10 U.S.C. § 495 — Strategic delivery systems

Page 500 TITLE 10—ARMED FORCES § 495 1 See References in Text note below. with the implementation of the New START Treaty for the period covered by the future-years defense program submitted under section 221 of title 10, United States Code, at or about the time as such de- fense budget materials are submitted. ‘‘(3) FISCAL YEAR SPECIFIED.—A fiscal year specified in this paragraph is each fiscal year that occurs dur- ing the period beginning with fiscal year 2015 and ending on the date on which the New START Treaty is no longer in force. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) The term ‘defense budget materials’ has the meaning given that term in section 231(f) of title 10, United States Code [now 10 U.S.C. 231(h)]. ‘‘(2) The term ‘New START Treaty’ means the Treaty between the United States of America and the Russian Federation on Measures for the Further Re- duction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on Feb- ruary 5, 2011.’’ ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED Congressional defense committees has the meaning given that term in section 101(a)(16) of this title, see section 3 of Pub. L. 112–81, Dec. 31, 2011, 125 Stat. 1316. See also note under section 101 of this title. Executive Documents DELEGATION OF REPORTING FUNCTIONS SPECIFIED IN SEC- TION 1045 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012, AND CONDITION 9 OF THE RESOLUTION OF ADVICE AND CONSENT TO RATIFICATION OF THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE RUSSIAN FEDERATION ON THE MEAS- URES FOR THE FURTHER REDUCTION AND LIMITATION OF STRATEGIC OFFENSIVE ARMS (THE ‘‘NEW START TREA- TY’’) Memorandum of President of the United States, Mar. 16, 2012, 77 F.R. 16649, provided: Memorandum for the Secretary of State[,] the Sec- retary of Defense[, and] the Secretary of Energy 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 the Secretaries of De- fense and Energy the reporting functions conferred upon the President by section 1045 of the National De- fense Authorization Act for Fiscal Year 2012 (Public Law 112–81) [see Codification note above], and by sec- tion (a)(9)(B) of the Resolution of Advice and Consent to Ratification of the New START Treaty. Subsection (a)(9)(B)(iv) of the Resolution shall be fulfilled in co- ordination with the Secretary of State. The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. DELEGATION OF AUTHORITY UNDER SECTION 1247 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2016 Memorandum of President of the United States, July 26, 2016, 81 F.R. 51773, provided: Memorandum for the Secretary of State 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, United States Code, I hereby order as follows: I hereby delegate the functions and authorities vest- ed in the President by section 1247 of the National De- fense Authorization Act for Fiscal Year 2016 (Public Law 114–92) (the ‘‘Act’’) to the Secretary of State. Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provision. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 495. Strategic delivery systems (a) ANNUAL CERTIFICATION.—The President shall annually certify in writing to the congres- sional defense committees whether plans to modernize or replace strategic delivery systems are fully funded at levels equal to or more than the levels set forth in the November 2010 update to the plan referred to in section 1251 of the Na- tional Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549), in- cluding plans regarding— (1) a heavy bomber and air-launched cruise missile; (2) an intercontinental ballistic missile; (3) a submarine-launched ballistic missile; (4) a ballistic missile submarine; and (5) maintaining the nuclear command and control system (as first reported under section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576)). (b) ADDITIONAL REPORT MATTERS FOLLOWING CERTAIN CERTIFICATIONS.—If in any year prior to the expiration of the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Lim- itation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011 (commonly referred to as the ‘‘New START Treaty’’), the President certifies under subsection (a) that plans to modernize or replace strategic delivery systems are not fully funded, the President shall include in the next annual report transmitted to Congress under section 492(a) 1 of this title the following: (1) A determination of whether or not the lack of full funding will result in a loss of military capability when compared with the November 2010 update to the plan referred to in section 1251 of the National Defense Author- ization Act for Fiscal Year 2010. (2) If the determination under paragraph (1) is that the lack of full funding will result in a loss of military capability— (A) a plan to preserve or retain the mili- tary capability that would otherwise be lost; or (B) a report setting forth— (i) an assessment of the impact of the lack of full funding on the strategic deliv- ery systems specified in subsection (a); and (ii) a description of the funding required to restore or maintain the capability. (3) A certification by the President of wheth- er or not the President is committed to ac- complishing the modernization and replace- ment of strategic delivery systems and will meet the obligations concerning nuclear mod- ernization as set forth in declaration 12 of the Resolution of Advice and Consent to Ratifica- tion of the New START Treaty. (c) PRIOR NOTIFICATION.