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

a heavy bomber and air-launched cruise missile; an intercontinental ballistic missile; a submarine-launched ballistic missile; a ballistic missile submarine; and 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 )). 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. a plan to preserve or retain the military capability that would otherwise be lost; or an assessment of the impact of the lack of full funding on the strategic delivery systems specified in subsection (a); and a description of the funding required to restore or maintain the capability. 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. make the certification under subsection (a) for the fiscal year for which the reductions are proposed to be carried out; transmit the additional report matters under subsection (b) for such fiscal year, if such additional report matters are so required; and 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. 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. Strategic delivery systems that are retired or awaiting dismantlement on the date of the certification under subsection (a). 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 . The term “strategic delivery system” means a delivery system for nuclear weapons. Not later than five days after the Secretary of Defense makes a decision to delay a scheduled test event for a strategic delivery system, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] written notice of such decision. Except as provided in paragraph (3), not later than 60 days after the submission of a notification required under subsection (a) with respect to a decision to delay a scheduled test event, the Secretary shall submit to the congressional defense committees a report on the decision. A description of the objectives of the test. An explanation for the decision to cancel the test. An estimate of expenditures related to the cancelled test. confidence in the reliability of the strategic nuclear weapons delivery system involved; and any research, development, test, and evaluation activities related to the test. A plan to reschedule the test event. Unfavorable weather conditions. Safety concerns. Technical issues related to the delivery system or test facility. Operational or security concerns at the test facility or on the test range.” deploying multiple independently targetable reentry vehicles to Minuteman III and Sentinel intercontinental ballistic missiles; and commencing such deployment not later than 180 days after the date on which the President determines such deployment necessary. 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 and Sentinel intercontinental ballistic missiles; and such deployment is capable of being commenced not later than 180 days after the date on which the President determines such deployment necessary.” modernize or replace the triad of strategic nuclear delivery systems; proceed with a robust stockpile stewardship program; 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 underpin deterrence by meeting the requirements for hedging against possible international developments or technical problems, in accordance with the policies of the United States.”