10 U.S.C. § 492a — Biennial report on the plan for the nu-

Page 494 TITLE 10—ARMED FORCES § 492a Statutory Notes and Related Subsidiaries INITIAL ASSESSMENT AND REPORTS Pub. L. 112–81, div. A, title X, § 1041(b), Dec. 31, 2011, 125 Stat. 1574, as amended by Pub. L. 112–239, div. A, title X, § 1031(b)(4), Jan. 2, 2013, 126 Stat. 1919; Pub. L. 113–66, div. A, title X, § 1091(b)(6), Dec. 26, 2013, 127 Stat. 876, provided that: ‘‘Not later than 30 days after the date of enactment of this Act [Dec. 31, 2011], each cov- ered official, as such term is defined in subsection (d) of section 492 of title 10, United States Code, shall con- duct an initial assessment as described by subsection (a) of such section and submit an initial report as de- scribed by subsection (b) of such section. The require- ments of subsection (c) of such section shall apply with respect to the report submitted under this subsection.’’ [Pub. L. 113–66, div. A, title X, § 1091(b), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment made by section 1091(b)(6) is effective as of Jan. 2, 2013, and as if included in Pub. L. 112–239 as enacted.] § 492a. Biennial report on the plan for the nu- clear 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 the odd-num- bered fiscal years 2013 through 2029, the Presi- dent, in consultation with the Secretary of Defense and the Secretary of Energy, shall transmit to the congressional defense commit- tees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Af- fairs of the House of Representatives a de- tailed report on the plan for the nuclear weap- ons stockpile, nuclear weapons complex, nu- clear 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 work- force, 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 deliv- ery systems, or any platforms (including silos and submarines) which carry such nu- clear warheads, bombs, or delivery systems. (F) In accordance with paragraph (3), a de- tailed 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 fol- lowing the date of the report, including the applicable and appropriate costs associated with the procurement, military construc- tion, operation and maintenance, and re- search, 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 under- standing the long-term nuclear moderniza- tion plan. (G) A detailed description of the steps taken to implement the plan submitted in the previous report, including difficulties en- countered in implementing the plan in the previous report. (3) BUDGET ESTIMATE CONTENTS AND METHOD- OLOGY.— Each budget estimate under para- graph (2)(F) shall include a detailed descrip- tion 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 Sec- retary of Energy jointly determine that a re- port 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 sub- mission of that budget to Congress, pro- vide a briefing to those committees on the content of the report. (B) LIMITATION.—In no case may the Presi- dent transmit a report required by para- graph (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 re- port 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 pe- riod 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, mod- ernization, or replacement; Page 495 TITLE 10—ARMED FORCES § 492b (3) an estimate of the relative percentage of total defense spending during such period rep- resented by the costs estimated under sub- paragraphs (A) and (B); and (4) an estimate of the relative percentage of total acquisition costs of the military depart- ments and of the Department of Defense dur- ing 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 com- pleteness with respect to the matters de- scribed in paragraphs (2)(F) and (3) of such subsection; and (2) submit to the congressional defense com- mittees 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 com- plete an independent assessment of any oper- ational effects of the sufficiency of the execu- tion, 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 evalua- tion of the ongoing execution of moderniza- tion programs associated with— (A) the nuclear weapons design, produc- tion, and sustainment infrastructure; (B) the nuclear weapons stockpile; (C) the delivery systems for nuclear weap- ons; and (D) the nuclear command, control, and communications system. (3) ROUTING AND SUBMISSION.— (A) SUBMISSION TO NUCLEAR WEAPONS COUN- CIL.—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 Chair- man of the Nuclear Weapons Council; and (ii) notify the congressional defense com- mittees that the assessment has been sub- mitted to the Chairman of the Nuclear Weapons Council. (B) SUBMISSION TO CONGRESS.—Not later than 15 days after the Chairman of the Nu- clear Weapons Council receives an assess- ment required by paragraph (1), the Chair- man shall transmit the assessment, without change, to the congressional defense com- mittees. (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.) 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, Dec. 31, 2011, 125 Stat. 1576, as amended by Pub. L. 112–239, div. A, title X, § 1041(a), Jan. 2, 2013, 126 Stat. 1931; Pub. L. 113–66, div. A, title X, § 1054, Dec. 26, 2013, 127 Stat. 861; Pub. L. 113–291, div. A, title XVI, § 1643, Dec. 19, 2014, 128 Stat. 3650; Pub. L. 115–91, div. A, title XVI, § 1665, Dec. 12, 2017, 131 Stat. 1767; Pub. L. 115–232, div. A, title XVI, § 1670, Aug. 13, 2018, 132 Stat. 2157; Pub. L. 116–92, div. A, title XVI, § 1665(a), (b), Dec. 20, 2019, 133 Stat. 1773, which was transferred to this chapter and renumbered as this section. AMENDMENTS 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), sub- stituted ‘‘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’’; redesig- nated 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), sub- stituted ‘‘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 ‘‘sub- mit 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. § 492b. Biannual briefing on nuclear weapons and related activities (a) IN GENERAL.—On or about May 1 and No- vember 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 relat- ing to nuclear weapons policies, operations, technology development, and other similar top- ics as requested by such committees. (b) OFFICIALS SPECIFIED.—The officials speci- fied in this subsection are the following: (1) The Assistant Secretary of Defense for Acquisition. (2) The Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs. (3) The Assistant Secretary of Defense for Space Policy. (4) The Deputy Administrator for Defense Programs of the National Nuclear Security Administration.