1
See References in Text note below.
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 subsec. (a)(5), is [section 1043 of Pub. L. 112–81], Dec. 31, 2011, [125 Stat. 1576], which is not classified to the Code.
Section 492(a) of this title, referred to in subsec. (b), relates to biennial assessments by certain military officials of delivery platforms for nuclear weapons and the nuclear command and control system. Section 492a(a) of this title requires the President to transmit annual reports to Congress on certain nuclear matters.
Amendments
2023—Subsec. (b). [Pub. L. 118–31], in introductory provisions, substituted “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’),” for “before fiscal year 2020” and “492(a) of this title” for “1043 of the National Defense Authorization Act for Fiscal Year 2012”.
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”.
Statutory Notes and Related Subsidiaries
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]].”
Congressional Notification of Decision To Delay Strategic Delivery System Test Event
[Pub. L. 118–31, div. A, title XVI, § 1648], Dec. 22, 2023, [137 Stat. 600], provided that:“(a)
Notification.—
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.
“(b)
Report.—
“(1)
In general.—
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.
“(2)
Elements required.—
A report submitted under paragraph (1) shall include each of the following with respect to the scheduled test event covered by the report:
“(A)
A description of the objectives of the test.
“(B)
An explanation for the decision to cancel the test.
“(C)
An estimate of expenditures related to the cancelled test.
“(D)
An assessment of the effect of the test cancellation on—
“(i)
confidence in the reliability of the strategic nuclear weapons delivery system involved; and
“(ii)
any research, development, test, and evaluation activities related to the test.
“(E)
A plan to reschedule the test event.
“(3)
Exception.—
A report shall not be required under paragraph (1) in the case of a decision to delay a scheduled test event due to any of the following circumstances:
“(A)
Unfavorable weather conditions.
“(C)
Technical issues related to the delivery system or test facility.
“(D)
Operational or security concerns at the test facility or on the test range.”
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], as amended by [Pub. L. 118–31, div. A, title XVI, § 1638], Dec. 22, 2023, [137 Stat. 594], provided that:“(a)
Deployment Capability.—
The Secretary of the Air Force shall ensure that the Air Force is capable of—
“(1)
deploying multiple independently targetable reentry vehicles to Minuteman III and Sentinel 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)
Warhead Capability.—
“(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 and Sentinel 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.