10 U.S.C. § 494 — Nuclear force reductions

Page 497 TITLE 10—ARMED FORCES § 494 ‘‘(a) IN GENERAL.—The Under Secretary of Defense for Acquisition and Sustainment shall ensure, to the max- imum extent practicable that— ‘‘(1) the contract structure for the Sentinel inter- continental ballistic missile (previously referred to as the ‘ground-based strategic weapon’) program al- lows for maximum Federal Government oversight of— ‘‘(A) the Aerospace Vehicle Segment program area; ‘‘(B) the Launch Control Center program area; and ‘‘(C) the Launch Control Facility program area; ‘‘(2) such Federal Government oversight includes Federal Government control of— ‘‘(A) preliminary and critical design reviews en- trance criteria, exit criteria; and ‘‘(B) certification of completion at the subsystem level through total system architecture; and ‘‘(3) there are opportunities for competition throughout the lifecycle of the Sentinel interconti- nental ballistic missile program, including competi- tion across each of the program areas specified in paragraph (1). ‘‘(b) REPORT.—If the Under Secretary completes a re- vised Milestone B approval for such program, the Under Secretary shall, not later than 60 days after the date on which the Under Secretary completes such approval, submit to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes a description of how the Under Secretary in- tends to satisfy the requirements of subsection (a). ‘‘(c) MILESTONE B APPROVAL DEFINED.—In this sec- tion, the term ‘Milestone B approval’ has the meaning given in section 4172 of title 10, United States Code.’’ § 494. Nuclear force reductions (a) IMPLEMENTATION OF NEW START TREATY.— (1) SENSE OF CONGRESS.—It is the Sense of Congress that— (A) the United States is committed to maintaining a safe, secure, reliable, and credible nuclear deterrent; (B) the United States should undertake and support an enduring stockpile steward- ship program and maintain and modernize nuclear weapons production capabilities and capacities to ensure the safety, security, re- liability, and credibility of the United States nuclear deterrent and to meet re- quirements for hedging against possible international developments or technical problems; (C) the United States should maintain nu- clear weapons laboratories and plants and preserve the intellectual infrastructure, in- cluding competencies and skill sets; and (D) the United States should provide the necessary resources to achieve these goals, using as a starting point the levels set forth in the President’s 10-year plan provided to Congress pursuant to section 1251 of the Na- tional Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549). (2) INSUFFICIENT FUNDING.— (A) REPORT.—During each year in which the New START Treaty is in force, if the President determines that an appropriations Act is enacted that fails to meet the re- source levels set forth in the November 2010 update to the plan referred to in section 1251 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2549) or if at any time determines that more resources are required to carry out such plan than were estimated, the Presi- dent shall transmit to the appropriate con- gressional committees, within 60 days of making such a determination, a report de- tailing— (i) a plan to address the resource short- fall; (ii) if more resources are required to carry out the plan than were estimated— (I) the proposed level of funding re- quired; and (II) an identification of the stockpile work, campaign, facility, site, asset, pro- gram, operation, activity, construction, or project for which additional funds are required; (iii) any effects caused by the shortfall on the safety, security, reliability, or credibility of the nuclear forces of the United States; (iv) whether and why, in light of the shortfall, remaining a party to the New START Treaty is still in the national in- terest of the United States; and (v) a detailed explanation of why the modernization timelines established in the 2010 Nuclear Posture Review are no longer applicable. (B) PRIOR NOTIFICATION.—If the President transmits a report under subparagraph (A), the President shall notify the appropriate congressional committees of any determina- tion by the President to reduce the number of deployed nuclear warheads of the United States by not later than 60 days before tak- ing any action to carry out such reduction. (C) EXCEPTION.