§492. Biennial assessment and report on the delivery platforms for nuclear weapons and the nuclear command and control system — Inbound Citations

Citations to §492(a)

• 10 U.S.C. § 495(b)

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  (b) 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 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.