Title 10Armed ForcesRelease 119-73

§497 Notification required for reduction, consolidation, or withdrawal of nuclear forces based in Europe

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART I— - ORGANIZATION AND GENERAL MILITARY POWERS › Chapter CHAPTER 24— - NUCLEAR POSTURE › § 497

Last updated Apr 6, 2026|Official source

Summary

The President must send Congress a written notice before deciding to reduce, combine, or remove U.S. nuclear forces that are based in Europe. The notice must say why the change is needed and must include how NATO countries view the United States’ deterrent and its commitments under Article 5 of the North Atlantic Treaty (signed April 4, 1949; in force August 24, 1949). The notice must be sent at least 120 days before the President begins the change. That 120-day rule does not apply if the change is needed to ensure the safety, security, reliability, or credibility of the weapons. “Appropriate congressional committees” means the House and Senate Armed Services Committees and the House Foreign Affairs and Senate Foreign Relations Committees.

Full Legal Text

Title 10, §497

Armed Forces — Source: USLM XML via OLRC

(a)Upon any decision to reduce, consolidate, or withdraw the nuclear forces of the United States that are based in Europe, the President shall transmit to the appropriate congressional committees a notification containing—
(1)justification for such reduction, consolidation, or withdrawal; and
(2)an assessment of how member states of the North Atlantic Treaty Organization, in light of such reduction, consolidation, or withdrawal, assess the credibility of the deterrence capability of the United States in support of its commitments undertaken pursuant to article 5 of the North Atlantic Treaty, signed at Washington, District of Columbia, on April 4, 1949, and entered into force on August 24, 1949 (63 Stat. 2241; TIAS 1964).
(b)(1)The President shall transmit the notification required by subsection (a) by not later than 120 days before the date on which the President commences a reduction, consolidation, or withdrawal of the nuclear forces of the United States that are based in Europe described in such notification.
(2)The limitation in paragraph (1) shall not apply to a reduction, consolidation, or withdrawal of nuclear weapons of the United States that are based in Europe made to ensure the safety, security, reliability, and credibility of such weapons.
(c)In this section, the term “appropriate congressional committees” means—
(1)the Committees on Armed Services of the House of Representatives and the Senate; and
(2)the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (b)(1). Pub. L. 117–81 substituted “120 days” for “60 days”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 497

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73