10 U.S.C. § 491 — Nuclear weapons employment strategy of

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 Repealed.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. 499b. Participation in United States Strategic Command strategic deterrence exercises. 499c. Portfolio management framework for nuclear forces. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title XVI, § 1624(1), Dec. 23, 2024, 138 Stat. 2173, substituted ‘‘Biennial’’ for ‘‘An- nual’’ in item 492a. Amendment was made pursuant to operation of section 102 of this title. 2022—Pub. L. 117–263, div. A, title XVI, §§ 1631, 1632, 1634(a), Dec. 23, 2022, 136 Stat. 2934, 2938, added items 492b, 493a, and 499c. 2021—Pub. L. 117–81, div. A, title XVI, § 1631, Dec. 27, 2021, 135 Stat. 2089, added item 499b. 2019—Pub. L. 116–92, div. A, title XVI, § 1665(c)(2), Dec. 20, 2019, 133 Stat. 1774, added item 492a. 2017—Pub. L. 115–91, div. A, title XVI, §§ 1651(b), 1652(b), Dec. 12, 2017, 131 Stat. 1757, 1758, added items 499 and 499a. 2013—Pub. L. 113–66, div. A, title X, § 1051(b)(2), Dec. 26, 2013, 127 Stat. 859, added item 497a. Pub. L. 112–239, div. A, title X, §§ 1031(b)(1), (3)(C)(i), 1033(b)(2)(A), 1035(b), 1036(b), 1037(b)(2), 1038(b), Jan. 2, 2013, 126 Stat. 1918, 1919, 1921, 1924, 1925, 1927, added chapter heading and items 491 to 498. § 491. Nuclear weapons employment strategy of the United States: reports on modification of strategy (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 modi- fication 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, ex- tended 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 em- ployment strategy, plans, and options of the United States. (c) REPORTS ON NUCLEAR POSTURE REVIEW IM- PLEMENTATION STUDY DECISIONS.—During each of fiscal years 2022 through 2031, not later than 60 days before the date on which the President car- ries out the results of the decisions made pursu- ant to a Nuclear Posture Review Implementa- tion Study that would alter the nuclear weapons employment strategy, guidance, plans, or op- tions of the United States, the President shall— (1) ensure that the report required by section 492a of this title is transmitted to Congress, if so required under such section; (2) ensure that the report required under sec- tion 494(a)(2)(A) of this title is transmitted to Congress, if so required under such section; and (3) transmit to the congressional defense committees a report providing the high-, me- dium-, 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))) as to whether the United States will have significant warning of a stra- tegic surprise or breakout caused by foreign nuclear weapons developments. (Added Pub. L. 112–81, div. A, title X, § 1046(b)(1), Dec. 31, 2011, 125 Stat. 1579; amended Pub. L. 112–239, div. A, title X, §§ 1031(a), 1032, Jan. 2, 2013, 126 Stat. 1917, 1919; Pub. L. 113–66, div. A, title X, § 1052(b), Dec. 26, 2013, 127 Stat. 861; Pub. L. 113–291, div. A, title X, § 1071(c)(10), Dec. 19, 2014, 128 Stat. 3509; Pub. L. 117–263, div. A, title XVI, § 1637, Dec. 23, 2022, 136 Stat. 2940; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(8), Dec. 22, 2023, 137 Stat. 684.) Page 490 TITLE 10—ARMED FORCES § 491 Editorial Notes CODIFICATION Section was formerly part of chapter 23 of this title, prior to being transferred to this chapter by Pub. L. 112–239, § 1031(a)(1). AMENDMENTS 2023—Subsec. (c). Pub. L. 118–31 substituted ‘‘pursuant to a’’ for ‘‘pursuant to the a’’ in introductory provi- sions. 2022—Subsec. (c). Pub. L. 117–263, § 1637(1), (2), struck out ‘‘2010’’ after ‘‘Reports on’’ in heading and sub- stituted ‘‘2022 through 2031’’ for ‘‘2012 through 2021’’ and ‘‘a’’ for ‘‘2010’’ in introductory provisions. Subsec. (c)(1). Pub. L. 117–263, § 1637(3), added par. (1) and struck out former par. (1) which read as follows: ‘‘ensure that the annual report required under section 1043(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576) is transmitted to Congress, if so required;’’. 2014—Subsec. (c)(3). Pub. L. 113–291 substituted ‘‘(50 U.S.C. 3003(4))’’ for ‘‘(50 U.S.C. 401a(4))’’. 