Title 10 — Armed ForcesRelease 119-73not60

§499c Portfolio Management Framework for Nuclear Forces

Title 10 › Subtitle Subtitle A— General Military Law › Part I— ORGANIZATION AND GENERAL MILITARY POWERS › Chapter 24— NUCLEAR POSTURE › § 499c

Last updated Apr 3, 2026|Official source

Summary

By January 1, 2024, the Secretary of Defense must create and put into action a portfolio management framework for U.S. nuclear forces. The plan must say which forces are covered, set up a governance group (using or modeled on an existing group), explain how the Secretary will find and manage risks and set priorities, and show how that work will be coordinated with the Administrator for Nuclear Security through the Nuclear Weapons Council. The plan must include the findings and recommendations from the Comptroller General report titled “Nuclear Enterprise: DOD and NNSA Could Further Enhance How They Manage Risk and Prioritize Efforts” (GAO–22–104061), dated January 2022. The Secretary must also finish a full assessment of what skills and tools are needed to manage risk, including using public and private resources and the Defense Acquisition University. With the President’s budget for fiscal year 2025 and each year after until the framework ends, the Secretary must brief the congressional defense committees on the operational requirements used, the main risks found, and actions to reduce those risks. Briefings may be classified. If Congress passes a bill that the Secretary says will cause a significant delay in nuclear certification or delivery, the Secretary must notify the congressional defense committees. The law defines “nuclear forces” to include at least: nuclear weapons; the delivery platforms and systems for those weapons; nuclear command, control, and communications systems; and the supporting infrastructure and facilities of DoD and NNSA, including related personnel, construction, operation, and maintenance. The requirements end 90 days after the Secretary certifies that each of these programs has full operational capability: the LGM–35A Sentinel ICBM weapon system, the Columbia-class ballistic missile submarine program, the long-range standoff weapon program, the B–21 Raider bomber aircraft program, and the F–35A dual-capable aircraft program.

Full Legal Text

Title 10, §499c

Armed Forces — Source: USLM XML via OLRC

(a)Not later than January 1, 2024, the Secretary of Defense shall—

(1)implement a portfolio management framework for nuclear forces of the United States that—

(A)specifies the portfolio of nuclear forces covered by the framework;

(B)establishes a portfolio governance structure for such forces that takes advantage of, or is modeled on, an existing portfolio governance structure, such as the Deputy’s Management Action Group described in Department of Defense Directive 5105.79;

(C)outlines the approach of the Secretary for identifying and managing risk relating to such forces and prioritizing the efforts among such forces, including how the Secretary, acting through the Under Secretary of Defense for Acquisition and Sustainment, will coordinate such identification, management, and prioritization with the Administrator for Nuclear Security using the coordination processes of the Nuclear Weapons Council; and

(D)incorporates the findings and recommendations identified by the Comptroller General of the United States in the report titled “Nuclear Enterprise: DOD and NNSA Could Further Enhance How They Manage Risk and Prioritize Efforts” (GAO–22–104061) and dated January 2022; and

(2)complete a comprehensive assessment of the portfolio management capabilities required to identify and manage risk in the portfolio of nuclear forces, including how to draw upon public and private sector resources and the program management expertise within the Defense Acquisition University.

(b)(1)In conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31 for fiscal year 2025 and each fiscal year thereafter through the date specified in subsection (c), the Secretary shall provide to the congressional defense committees a briefing on identifying and managing risk relating to nuclear forces and prioritizing the efforts among such forces, including, with respect to the period covered by the briefing—

(A)the current and projected operational requirements for nuclear forces that were used for such identification, management, and prioritization;

(B)key areas of risk identified; and

(C)a description of the actions proposed or carried out to mitigate such risk.

(2)The Secretary may provide the briefings under paragraph (1) in classified form.

(3)If a House of Congress adopts a bill authorizing or appropriating funds that, as determined by the Secretary, provides funds in an amount that will result in a significant delay in the nuclear certification or delivery of nuclear forces, the Secretary shall notify the congressional defense committees of the determination.

(c)The requirements of this section shall terminate 90 days after the date on which the Secretary certifies to the congressional defense committees that each of the following have achieved full operational capability:

(1)The LGM–35A Sentinel intercontinental ballistic missile weapon system.

(2)The Columbia-class ballistic missile submarine program.

(3)The long-range standoff weapon program.

(4)The B–21 Raider bomber aircraft program.

(5)The F–35A dual-capable aircraft program.

(d)In this section, the term “nuclear forces” includes, at a minimum—

(1)nuclear weapons;

(2)the delivery platforms and systems for nuclear weapons;

(3)nuclear command, control, and communications systems; and

(4)the infrastructure and facilities of the Department of Defense and the National Nuclear Security Administration that support nuclear weapons, the delivery platforms and systems for nuclear weapons, and nuclear command, control, and communications systems, including with respect to personnel, construction, operation, and maintenance.

Reference

Citations & Metadata

Citation

10 U.S.C. § 499c

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60