—Not later than 60 days before the date on which the President car- ries out any reduction to the number of stra- tegic delivery systems, the President shall— (1) make the certification under subsection (a) for the fiscal year for which the reductions are proposed to be carried out; Page 501 TITLE 10—ARMED FORCES § 495 (2) transmit the additional report matters under subsection (b) for such fiscal year, if such additional report matters are so required; and (3) certify to the congressional defense com- mittees whether the Russian Federation is in compliance with its strategic arms control ob- ligations with the United States and is not en- gaged in activity in violation of, or incon- sistent with, such obligations. (d) TREATMENT OF CERTAIN REDUCTIONS.—Any certification under subsection (a) shall not take into account the following: (1) Reductions made to ensure the safety, se- curity, reliability, and credibility of the nu- clear weapons stockpile and strategic delivery systems, including activities related to sur- veillance, assessment, certification, testing, and maintenance of nuclear warheads and de- livery systems. (2) Strategic delivery systems that are re- tired or awaiting dismantlement on the date of the certification under subsection (a). (e) DEFINITIONS.—In this section: (1) The term ‘‘New START Treaty’’ means the Treaty between the United States of America and the Russian Federation on Meas- ures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011. (2) The term ‘‘strategic delivery system’’ means a delivery system for nuclear weapons. (Added Pub. L. 112–239, div. A, title X, § 1035(a), Jan. 2, 2013, 126 Stat. 1923; amended Pub. L. 112–240, title VIII, § 801(a), Jan. 2, 2013, 126 Stat. 2369; Pub. L. 115–232, div. A, title X, § 1081(a)(6), Aug. 13, 2018, 132 Stat. 1983; Pub. L. 118–31, div. A, title XVI, § 1632, Dec. 22, 2023, 137 Stat. 592.) Editorial Notes REFERENCES IN TEXT Section 1251 of the National Defense Authorization Act for Fiscal Year 2010, referred to in subsecs. (a) and (b)(1), is section 1251 of Pub. L. 111–84, which is set out as a note under section 2523 of Title 50, War and Na- tional Defense. Section 1043 of the National Defense Authorization Act for Fiscal Year 2012, referred to in subsec. (a)(5), is section 1043 of Pub. L. 112–81, Dec. 31, 2011, 125 Stat. 1576, which is not classified to the Code. Section 492(a) of this title, referred to in subsec. (b), relates to biennial assessments by certain military offi- cials of delivery platforms for nuclear weapons and the nuclear command and control system. Section 492a(a) of this title requires the President to transmit biennial reports to Congress on certain nuclear matters. AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31, in introductory pro- visions, substituted ‘‘prior to the expiration of the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduc- tion and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on Feb- ruary 5, 2011 (commonly referred to as the ‘New START Treaty’),’’ for ‘‘before fiscal year 2020’’ and ‘‘492(a) of this title’’ for ‘‘1043 of the National Defense Authoriza- tion Act for Fiscal Year 2012’’. 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘The’’ for ‘‘Beginning in fiscal year 2013, the’’ in introductory provisions. 2013—Subsec. (c)(3). Pub. L. 112–240 substituted ‘‘whether the Russian Federation’’ for ‘‘that the Rus- sian Federation’’ and inserted ‘‘strategic’’ before ‘‘arms control obligations’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–240, title VIII, § 801(b), Jan. 2, 2013, 126 Stat. 2369, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2013 [Pub. L. 112–239].’’ CONGRESSIONAL NOTIFICATION OF DECISION TO DELAY STRATEGIC DELIVERY SYSTEM TEST EVENT Pub. L. 118–31, div. A, title XVI, § 1648, Dec. 22, 2023, 137 Stat. 600, provided that: ‘‘(a) NOTIFICATION.—Not later than five days after the Secretary of Defense makes a decision to delay a sched- uled test event for a strategic delivery system, the Sec- retary shall submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] written notice of such decision. ‘‘(b) REPORT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (3), not later than 60 days after the submission of a notification required under subsection (a) with re- spect to a decision to delay a scheduled test event, the Secretary shall submit to the congressional de- fense committees a report on the decision. ‘‘(2) ELEMENTS REQUIRED.—A report submitted under paragraph (1) shall include each of the fol- lowing with respect to the scheduled test event cov- ered by the report: ‘‘(A) A description of the objectives of the test. ‘‘(B) An explanation for the decision to cancel the test. ‘‘(C) An estimate of expenditures related to the cancelled test. ‘‘(D) An assessment of the effect of the test can- cellation on— ‘‘(i) confidence in the reliability of the strategic nuclear weapons delivery system involved; and ‘‘(ii) any research, development, test, and eval- uation activities related to the test. ‘‘(E) A plan to reschedule the test event. ‘‘(3) EXCEPTION.—A report shall not be required under paragraph (1) in the case of a decision to delay a scheduled test event due to any of the following cir- cumstances: ‘‘(A) Unfavorable weather conditions. ‘‘(B) Safety concerns. ‘‘(C) Technical issues related to the delivery sys- tem or test facility. ‘‘(D) Operational or security concerns at the test facility or on the test range.’’ RETENTION OF CAPABILITY TO REDEPLOY MULTIPLE INDEPENDENTLY TARGETABLE REENTRY VEHICLES Pub. L. 113–66, div. A, title X, § 1057, Dec. 26, 2013, 127 Stat. 864, as amended by Pub. L. 118–31, div. A, title XVI, § 1638, Dec. 22, 2023, 137 Stat. 594, provided that: ‘‘(a) DEPLOYMENT CAPABILITY.—The Secretary of the Air Force shall ensure that the Air Force is capable of— ‘‘(1) deploying multiple independently targetable reentry vehicles to Minuteman III and Sentinel inter- continental ballistic missiles; and ‘‘(2) commencing such deployment not later than 180 days after the date on which the President deter- mines such deployment necessary. ‘‘(b) WARHEAD CAPABILITY.