10 U.S.C. § 491 (ARMED FORCES)
§ 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 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 2010 Nuclear Posture Review Implementation Study Decisions.—
During each of fiscal years 2012 through 2021, not later than 60 days before the date on which the President carries out the results of the decisions made pursuant to the 2010 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 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;
(2) ensure that the report required under section 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-, 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))) as to whether the United States will have significant warning of a strategic 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.)
heading: Codification
text: 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).
heading: References in Text
text: Section 1043(a)(1) of the National Defense Authorization Act for Fiscal Year 2012, referred to in subsec. (c)(1), is section 1043(a)(1) of title X of Pub. L. 112–81, div. A, Dec. 31, 2011, 125 Stat. 1579, which is not classified to the Code.
heading: Amendments
text: 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, substituted “nuclear weapons employment strategy” for “nuclear employment strategy” in two places in introductory provisions and “to the nuclear weapons employment strategy, plans, and options of” for “to nuclear 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 provisions as subsec. (a) and inserted heading.
Subsec. (b). Pub. L. 112–239, § 1031(a)(2)(F), added subsec. (b).
Subsec. (c). Pub. L. 113–66, § 1052(b), redesignated subsec. (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 congressional defense committees written notification of an anomaly in the nuclear command, control, and communications system of the United States that is reported 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 unexplained 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).
heading: Statement of Policy on the Nuclear Triad
text: 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 consisting of—
“(A) heavy bombers equipped with nuclear gravity 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 infrastructure 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 national support required to execute the critical national security mission of the members; and
“(5) to achieve a modern and responsive nuclear infrastructure to support the full spectrum of deterrence 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—
“(1) to operate, sustain, and modernize or replace the triad of strategic nuclear delivery systems consisting of—
“(A) heavy bombers equipped with nuclear gravity 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 infrastructure 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 national support required to execute the critical national security mission of the members.”
heading: Delegation of Reporting Functions Specified in Section 491 of Title 10, United States Code
text: 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.