2013—Pub. L. 112–239, § 1031(a)(2)(A)–(D), inserted ‘‘weapons’’ after ‘‘Nuclear’’ in section catchline, sub- stituted ‘‘nuclear weapons employment strategy’’ for ‘‘nuclear employment strategy’’ in two places in intro- ductory provisions and ‘‘to the nuclear weapons em- ployment strategy, plans, and options of’’ for ‘‘to nu- clear employment strategy of’’ in par. (1), and added par. (4). Subsec. (a). Pub. L. 112–239, § 1032(a), substituted ‘‘By not later than 60 days before the date on which the President implements’’ for ‘‘On the date on which the President issues’’ in introductory provisions. Pub. L. 112–239, § 1031(a)(2)(E), designated existing pro- visions as subsec. (a) and inserted heading. Subsec. (b). Pub. L. 112–239, § 1031(a)(2)(F), added sub- sec. (b). Subsec. (c). Pub. L. 113–66, § 1052(b), redesignated sub- sec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: ‘‘(1) The Secretary of Defense shall submit to the con- gressional defense committees written notification of an anomaly in the nuclear command, control, and com- munications system of the United States that is re- ported to the Secretary of Defense or the Nuclear Weapons Council by not later than 14 days after the date on which the Secretary or the Council learns of such anomaly, as the case may be. ‘‘(2) In this subsection, the term ‘anomaly’ means any unplanned, irregular, or abnormal event, whether unex- plained or caused intentionally or unintentionally by a person or a system.’’ Pub. L. 112–239, § 1031(a)(2)(F), added subsec. (c). Subsec. (d). Pub. L. 113–66, § 1052(b)(2), redesignated subsec. (d) as (c). Pub. L. 112–239, § 1032(b), added subsec. (d). Statutory Notes and Related Subsidiaries REPORTS AND BRIEFINGS ON RECOMMENDATIONS OF THE CONGRESSIONAL COMMISSION ON THE STRATEGIC POS- TURE OF THE UNITED STATES Pub. L. 118–159, div. A, title XVI, § 1637(a), Dec. 23, 2024, 138 Stat. 2180, provided that: ‘‘(a) STATEMENT OF POLICY.—It is the policy of the United States that— ‘‘(1) the deterrence of strategic attacks, and in par- ticular nuclear attacks, against the United States and its allies is the highest defense priority of the United States; and ‘‘(2) the Secretary of Defense and the Secretary of Energy are provided with all necessary authorities and resources required to ensure the maintenance of a modern, effective strategic deterrent to meet the emerging suite of unprecedented strategic threats against the United States.’’ STATEMENT OF POLICY ON USE OF ARTIFICIAL INTELLIGENCE EFFORTS Pub. L. 118–159, div. A, title XVI, § 1638(b), Dec. 23, 2024, 138 Stat. 2181, provided that: ‘‘It is the policy of the United States that the use of artificial intelligence efforts should not compromise the integrity of nuclear safeguards, whether through the functionality of weap- ons systems, the validation of communications from command authorities, or the principle of requiring positive human actions in execution of decisions by the President with respect to the employment of nuclear weapons.’’ CONGRESSIONAL NOTIFICATION OF NUCLEAR COOPERATION BETWEEN RUSSIA AND CHINA Pub. L. 118–31, div. A, title XVI, § 1649, Dec. 22, 2023, 137 Stat. 601, provided that: ‘‘If the Commander of the United States Strategic Command determines, after consultation with the Director of the Defense Intel- ligence Agency, that militarily significant cooperation between the Russian Federation and the People’s Re- public of China related to nuclear or strategic capabili- ties is likely to occur or has likely occurred, the Com- mander shall submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] a notification of such determination that in- cludes— ‘‘(1) a description of the military significant co- operation; and ‘‘(2) an assessment of the implication of such co- operation for the United States with respect to nu- clear deterrence, extended deterrence, assurance, and defense.’’ PLAN TO TRAIN OFFICERS IN NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS Pub. L. 115–232, div. A, title XVI, § 1668, Aug. 13, 2018, 132 Stat. 2156, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense, in con- sultation with the Secretary of the Air Force, the Sec- retary of the Navy, the Chairman of the Joint Chiefs of Staff, and the Commander of the United States Stra- tegic Command, shall develop a plan to train, educate, manage, and track officers of the Armed Forces in nu- clear command, control, and communications. ‘‘(b) ELEMENTS.—The plan required by subsection (a) shall address— ‘‘(1) manpower requirements at various grades; ‘‘(2) desired career paths and promotion timing; and ‘‘(3) any other matters the Secretary of Defense considers relevant to develop a mature cadre of offi- cers with nuclear command, control, and communica- tions expertise. ‘‘(c) SUBMISSION OF PLAN.—Not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall submit to the Com- mittees on Armed Services of the Senate and the House of Representatives the plan required by subsection (a). ‘‘(d) IMPLEMENTATION.—Not later than 18 months after the date of the enactment of this Act, the Sec- retary of Defense shall implement the plan required by subsection (a).’’ ESTABLISHMENT OF NUCLEAR COMMAND AND CONTROL INTELLIGENCE FUSION CENTER Pub. L. 115–91, div. A, title XVI, § 1655, Dec. 12, 2017, 131 Stat. 1760, provided that: ‘‘(a) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense and the Director of National In- telligence shall jointly establish an intelligence fusion center to effectively integrate and unify the protection of nuclear command, control, and communications pro- grams, systems, and processes and continuity of gov- ernment programs, systems, and processes. ‘‘(b) CHARTER.—In establishing the fusion center under subsection (a), the Secretary and the Director shall develop a charter for the fusion center that in- cludes the following: Page 491 TITLE 10—ARMED FORCES § 491 ‘‘(1) To carry out the duties of the fusion center, a description of— ‘‘(A) the roles and responsibilities of officials and elements of the Federal Government, including a detailed description of the organizational relation- ships of such officials and the elements of the Fed- eral Government that are key stakeholders; ‘‘(B) the organization reporting chain of the fu- sion center; ‘‘(C) the staffing of the fusion center; ‘‘(D) the processes of the fusion center; and ‘‘(E) how the fusion center integrates with other elements of the Federal Government. ‘‘(2) The management and administration processes required to carry out the fusion center, including with respect to facilities and security authorities. ‘‘(3) Procedures to ensure that the appropriate number of staff of the fusion center have the security clearance necessary to access information on the pro- grams, systems, and processes that relate, either wholly or substantially, to nuclear command, con- trol, and communications or continuity of govern- ment, including with respect to both the programs, systems, and processes that are designated as special access programs (as described in section 4.3 of Execu- tive Order 13526 (50 U.S.C. 3161 note) or any successor Executive order) and the programs, systems, and processes that contain sensitive compartmented in- formation. ‘‘(c) COORDINATION.—In establishing the fusion center under subsection (a), the Secretary and the Director shall coordinate with the elements of the Federal Gov- ernment that the Secretary and Director determine ap- propriate. ‘‘(d) REPORTS.— ‘‘(1) INITIAL REPORT.—Not later than 120 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary and the Director shall jointly submit to the appropriate congressional committees a report containing— ‘‘(A) the charter for the fusion center developed under subsection (b); and ‘‘(B) a plan on the budget and staffing of the fu- sion center. ‘‘(2) ANNUAL REPORTS.—At the same time as the President submits to Congress the annual budget re- quest under section 1105 of title 31, United States Code, for fiscal year 2019 and each fiscal year there- after, the Secretary and the Director shall submit to the appropriate congressional committees a report on the fusion center, including, with respect to the pe- riod covered by the report— ‘‘(A) any updates to the plan on the budget and staffing of the fusion center; ‘‘(B) any updates to the charter developed under subsection (b); and ‘‘(C) a summary of the activities and accomplish- ments of the fusion center. ‘‘(3) SUNSET.