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10 U.S.C. § 491Nuclear weapons employment strategy of the United States: reports on modification of strategy

submitted 15 years ago by Pub. L. 112-81 to r/title-10-ARMED-FORCES · 370 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before implementing a different United States nuclear weapons employment strategy, the President must report specified information to Congress. The Secretary of Defense must brief the congressional defense committees annually, and additional reports are required for certain Nuclear Posture Review Implementation Study decisions.

(a) Reports. At least 60 days before implementing a United States nuclear weapons employment strategy that differs from the strategy then in force, the President must send Congress a report containing: (1) A description of the changes the new strategy makes to United States nuclear weapons employment strategy, plans, and options. (2) An assessment of how those changes affect the United States nuclear posture. (3) The effects of the changes on the flexibility and resilience of United States strategic forces and on those forces’ ability to support United States goals concerning nuclear deterrence, extended deterrence, assurance, and defense. (4) The extent to which the changes increase reliance on United States conventional or non-nuclear global-strike capabilities or missile defenses. (b) Annual Briefings. By March 15 each year, the Secretary of Defense must brief the congressional defense committees about the United States nuclear weapons employment strategy, plans, and options. (c) Reports on Nuclear Posture Review Implementation Study Decisions. In each fiscal year from 2022 through 2031, at least 60 days before the President carries out decisions from a Nuclear Posture Review Implementation Study that would change United States nuclear weapons employment strategy, guidance, plans, or options, the President must— (1) ensure that the report required by section 492a of this title is sent to Congress, if that section requires it; (2) ensure that the report required by section 494(a)(2)(A) of this title is sent to Congress, if that section requires it; and (3) send the congressional defense committees a report giving the intelligence community’s high-, medium-, and low-confidence assessments about whether the United States will receive significant warning of a strategic surprise or breakout caused by foreign nuclear-weapons developments. For this paragraph, “intelligence community” has the meaning given in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). This section does not define the quoted term “strategic surprise or breakout.”
the actual law source: uscode.house.gov ↗public domain
(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 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 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 2011Enacted · Pub. L. 112-81 · 125 Stat. 1579
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1917, 1919
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 861
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3509
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2940
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 684

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-81 on 2011-12-31.

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