authority, and control of
the Secretary of Defense, and inserted provisions relat-
ing to establishment of unified or specified combatant
commands and for elimination of unnecessary duplica-
tion.
1949—Act Aug. 10, 1949, provided that the military de-
partments shall be separately administered but be
under the direction of the Secretary of Defense, and
that there shall not be a single Chief of Staff over the
armed forces nor an armed forces general staff.
§ 3003. Definitions
As used in this chapter:
(1) The term ‘‘intelligence’’ includes foreign
intelligence and counterintelligence.
(2) The term ‘‘foreign intelligence’’ means
information relating to the capabilities, inten-
tions, or activities of foreign governments or
elements thereof, foreign organizations, or for-
eign persons, or international terrorist activi-
ties.
(3) The term ‘‘counterintelligence’’ means
information gathered, and activities con-
ducted, to protect against espionage, other in-
telligence activities, sabotage, or assassina-
tions conducted by or on behalf of foreign gov-
ernments or elements thereof, foreign organi-
zations, or foreign persons, or international
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3003
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3003. This identifies an authority to review, not proof of applicability.