—No report is required under this sub- section after December 31, 2021. ‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; and ‘‘(2) the Permanent Select Committee on Intel- ligence of the House of Representatives and the Se- lect Committee on Intelligence of the Senate.’’ SECURITY OF NUCLEAR COMMAND, CONTROL, AND COM- MUNICATIONS SYSTEM FROM COMMERCIAL DEPEND- ENCIES Pub. L. 115–91, div. A, title XVI, § 1656, Dec. 12, 2017, 131 Stat. 1761, provided that: ‘‘(a) CERTIFICATION.—Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall certify to the congressional defense committees whether the Secretary uses covered telecommunications equipment or services as a sub- stantial or essential component of any system, or as critical technology as part of any system, to carry out— ‘‘(1) the nuclear deterrence mission of the Depart- ment of Defense, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and con- tinuity of government; or ‘‘(2) the homeland defense mission of the Depart- ment, including with respect to ballistic missile de- fense. ‘‘(b) PROHIBITION AND MITIGATION.— ‘‘(1) PROHIBITION.—Except as provided by paragraph (2), beginning on the date that is one year after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense may not procure or obtain, or extend or renew a contract to procure or obtain, any equipment, system, or service to carry out the mis- sions described in paragraphs (1) and (2) of subsection (a) that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘(2) WAIVER.—The Secretary may waive the prohi- bition in paragraph (1) on a case-by-case basis for a single one-year period if the Secretary— ‘‘(A) determines such waiver to be in the national security interests of the United States; and ‘‘(B) certifies to the congressional committees that— ‘‘(i) there are sufficient mitigations in place to guarantee the ability of the Secretary to carry out the missions described in paragraphs (1) and (2) of subsection (a); and ‘‘(ii) the Secretary is removing the use of cov- ered telecommunications equipment or services in carrying out such missions. ‘‘(3) DELEGATION.—The Secretary may not delegate the authority to make a waiver under paragraph (2) to any official other than the Deputy Secretary of Defense or the co-chairs of the Council on Oversight of the National Leadership Command, Control, and Communications System established by section 171a of title 10, United States Code. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘congressional defense committees’ has the meaning given that term in section 101(a)(16) of title 10, United States Code. ‘‘(2) The term ‘covered foreign country’ means any of the following: ‘‘(A) The People’s Republic of China. ‘‘(B) The Russian Federation. ‘‘(3) The term ‘covered telecommunications equip- ment or services’ means any of the following: ‘‘(A) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). ‘‘(B) Telecommunications services provided by such entities or using such equipment. ‘‘(C) Telecommunications equipment or services produced or provided by an entity that the Sec- retary of Defense reasonably believes to be an enti- ty owned or controlled by, or otherwise connected to, the government of a covered foreign country.’’ SECURITY CLASSIFICATION GUIDE FOR PROGRAMS RE- LATING TO NUCLEAR COMMAND, CONTROL, AND COM- MUNICATIONS AND NUCLEAR DETERRENCE Pub. L. 115–91, div. A, title XVI, § 1658, Dec. 12, 2017, 131 Stat. 1763, provided that: ‘‘(a) REQUIREMENT FOR SECURITY CLASSIFICATION GUIDE.—Not later than 90 days after the date of the en- actment of this Act [Dec. 12, 2017], the Secretary of De- fense shall require the issuance of a security classifica- tion guide for each covered program to ensure the pro- tection of sensitive information from public disclosure. ‘‘(b) REQUIREMENTS.