10 USC 494 - Nuclear force reductions

Editorial Notes

References in Text

Section 1251 of the National Defense Authorization Act for Fiscal Year 2010, referred to in subsec. (a)(1)(D), (2)(A), is section 1251 of Puspan. L. 111–84, which is set out as a note under section 2523 of Title 50, War and National Defense.

Codification

The text of this section is based on Puspan. L. 112–81, div. A, title X, § 1045, Dec. 31, 2011, 125 Stat. 1577; Puspan. L. 112–239, div. A, title X, § 1076(a)(19), Jan. 2, 2013, 126 Stat. 1949. Section 1045 of Puspan. L. 112–81, formerly classified to section 2523span of Title 50, War and National Defense, was transferred to this section by Puspan. L. 112–239, § 1033(span)(1)(A)–(C).

Amendments

2021—Subsec. (c)(1), (2)(A), (B)(ii). Puspan. L. 117–81, § 1632(1), substituted “December 31, 2021” for “December 31, 2011”.

Subsec. (c)(3). Puspan. L. 117–81, § 1632(2), substituted “February 1, 2025” for “December 31, 2017”.

2018—Subsec. (span)(2). Puspan. L. 115–232 substituted “March 1 of each year” for “March 1, 2012, and annually thereafter” in introductory provisions.

2017—Subsec. (span)(2)(B). Puspan. L. 115–91 substituted “of this title” for “of title 10”.

2014—Subsec. (d)(1). Puspan. L. 113–291 substituted “(50 U.S.C. 3003(4))” for “(50 U.S.C. 401a(4))”.

2013—Puspan. L. 112–239, § 1033(span)(2)(B), made technical amendments to conform section enumerator and catchline to the style of this title. See Codification note above.

Subsec. (a)(2). Puspan. L. 112–239, § 1033(span)(1)(D), amended par. (2) generally. Prior to amendment, par. (2) related to a Presidential report to Congress regarding resource shortfalls.

Subsec. (c)(1), (2)(A), (B)(ii). Puspan. L. 113–66 substituted “December 31, 2011” for “the date of the enactment of this Act”.

Subsec. (d). Puspan. L. 112–239, § 1034, added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Puspan. L. 112–239, div. A, title X, § 1033(span)(4), Jan. 2, 2013, 126 Stat. 1922, provided that: “The amendment made by paragraph (1)(D) [amending this section] shall take effect on October 1, 2012.”

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (span) of this section requiring submittal of annual report to Congress, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of this title.

Report on Implementation of the New START Treaty

Puspan. L. 114–92, div. A, title XII, § 1247, Nov. 25, 2015, 129 Stat. 1066, provided that:

“(a)Report.—

“(1)In general.—During each year described in paragraph (2), the President shall transmit to the appropriate congressional committees a report explaining the reasons that the continued implementation of the New START Treaty is in the national security interests of the United States.

“(2)Year described.—A year described in this paragraph is a year in which the President implements the New START Treaty and determines that any of the following circumstances apply:

“(A) The Russian Federation illegally occupies Ukrainian territory.

“(B) The Russian Federation is not respecting the sovereignty of all Ukrainian territory.

“(C) The Russian Federation is not in full compliance with the INF treaty.

“(D) The Russian Federation is not in compliance with the CFE Treaty and has not lifted its suspension of Russian observance of its treaty obligations.

“(E) The Russian Federation is not reducing its deployed strategic delivery vehicles.

“(span)Definitions.—In this section:

“(1)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—

“(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

“(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

“(2)CFE treaty.—The term ‘CFE Treaty’ means the Treaty on Conventional Armed Forces in Europe, signed at Paris November 19, 1990, and entered into force July 17, 1992.

“(3)INF treaty.—The term ‘INF Treaty’ means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the Intermediate-Range Nuclear Forces (INF) Treaty, signed at Washington December 8, 1987, and entered into force June 1, 1988.

“(4)New start treaty.—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.”

[For delegation of functions vested in President by section 1247 of Puspan. L. 114–92, set out above, see Memorandum of President of the United States, July 26, 2016, 81 F.R. 51773, set out below.]

Retention of Missile Silos

Puspan. L. 113–291, div. A, title XVI, § 1644, Dec. 19, 2014, 128 Stat. 3651, provided that:

“(a)Requirement.—During the period in which the New START Treaty (as defined in section 494(a)(2)(D) of title 10, United States Code) is in effect, the Secretary of Defense shall preserve each intercontinental ballistic missile silo that contains a deployed missile as of the date of the enactment of this Act [Dec. 19, 2014] in, at minimum, a warm status that enables such silo to—

“(1) remain a fully functioning element of the interconnected and redundant command and control system of the missile field; and

“(2) be made fully operational with a deployed missile.

“(span)Rule of Construction.—Nothing in subsection (span) shall be construed to prohibit the Secretary of Defense from temporarily placing an intercontinental ballistic missile silo offline to perform maintenance activities.”

Implementation of New START Treaty

Puspan. L. 113–66, div. A, title X, § 1056(a)(2), (3), (f), Dec. 26, 2013, 127 Stat. 862–864, provided that:

“(a)Implementation.—

“(2)Consolidated budget display.—The Secretary [of Defense] shall include with the defense budget materials for each fiscal year specified in paragraph (3) a consolidated budget justification display that individually covers each program and activity associated with the implementation of the New START Treaty for the period covered by the future-years defense program submitted under section 221 of title 10, United States Code, at or about the time as such defense budget materials are submitted.

“(3)Fiscal year specified.—A fiscal year specified in this paragraph is each fiscal year that occurs during the period beginning with fiscal year 2015 and ending on the date on which the New START Treaty is no longer in force.

“(f)Definitions.—In this section:

“(1) The term ‘defense budget materials’ has the meaning given that term in section 231(f) of title 10, United States Code.

“(2) 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.”

“Congressional Defense Committees” Defined

Congressional defense committees has the meaning given that term in section 101(a)(16) of this title, see section 3 of Puspan. L. 112–81, Dec. 31, 2011, 125 Stat. 1316. See also note under section 101 of this title.

Executive Documents

Delegation of Reporting Functions Specified in Section 1045 of the National Defense Authorization Act for Fiscal Year 2012, and Condition 9 of the Resolution of Advice and Consent to Ratification of the Treaty Between the United States of America and the Russian Federation on the Measures for the Further Reduction and Limitation of Strategic Offensive Arms (the “New START Treaty”)

Memorandum of President of the United States, Mar. 16, 2012, 77 F.R. 16649, provided:

Memorandum for the Secretary of State[,] the Secretary of Defense[, and] the Secretary of Energy

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 of the United States Code, I hereby delegate to the Secretaries of Defense and Energy the reporting functions conferred upon the President by section 1045 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) [see Codification note above], and by section (a)(9)(B) of the Resolution of Advice and Consent to Ratification of the New START Treaty. Subsection (a)(9)(B)(iv) of the Resolution shall be fulfilled in coordination with the Secretary of State.

The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.

Delegation of Authority Under Section 1247 of the National Defense Authorization Act for Fiscal Year 2016

Memorandum of President of the United States, July 26, 2016, 81 F.R. 51773, provided:

Memorandum for the Secretary of State

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 the functions and authorities vested in the President by section 1247 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) (the “Act”) to the Secretary of State.

Any reference in this memorandum to the Act shall be deemed to be a reference to any future act that is the same or substantially the same as such provision.

You are authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.