10 U.S.C. § 495

(a) Annual Certification .— The President shall annually 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 more than the 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 ), including 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 Limitation 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 1 See References in Text note below. 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 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) Prior Notification .— Not later than 60 days before the date on which the President carries out any reduction to the number of strategic 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; (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) Treatment of Certain Reductions .— Any certification under subsection (a) shall not take into account the following: (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) Definitions .— In this section: (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.