—The Nuclear Weapons Council established by section 179 of title 10, United States Code, shall ensure that— ‘‘(1) the nuclear weapons stockpile contains a suffi- cient number of nuclear warheads that are capable of Page 502 TITLE 10—ARMED FORCES § 496 being deployed as multiple independently targetable reentry vehicles with respect to Minuteman III and Sentinel intercontinental ballistic missiles; and ‘‘(2) such deployment is capable of being com- menced not later than 180 days after the date on which the President determines such deployment necessary.’’ SENSES OF CONGRESS ON ENSURING THE MODERNIZATION OF THE NUCLEAR FORCES OF THE UNITED STATES Pub. L. 113–66, div. A, title X, § 1062(a), Dec. 26, 2013, 127 Stat. 866, provided that: ‘‘It is the policy of the United States to— ‘‘(1) modernize or replace the triad of strategic nu- clear delivery systems; ‘‘(2) proceed with a robust stockpile stewardship program; ‘‘(3) maintain and modernize the nuclear weapons production capabilities that will ensure the safety, security, reliability, and performance of the nuclear forces of the United States at the levels required by the New START Treaty; and ‘‘(4) underpin deterrence by meeting the require- ments for hedging against possible international de- velopments or technical problems, in accordance with the policies of the United States.’’ Executive Documents DELEGATION OF AUTHORITY PURSUANT TO SECTION 1035 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013 Memorandum of President of the United States, June 29, 2015, 80 F.R. 37921, 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, United States Code, I hereby order as follows: I hereby delegate to the Secretary of Defense the au- thority to fulfill the certification requirement specified in section 1035 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) [probably means section 495 of this title, as added by section 1035 of Pub. L. 112–239]. Any reference in this memorandum to section 1035 of the National Defense Authorization Act for Fiscal Year 2013 shall be deemed to be a reference to any future pro- vision that is the same or substantially the same provi- sion. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 496. Consideration of expansion of nuclear forces of other countries (a) REPORT AND CERTIFICATION.—Not later than 60 days before the President recommends any re- ductions to the nuclear forces of the United States— (1) the President shall transmit to the appro- priate congressional committees a report de- tailing, for each country with nuclear weap- ons, the high-, medium-, and low- confidence assessment of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) with respect to— (A) the number of each type of nuclear weapons possessed by such country; (B) the modernization plans for such weap- ons of such country; (C) the production capacity of nuclear war- heads and strategic delivery systems (as de- fined in section 495(e)(2) of this title) of such country; (D) the nuclear doctrine of such country; and (E) the impact of such recommended re- ductions on the deterrence and extended de- terrence capabilities of the United States; and (2) the Commander of the United States Strategic Command shall certify to the appro- priate congressional committees whether such recommended reductions in the nuclear forces of the United States will— (A) impair the ability of the United States to address— (i) unplanned strategic or geopolitical events; or (ii) technical challenge; or (B) degrade the deterrence or assurance provided by the United States to friends and allies of the United States. (b) FORM.—The reports required by subsection (a)(1) shall be submitted in unclassified form, but may include a classified annex. (c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘‘appropriate congressional committees’’ means the following: (1) The congressional defense committees. (2) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (Added Pub. L. 112–239, div. A, title X, § 1036(a), Jan. 2, 2013, 126 Stat. 1924; amended Pub. L. 113–291, div. A, title X, § 1071(c)(10), Dec. 19, 2014, 128 Stat. 3509.) Editorial Notes AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–291 substituted ‘‘(50 U.S.C. 3003(4))’’ for ‘‘(50 U.S.C. 401a(4))’’ in introductory provisions. § 497. Notification required for reduction, con- solidation, or withdrawal of nuclear forces based in Europe (a) NOTIFICATION.—Upon any decision to re- duce, consolidate, or withdraw the nuclear forces of the United States that are based in Eu- rope, the President shall transmit to the appro- priate congressional committees a notification containing— (1) justification for such reduction, consoli- dation, or withdrawal; and (2) an assessment of how member states of the North Atlantic Treaty Organization, in light of such reduction, consolidation, or with- drawal, assess the credibility of the deterrence capability of the United States in support of its commitments undertaken pursuant to arti- cle 5 of the North Atlantic Treaty, signed at Washington, District of Columbia, on April 4, 1949, and entered into force on August 24, 1949 (63 Stat. 2241; TIAS 1964). (b) PRIOR NOTIFICATION REQUIRED.— (1) IN GENERAL.—The President shall trans- mit the notification required by subsection (a) by not later than 120 days before the date on which the President commences a reduction, consolidation, or withdrawal of the nuclear forces of the United States that are based in Europe described in such notification. (2) EXCEPTION.—The limitation in paragraph (1) shall not apply to a reduction, consolida-