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

(a) Annual Certification. Each year, the President must certify in writing to the congressional defense committees whether plans to modernize or replace strategic delivery systems are fully funded at levels equal to or higher than those in the November 2010 update to the plan identified in section 1251 of the National Defense Authorization Act for Fiscal Year 2010. The plans include— (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. (b) Additional Report Matters Following Certain Certifications. If, before the Treaty described below expires, the President certifies under subsection (a) that the plans are not fully funded, the President must include in the next annual report sent to Congress under section 492(a) of this title— (1) a decision about whether the lack of full funding will cause a loss of military capability compared with the November 2010 plan update; (2) if it will cause such a loss—(A) a plan to preserve or keep the capability that would otherwise be lost, or (B) a report stating the effect of the lack of full funding on the systems in subsection (a) and the funding needed to restore or maintain the capability; and (3) a certification of whether the President is committed to completing modernization and replacement and will meet the nuclear-modernization obligations in declaration 12 of the resolution consenting to ratification of the New START Treaty. (c) Prior Notification. At least 60 days before carrying out any reduction in the number of strategic delivery systems, the President must— (1) make the subsection (a) certification for the fiscal year of the proposed reduction; (2) send the subsection (b) additional matters for that year, if required; and (3) certify to the congressional defense committees whether the Russian Federation is complying with its strategic-arms-control obligations to the United States and is not violating or acting inconsistently with them. (d) Treatment of Certain Reductions. A subsection (a) certification must not count— (1) reductions made to ensure the safety, security, reliability, and credibility of the nuclear stockpile and strategic delivery systems, including surveillance, assessment, certification, testing, and maintenance; or (2) strategic delivery systems retired or awaiting dismantlement on the certification date. (e) Definitions. (1) “New START Treaty” means the treaty between the United States and Russian Federation on reducing and limiting strategic offensive arms, signed April 8, 2010, and effective February 5, 2011. (2) “Strategic delivery system” means a nuclear-weapons delivery system. The section does not otherwise define these quoted terms.