—The limitation in subpara- graph (B) shall not apply to— (i) reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities re- lated to surveillance, assessment, certifi- cation, testing, and maintenance of nu- clear warheads and strategic delivery sys- tems; or (ii) nuclear warheads that are retired or awaiting dismantlement on the date of the report under subparagraph (A). (D) DEFINITIONS.—In this paragraph: (i) The term ‘‘appropriate congressional committees’’ means— (I) the congressional defense commit- tees; and (II) the Committee on Foreign Rela- tions of the Senate and the Committee on Foreign Affairs of the House of Rep- resentatives. (ii) The term ‘‘New START Treaty’’ means the Treaty between the United States of America and the Russian Federa- tion on Measures for the Further Reduc- tion and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011. (b) ANNUAL REPORT ON THE NUCLEAR WEAPONS STOCKPILE OF THE UNITED STATES.— Page 498 TITLE 10—ARMED FORCES § 494 (1) SENSE OF CONGRESS.—It is the sense of Congress that— (A) sustained investments in the nuclear weapons stockpile and the nuclear security complex are needed to ensure a safe, secure, reliable, and credible nuclear deterrent; and (B) such investments could enable addi- tional future reductions in the hedge stock- pile. (2) REPORT REQUIRED.—Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense commit- tees a report on the nuclear weapons stockpile of the United States that includes the fol- lowing: (A) An accounting of the weapons in the stockpile as of the end of the fiscal year pre- ceding the submission of the report that in- cludes all weapons in the active and inactive stockpiles, both deployed and non-deployed, and all categories and readiness states of such weapons. (B) The planned force levels for each cat- egory of nuclear weapon over the course of the future-years defense program submitted to Congress under section 221 of this title for the fiscal year following the fiscal year in which the report is submitted. (c) NET ASSESSMENT OF NUCLEAR FORCE LEV- ELS REQUIRED WITH RESPECT TO CERTAIN PRO- POSALS TO REDUCE THE NUCLEAR WEAPONS STOCKPILE OF THE UNITED STATES.— (1) IN GENERAL.—If, during any year begin- ning after December 31, 2021, the President makes a proposal described in paragraph (2)— (A) the Commander of United States Stra- tegic Command shall conduct a net assess- ment of the current and proposed nuclear forces of the United States and of other countries that possess nuclear weapons to determine whether the nuclear forces of the United States are anticipated to be capable of meeting the objectives of the United States with respect to nuclear deterrence, extended deterrence, assurance of allies, and defense; (B) the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives the as- sessment described in subparagraph (A), un- changed, together with the explanatory views of the Secretary, as the Secretary deems appropriate; and (C) the Administrator of the National Nu- clear Security Administration shall submit to the Committees on Armed Services of the Senate and House of Representatives a re- port describing the current capacities of the United States nuclear weapons infrastruc- ture to respond to a strategic development or technical problem in the United States nuclear weapons stockpile. (2) PROPOSAL DESCRIBED.— (A) IN GENERAL.—Except as provided in subparagraph (B), a proposal described in this paragraph is a proposal to reduce the number of nuclear weapons in the active or inactive stockpiles of the United States to a level that is lower than the level on Decem- ber 31, 2021. (B) EXCEPTIONS.—A proposal described in this paragraph does not include— (i) reductions that are a direct result of activities associated with routine stock- pile stewardship, including stockpile sur- veillance, logistics, or maintenance; or (ii) nuclear weapons retired or awaiting dismantlement on December 31, 2021. (3) TERMINATION.—The requirement in para- graph (1) shall terminate on February 1, 2025. (d) PREVENTION OF ASYMMETRY IN REDUC- TIONS.