(a)
(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)
(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 Authorization 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 military 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 delivery 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 whether or not the President is committed to accomplishing the modernization and replacement of strategic delivery systems and will meet the obligations concerning nuclear modernization as set forth in declaration 12 of the Resolution of Advice and Consent to Ratification of the New START Treaty.
(c)
(1) make the certification under subsection (a) for the fiscal year for which the reductions are proposed to be carried out;
(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 committees whether the Russian Federation is in compliance with its strategic arms control obligations with the United States and is not engaged in activity in violation of, or inconsistent with, such obligations.
(d)
(1) Reductions made to ensure the safety, security, reliability, and credibility of the nuclear weapons stockpile and strategic delivery systems, including activities related to surveillance, assessment, certification, testing, and maintenance of nuclear warheads and delivery systems.
(2) Strategic delivery systems that are retired or awaiting dismantlement on the date of the certification under subsection (a).
(e)
(1) 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 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.
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 National Defense.
Section 1043 of the National Defense Authorization Act for Fiscal Year 2012, referred to in subsecs. (a)(5) and (b), is section 1043 of title X of div. A of Pub. L. 112–81, Dec. 31, 2011, 125 Stat. 1576, which is not classified to the Code.
Amendments
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 Russian Federation" and inserted "strategic" before "arms control obligations".
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]."
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, provided that:
"(a)
"(1) deploying multiple independently targetable reentry vehicles to Minuteman III intercontinental ballistic missiles; and
"(2) commencing such deployment not later than 180 days after the date on which the President determines such deployment necessary.
"(b)
"(1) the nuclear weapons stockpile contains a sufficient number of nuclear warheads that are capable of being deployed as multiple independently targetable reentry vehicles with respect to Minuteman III intercontinental ballistic missiles; and
"(2) such deployment is capable of being commenced 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 nuclear 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 requirements for hedging against possible international developments or technical problems, in accordance with the policies of the United States."
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 authority 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 provision that is the same or substantially the same provision.
You are authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
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