appropriate congressional committees

(2) Insufficient funding.— (A) Report .— During each year in which the New START Treaty is in force, if the President determines that an appropriations Act is enacted that fails to meet the resource 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 Law 111–84 ; 123 Stat. 2549 ) or if at any time determines that more resources are required to carry out such plan than were estimated, the President shall transmit to the appropriate congressional committees, within 60 days of making such a determination, a report detailing— (i) a plan to address the resource shortfall; (ii) if more resources are required to carry out the plan than were estimated— (I) the proposed level of funding required; and (II) an identification of the stockpile work, campaign, facility, site, asset, program, operation, activity, construction, or project for which additional funds are required; (iii) any effects caused by the shortfall on the safety, security, reliability, or credibility of the nuclear forces of the United States; (iv) whether and why, in light of the shortfall, remaining a party to the New START Treaty is still in the national interest of the United States; and (v) a detailed explanation of why the modernization timelines established in the 2010 Nuclear Posture Review are no longer applicable. (B) Prior notification .— If the President transmits a report under subparagraph (A), the President shall notify the appropriate congressional committees of any determination by the President to reduce the number of deployed nuclear warheads of the United States by not later than 60 days before taking any action to carry out such reduction. (C) Exception .— The limitation in subparagraph (B) shall not apply to— (i) 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 strategic delivery systems; or (ii) nuclear warheads that are retired or awaiting dismantlement on the date of the report under subparagraph (A). (D) Definitions .— In this paragraph: (i) The term “appropriate congressional committees” means— (I) the congressional defense committees; and (II) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (ii) 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 .


10 USC § 494(a)(2)

Scoping language

In this paragraph
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