—Each security classification guide issued pursuant to subsection (a) shall be— ‘‘(1) approved by— ‘‘(A) the Council on Oversight of the National Leadership Command, Control, and Communica- Page 492 TITLE 10—ARMED FORCES § 491 tions System with respect to covered programs under paragraph (1) or (2) of subsection (c) [prob- ably should be ‘‘subsection (e)’’]; or ‘‘(B) the Nuclear Weapons Council with respect to covered programs under paragraph (3) of such sub- section; and ‘‘(2) issued not later than March 19, 2019, with re- spect to a covered program in existence as of such date. ‘‘(c) ANNUAL NOTIFICATIONS.—On an annual basis dur- ing the three-year period beginning on the date of the enactment of this Act [Dec. 12, 2017], the Deputy Sec- retary of Defense, without delegation, shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the status of imple- menting subsection (a), including a description of any challenges to such implementation. ‘‘(d) EXCLUSION.—This section shall not apply with re- spect to restricted data covered by chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.). ‘‘(e) COVERED PROGRAM DEFINED.—In this section, the term ‘covered program’ means programs of the Depart- ment of Defense in existence on or after the date of the enactment of this Act [Dec. 12, 2017] relating to any of the following: ‘‘(1) Continuity of government. ‘‘(2) Nuclear command, control, and communica- tions. ‘‘(3) Nuclear deterrence.’’ EVALUATION AND ENHANCED SECURITY OF SUPPLY CHAIN FOR NUCLEAR COMMAND, CONTROL, AND COM- MUNICATIONS AND CONTINUITY OF GOVERNMENT PRO- GRAMS Pub. L. 115–91, div. A, title XVI, § 1659, Dec. 12, 2017, 131 Stat. 1764, provided that: ‘‘(a) EVALUATIONS OF SUPPLY CHAIN VULNERABILITIES.— ‘‘(1) IN GENERAL.—Not later than December 31, 2019, and in accordance with the plan under paragraph (2)(A), the Secretary of Defense shall conduct evalua- tions of the supply chain vulnerabilities of each cov- ered program. ‘‘(2) PLAN.— ‘‘(A) DEVELOPMENT.—The Secretary shall develop a plan to carry out the evaluations under paragraph (1), including with respect to the personnel and re- sources required to carry out such evaluations. ‘‘(B) SUBMISSION.—Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary shall submit to the congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the plan under subparagraph (A). ‘‘(3) WAIVER.—The Secretary may waive, on a case- by-case basis with respect to a weapons system, a program, or a system of systems, of a covered pro- gram, either the requirement to conduct an evalua- tion under paragraph (1) or the deadline specified in such paragraph if the Secretary certifies to the con- gressional defense committees before such date that all known supply chain vulnerabilities of such weap- ons system, program, or system of systems have minimal consequences for the capability of such weapons system, program, or system of systems to meet operational requirements or otherwise satisfy mission requirements. ‘‘(4) RISK MITIGATION STRATEGIES.—In carrying out an evaluation under paragraph (1) with respect to a covered program specified in subparagraph (B) or (C) of subsection (c)(2), the Secretary shall develop strat- egies for mitigating the risks of supply chain vulnerabilities identified in the course of such eval- uation. ‘‘(b) PRIORITIZATION OF CERTAIN SUPPLY CHAIN RISK MANAGEMENT EFFORTS.— ‘‘(1) INSTRUCTIONS.—Not later than 180 days after the date of the enactment of this Act [Dec. 12, 2017], the Secretary shall issue a Department of Defense In- struction, or update such an Instruction, establishing the prioritization of supply chain risk management programs, including supply chain risk management threat assessment reporting, to ensure that acquisi- tion and sustainment programs relating to covered programs receive the highest priority of such supply chain risk management programs and reporting. ‘‘(2) REQUIREMENTS.— ‘‘(A) ESTABLISHMENT.—The Secretary shall estab- lish requirements to carry out supply chain risk management threat assessment collections and analyses under acquisition and sustainment pro- grams relating to covered programs. ‘‘(B) SUBMISSION.—Not later than 120 days after the date of the enactment of this Act, the Sec- retary shall submit to the appropriate congres- sional committees the requirements established under subparagraph (A). ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘appropriate congressional commit- tees’ means— ‘‘(A) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; and ‘‘(B) the Permanent Select Committee on Intel- ligence of the House of Representatives and the Se- lect Committee on Intelligence of the Senate. ‘‘(2) The term ‘covered programs’ means programs relating to any of the following: ‘‘(A) Nuclear weapons. ‘‘(B) Nuclear command, control, and communica- tions. ‘‘(C) Continuity of government. ‘‘(D) Ballistic missile defense.’’ STATEMENT OF POLICY ON THE NUCLEAR TRIAD Pub. L. 114–92, div. A, title XVI, § 1664, Nov. 25, 2015, 129 Stat. 1128, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) the triad of strategic nuclear delivery systems plays a critical role in ensuring the national security of the United States; and ‘‘(2) retaining all three legs of the nuclear triad is among the highest priorities of the Department of Defense and will best maintain strategic stability at a reasonable cost, while hedging against potential technical problems and vulnerabilities. ‘‘(b) STATEMENT OF POLICY.—It is the policy of the United States— ‘‘(1) to operate, sustain, and modernize or replace the triad of strategic nuclear delivery systems con- sisting of— ‘‘(A) heavy bombers equipped with nuclear grav- ity bombs and air-launched nuclear cruise missiles; ‘‘(B) land-based intercontinental ballistic missiles equipped with nuclear warheads that are capable of carrying multiple independently targetable reentry vehicles; and ‘‘(C) ballistic missile submarines equipped with submarine launched ballistic missiles and multiple nuclear warheads; ‘‘(2) to operate, sustain, and modernize or replace a capability to forward-deploy nuclear weapons and dual-capable fighter-bomber aircraft; ‘‘(3) to deter potential adversaries and assure allies and partners of the United States through strong and long-term commitment to the nuclear deterrent of the United States and the personnel, systems, and in- frastructure that comprise such deterrent; ‘‘(4) to ensure that the members of the Armed Forces who operate the nuclear deterrent of the United States have the training, resources, and na- tional support required to execute the critical na- tional security mission of the members; and ‘‘(5) to achieve a modern and responsive nuclear in- frastructure to support the full spectrum of deter- rence requirements.’’ Pub. L. 113–291, div. A, title XVI, § 1652, Dec. 19, 2014, 128 Stat. 3654, provided that: ‘‘It is the policy of the United States— Page 493 TITLE 10—ARMED FORCES § 492 ‘‘(1) to operate, sustain, and modernize or replace the triad of strategic nuclear delivery systems con- sisting of— ‘‘(A) heavy bombers equipped with nuclear grav- ity bombs and air-launched nuclear cruise missiles; ‘‘(B) land-based intercontinental ballistic missiles equipped with nuclear warheads that are capable of carrying multiple independently targetable reentry vehicles; and ‘‘(C) ballistic missile submarines equipped with submarine launched ballistic missiles and multiple nuclear warheads; ‘‘(2) to operate, sustain, and modernize or replace a capability to forward-deploy nuclear weapons and dual-capable fighter-bomber aircraft; ‘‘(3) to deter potential adversaries and assure allies and partners of the United States through strong and long-term commitment to the nuclear deterrent of the United States and the personnel, systems, and in- frastructure that comprise such deterrent; and ‘‘(4) to ensure that the members of the Armed Forces who operate the nuclear deterrent of the United States have the training, resources, and na- tional support required to execute the critical na- tional security mission of the members.’’ Executive Documents DELEGATION OF REPORTING FUNCTIONS SPECIFIED IN SECTION 491 OF TITLE 10, UNITED STATES CODE Memorandum of President of the United States, June 19, 2013, 78 F.R. 37923, provided: Memorandum for the Secretary of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to you the reporting functions conferred upon the President by section 491 of title 10, United States Code. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 492. Biennial assessment and report on the de- livery platforms for nuclear weapons and the nuclear command and control system (a) BIENNIAL ASSESSMENTS.—(1) For each even- numbered year, each covered official shall assess the safety, security, reliability, sustainability, performance, and military effectiveness of, and the ability to meet operational availability re- quirements for, the systems described in para- graph (2) for which such official has responsi- bility. (2) The systems described in this paragraph are the following: (A) Each type of delivery platform for nu- clear weapons. (B) The nuclear command and control sys- tem. (b) BIENNIAL REPORT.—(1) Not later than De- cember 1 of each even-numbered year, each cov- ered official shall submit to the Secretary of De- fense and the Nuclear Weapons Council estab- lished by section 179 of this title a report on the assessments conducted under subsection (a). (2) Each report under paragraph (1) shall in- clude the following: (A) The results of the assessment. (B) An identification and discussion of any capability gaps or shortfalls with respect to the systems described in subsection (a)(2) cov- ered under the assessment. (C) An identification and discussion of any risks with respect to meeting mission or capa- bility requirements. (D) In the case of an assessment by the Com- mander of the United States Strategic Com- mand, if the Commander identifies any defi- ciency with respect to a nuclear weapons de- livery platform covered under the assessment, a discussion of the relative merits of any other nuclear weapons delivery platform type or compensatory measure that would accomplish the mission of such nuclear weapons delivery platform. (E) An identification and discussion of any matter having an adverse effect on the capa- bility of the covered official to accurately de- termine the matters covered by the assess- ment. (c) REPORT TO PRESIDENT AND CONGRESS.—(1) Not later than March 1 of each year following a year for which a report under subsection (b) is submitted, the Secretary of Defense shall sub- mit to the President a report containing— (A) each report under subsection (b) sub- mitted during the previous year, as originally submitted to the Secretary; (B) any comments that the Secretary con- siders appropriate with respect to each such report; (C) any conclusions that the Secretary con- siders appropriate with respect to the safety, security, reliability, sustainability, perform- ance, or military effectiveness of the systems described in subsection (a)(2); and (D) any other information that the Sec- retary considers appropriate. (2) Not later than March 15 of each year during which a report under paragraph (1) is submitted, the President shall transmit to the congres- sional defense committees the report submitted to the President under paragraph (1), including any comments the President considers appro- priate. (3) Each report under this subsection may be in classified form if the Secretary of Defense de- termines it necessary. (d) COVERED OFFICIAL DEFINED.—In this sec- tion, the term ‘‘covered official’’ means— (1) the Commander of the United States Strategic Command; (2) the Director of the Strategic Systems Program of the Navy; (3) the Commander of the Global Strike Command of the Air Force; and (4) the Commander of the United States Air Forces in Europe. (Added Pub. L. 112–81, div. A, title X, § 1041(a), Dec. 31, 2011, 125 Stat. 1573, § 490a; renumbered § 492, Pub. L. 112–239, div. A, title X, § 1031(b)(3)(A)(i), Jan. 2, 2013, 126 Stat. 1918; amended Pub. L. 113–291, div. A, title XVI, § 1642, Dec. 19, 2014, 128 Stat. 3650; Pub. L. 116–92, div. A, title XVI, § 1666, Dec. 20, 2019, 133 Stat. 1774.) Editorial Notes AMENDMENTS 2019—Subsec. (d)(4). Pub. L. 116–92 added par. (4). 2014—Subsec. (a)(1). Pub. L. 113–291 inserted ‘‘, and the ability to meet operational availability require- ments for,’’ after ‘‘military effectiveness of’’. 2013—Pub. L. 112–239 renumbered section 490a of this title as this section.