— (1) CERTIFICATION.—During any year in which the President recommends to reduce the number of nuclear weapons in the active and inactive stockpiles of the United States by a number that is greater than a de minimis re- duction, the President shall certify in writing to the congressional defense committees whether such reductions will cause the num- ber of nuclear weapons in such stockpiles to be fewer than the high-confidence assessment of the intelligence community (as defined in sec- tion 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) with respect to the number of nuclear weapons in the active and inactive stockpiles of the Russian Federation. (2) NOTIFICATION.—If the President certifies under paragraph (1) that the recommended number of nuclear weapons in the active and inactive stockpiles of the United States is fewer than the high-confidence assessment of the intelligence community with respect to the number of nuclear weapons in the active and inactive stockpiles of the Russian Federa- tion, the President shall transmit to the con- gressional defense committees a report by the Commander of the United States Strategic Command, without change, detailing whether the recommended reduction would create a strategic imbalance or degrade deterrence and extended deterrence between the total number of nuclear weapons of the United States and the total number of nuclear weapons of the Russian Federation. The President shall trans- mit such report by not later than 60 days be- fore the date on which the President carries out any such recommended reductions. (3) EXCEPTION.—The notification in para- graph (2) shall not apply to— (A) reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic de- livery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear war- heads and strategic delivery systems; or (B) nuclear warheads that are retired or awaiting dismantlement on the date of the certification under paragraph (1). (4) ADDITIONAL VIEWS.—On the date on which the President transmits to the congressional defense committees a report by the Com- mander of the United States Strategic Com- mand under paragraph (2), the President may transmit to such committees a report by the President with respect to whether the rec- ommended reductions covered by the report of the Commander will impact the deterrence or extended deterrence capabilities of the United States. Page 499 TITLE 10—ARMED FORCES § 494 (Added and amended Pub. L. 112–239, div. A, title X, §§ 1033(b)(1), (2)(B), 1034, Jan. 2, 2013, 126 Stat. 1920–1922; Pub. L. 113–66, div. A, title X, § 1091(a)(7), Dec. 26, 2013, 127 Stat. 875; Pub. L. 113–291, div. A, title X, § 1071(c)(10), Dec. 19, 2014, 128 Stat. 3509; Pub. L. 115–91, div. A, title X, § 1081(a)(19), Dec. 12, 2017, 131 Stat. 1595; Pub. L. 115–232, div. A, title X, § 1081(a)(5), Aug. 13, 2018, 132 Stat. 1983; Pub. L. 117–81, div. A, title XVI, § 1632, Dec. 27, 2021, 135 Stat. 2090.) Editorial Notes REFERENCES IN TEXT Section 1251 of the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (a)(1)(D), (2)(A), 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. CODIFICATION The text of this section is based on Pub. L. 112–81, div. A, title X, § 1045, Dec. 31, 2011, 125 Stat. 1577; Pub. L. 112–239, div. A, title X, § 1076(a)(19), Jan. 2, 2013, 126 Stat. 1949. Section 1045 of Pub. L. 112–81, formerly classified to section 2523b of Title 50, War and National Defense, was transferred to this section by Pub. L. 112–239, § 1033(b)(1)(A)–(C). AMENDMENTS 2021—Subsec. (c)(1), (2)(A), (B)(ii). Pub. L. 117–81, § 1632(1), substituted ‘‘December 31, 2021’’ for ‘‘December 31, 2011’’. Subsec. (c)(3). Pub. L. 117–81, § 1632(2), substituted ‘‘February 1, 2025’’ for ‘‘December 31, 2017’’. 2018—Subsec. (b)(2). Pub. L. 115–232 substituted ‘‘March 1 of each year’’ for ‘‘March 1, 2012, and annually thereafter’’ in introductory provisions. 2017—Subsec. (b)(2)(B). Pub. L. 115–91 substituted ‘‘of this title’’ for ‘‘of title 10’’. 2014—Subsec. (d)(1). Pub. L. 113–291 substituted ‘‘(50 U.S.C. 3003(4))’’ for ‘‘(50 U.S.C. 401a(4))’’. 