and heavy bombers. Retaining all three Triad legs 
will best maintain strategic stability at reasonable 
cost, while hedging against potential technical prob-
lems or vulnerabilities.’’. 
(2) The Senate stated in Declaration 13 of the 
Resolution of Advice and Consent to Ratification of 
the New START Treaty that ‘‘In accordance with 
paragraph 1 of Article V of the New START Trea-
ty, which states that, ‘Subject to the provisions of 
this Treaty, modernization and replacement of stra-
tegic offensive arms may be carried out,’ it is the 
sense of the Senate that United States deterrence 
and flexibility is assured by a robust triad of stra-
tegic delivery vehicles. To this end, the United 
States is committed to accomplishing the moderniza-
tion and replacement of its strategic nuclear delivery 
vehicles, and to ensuring the continued flexibility of 
United States conventional and nuclear delivery sys-
tems.’’. 
(3) The Senate required the President, prior to 
the entry into force of the New START Treaty, to 
certify to the Senate that the President intended to 
modernize or replace the triad of strategic nuclear 
delivery systems. 
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(4) The President made this certification in a 
message to the Senate on February 2, 2011, in 
which the President stated, ‘‘I intend to (a) mod-
ernize or replace the triad of strategic nuclear deliv-
ery systems: a heavy bomber and air-launched cruise 
missile, an ICBM, and a nuclear-powered ballistic 
missile submarine (SSBN) and SLBM; and (b) 
maintain the United States rocket motor industrial 
base.’’. 
(b) LIMITATION.— 
(1) IN GENERAL.—Part I of subtitle A of title 
10, United States Code, is amended by adding at 
the end the following new chapter: 
‘‘CHAPTER 24—NUCLEAR POSTURE 
‘‘Sec. 
‘‘491. Strategic delivery system reductions. 
‘‘§ 491. Strategic delivery system reductions 
‘‘(a) ANNUAL
CERTIFICATION.—Beginning fiscal 
year 2013, the President shall annually certify in writing 
to the congressional defense committees whether plans to 
modernize or replace strategic delivery systems are fully 
resourced and being executed at a level 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 
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Law 111–84; 123 Stat. 2549), including plans regard-
ing— 
‘‘(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— 
‘‘(A) the nuclear command and control sys-
tem; and 
‘‘(B) the rocket motor industrial base of 
the United States. 
‘‘(b) LIMITATION.—If the President certifies under 
subsection (a) that plans to modernize or replace strategic 
delivery systems are not fully resourced or being executed, 
none of the funds made available for fiscal year 2012 or 
any fiscal year thereafter for the Department of Defense 
may be used to reduce, convert, or eliminate strategic de-
livery systems, whether deployed or nondeployed, pursuant 
to the New START Treaty or otherwise until a period of 
120 days has elapsed following the date on which such 
certification is made. 
‘‘(c) EXCEPTION.—The limitation in subsection (b) 
shall not apply to— 
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‘‘(1) reductions made to ensure the safety, secu-
rity, reliability, and credibility of the nuclear weap-
ons stockpile and strategic delivery systems, includ-
ing activities related to surveillance, assessment, cer-
tification, testing, and maintenance of nuclear war-
heads and delivery systems; or 
‘‘(2) strategic delivery systems that are retired 
or awaiting dismantlement on the date of the certifi-
cation under subsection (a). 
‘‘(d) 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 platform for nuclear weapons.’’. 
(2) CLERICAL AMENDMENTS.— 
(A) TABLE OF CHAPTERS.—The table of 
chapters at the beginning of subtitle A of title 
10, United States Code, and at the beginning 
of part I of such subtitle, are each amended by 
inserting after the item relating to chapter 23 
the following new item: 
‘‘24. Nuclear posture .........................................................................
491’’. 
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(B) CHAPTER 23.—Chapter 23 of title 10, 
United States Code, is amended as follows: 
(i) Section 490a is transferred to 
chapter 24, inserted after section 491, and 
redesignated as section 492. 
(ii) Section 491, as amended by sec-
tion 5(b), is transferred to chapter 24, in-
serted after section 492, and redesignated 
as section 493. 
(iii) The table of sections at the begin-
ning of such chapter is amended by strik-
ing the items relating to sections 490a and 
491. 
(C) CHAPTER 24.—The table of sections at 
the beginning of chapter 24 of title 10, United 
States Code, as added by paragraph (1), is 
amended by inserting after the item relating to 
section 491 the following: 
‘‘492. Biennial assessment and report on the delivery platforms for nuclear 
weapons and the nuclear command and control system. 
‘‘493. Nuclear employment strategy of the United States: modification of strat-
egy.’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
1041(b) of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1574) is amended by striking ‘‘section 490a of title 
10, United States Code, as added by subsection 
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