2013—Pub. L. 112–239, § 1033(b)(2)(B), made technical amendments to conform section enumerator and catch- line to the style of this title. See Codification note above. Subsec. (a)(2). Pub. L. 112–239, § 1033(b)(1)(D), amended par. (2) generally. Prior to amendment, par. (2) related to a Presidential report to Congress regarding resource shortfalls. Subsec. (c)(1), (2)(A), (B)(ii). Pub. L. 113–66 substituted ‘‘December 31, 2011’’ for ‘‘the date of the enactment of this Act’’. Subsec. (d). Pub. L. 112–239, § 1034, added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1033(b)(4), Jan. 2, 2013, 126 Stat. 1922, provided that: ‘‘The amendment made by paragraph (1)(D) [amending this section] shall take ef- fect on October 1, 2012.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (b) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. REPORT ON IMPLEMENTATION OF THE NEW START TREATY Pub. L. 114–92, div. A, title XII, § 1247, Nov. 25, 2015, 129 Stat. 1066, provided that: ‘‘(a) REPORT.— ‘‘(1) IN GENERAL.—During each year described in paragraph (2), the President shall transmit to the ap- propriate congressional committees a report explain- ing the reasons that the continued implementation of the New START Treaty is in the national security in- terests of the United States. ‘‘(2) YEAR DESCRIBED.—A year described in this paragraph is a year in which the President imple- ments the New START Treaty and determines that any of the following circumstances apply: ‘‘(A) The Russian Federation illegally occupies Ukrainian territory. ‘‘(B) The Russian Federation is not respecting the sovereignty of all Ukrainian territory. ‘‘(C) The Russian Federation is not in full compli- ance with the INF treaty. ‘‘(D) The Russian Federation is not in compliance with the CFE Treaty and has not lifted its suspen- sion of Russian observance of its treaty obligations. ‘‘(E) The Russian Federation is not reducing its deployed strategic delivery vehicles. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and ‘‘(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Rep- resentatives. ‘‘(2) CFE TREATY.—The term ‘CFE Treaty’ means the Treaty on Conventional Armed Forces in Europe, signed at Paris November 19, 1990, and entered into force July 17, 1992. ‘‘(3) INF TREATY.—The term ‘INF Treaty’ means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimi- nation of Their Intermediate-Range and Shorter- Range Missiles, commonly referred to as the Inter- mediate-Range Nuclear Forces (INF) Treaty, signed at Washington December 8, 1987, and entered into force June 1, 1988. ‘‘(4) NEW START TREATY.—The term ‘New START Treaty’ means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Stra- tegic Offensive Arms, signed on April 8, 2010, and en- tered into force on February 5, 2011.’’ [For delegation of functions vested in President by section 1247 of Pub. L. 114–92, set out above, see Memo- randum of President of the United States, July 26, 2016, 81 F.R. 51773, set out below.] RETENTION OF MISSILE SILOS Pub. L. 113–291, div. A, title XVI, § 1644, Dec. 19, 2014, 128 Stat. 3651, provided that: ‘‘(a) REQUIREMENT.—During the period in which the New START Treaty (as defined in section 494(a)(2)(D) of title 10, United States Code) is in effect, the Secretary of Defense shall preserve each intercontinental bal- listic missile silo that contains a deployed missile as of the date of the enactment of this Act [Dec. 19, 2014] in, at minimum, a warm status that enables such silo to— ‘‘(1) remain a fully functioning element of the interconnected and redundant command and control system of the missile field; and ‘‘(2) be made fully operational with a deployed mis- sile. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in subsection (b) shall be construed to prohibit the Secretary of De- fense from temporarily placing an intercontinental bal- listic missile silo offline to perform maintenance ac- tivities.’’ IMPLEMENTATION OF NEW START TREATY Pub. L. 113–66, div. A, title X, § 1056(a)(2), (3), (f), Dec. 26, 2013, 127 Stat. 862–864, provided that: ‘‘(a) IMPLEMENTATION.— ‘‘(2) CONSOLIDATED BUDGET DISPLAY.—The Secretary [of Defense] shall include with the defense budget ma- terials for each fiscal year specified in paragraph (3) a consolidated budget justification display that indi- vidually covers each program and activity associated 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;