I 

112TH CONGRESS 

1ST SESSION H. R. 1750 

To strengthen the strategic force posture of the United States by implementing and supplementing certain provisions of the New START Treaty 

and the Resolution of Ratification, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2011 

Mr. TURNER (for himself and Mr. MCKEON) introduced the following bill; 

which was referred to the Committee on Armed Services, and in addition 

to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To strengthen the strategic force posture of the United 

States by implementing and supplementing certain provisions of the New START Treaty and the Resolution 

of Ratification, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘New START Treaty Implementation Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Use of funds on the modernization of nuclear weapons. 

Sec. 4. Limitation on nuclear force reductions. 

Sec. 5. Nuclear employment strategy. 

Sec. 6. Force analysis and assessment of the capabilities of the nuclear forces 

of the United States. 

Sec. 7. Annual assessment and report on the delivery platforms for nuclear 

weapons and the nuclear command and control system. 

Sec. 8. Missile defense. 

Sec. 9. Annual report on the plan for the modernization of the nuclear weapons 

stockpile, nuclear weapons complex, and delivery platforms. 

Sec. 10. Chemistry and Metallurgy Research Replacement nuclear facility and 

Uranium Processing Facility. 

Sec. 11. Policy on non-nuclear weapons systems. 

Sec. 12. Non-strategic nuclear weapon reductions and extended deterrence policy. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘congressional defense commit4 tees’’ has the meaning given that term in section 

5 101(a)(16) of title 10, United States Code. 

6 (2) The term ‘‘covered nuclear systems’’ means 

7 the following: 

8 (A) B–52H or B2 bomber aircraft and nu9 clear air-launched cruise missiles. 

10 (B) Trident ballistic missile submarines, 

11 launch tubes, and Trident D–5 submarine12 launched ballistic missiles. 

13 (C) Minuteman III intercontinental bal14 listic missiles and associated silos. 

15 (D) Nuclear warheads or gravity bombs 

16 that can be delivered by the systems specified 

17 in subparagraph (A), (B), or (C). 


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1 (E) Nuclear weapons delivered by means 

2 other than the systems specified in subpara3 graph (A), (B), or (C). 

4 (3) The term ‘‘New START Treaty’’ means the 

5 Treaty between the United States of America and 

6 the Russian Federation on Measures for the Further 

7 Reduction and Limitation of Strategic Offensive 

8 Arms, signed on April 8, 2010. 

9 SEC. 3. USE OF FUNDS ON THE MODERNIZATION OF NU10 CLEAR WEAPONS. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) The President of the United States, in a 

13 letter dated December 18, 2010, declared that, ‘‘I 

14 recognize that nuclear modernization requires invest15 ment for the long-term, in addition to this one-year 

16 budget increase. That is my commitment to the Con17 gress that my Administration will pursue these pro18 grams and capabilities for as long as I am Presi19 dent. In future years, we will provide annual updates 

20 to the [report required under section 1251 of the 

21 National Defense Authorization Act for Fiscal Year 

22 2010 (Public Law 111–84; 123 Stat. 2549)].’’. 

23 (2) Article 5, Section 1 of the New START 

24 Treaty declares that, ‘‘Subject to the provisions of 


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1 this Treaty, modernization and replacement of stra2 tegic offensive arms may be carried out.’’. 

3 (3) The Secretary of Defense declared on Octo4 ber 28, 2008, that, ‘‘To be blunt, there is absolutely 

5 no way we can maintain a credible deterrent and re6 duce the number of weapons in our stockpile without 

7 either resorting to testing our stockpile or pursuing 

8 a modernization program.’’. 

9 (4) The November 2010 update to the report 

10 required under section 1251 of the National Defense 

11 Authorization Act for Fiscal Year 2010 (Public Law 

12 111–84; 123 Stat. 2549) said that, ‘‘Notably, stock13 pile requirements to fully implement the [Nuclear 

14 Posture Review] and the New START Treaty have 

15 been refined . . . Based on this additional work, and 

16 the development of new information and insights, 

17 the President is prepared to seek additional re18 sources for the Weapons Activities account, over and 

19 above the FY2011 FYNSP, for the FY 2012 budget 

20 and for the remainder of the FYNSP period 

21 (FY2013 to FY 2016). Specifically, the President 

22 plans to request $7.6 billion for FY 2012 (an in23 crease of $0.6 billion over the planned FY 2012 

24 funding level . . .). Given the extremely tight budget 

25 environment facing the Federal Government, these 


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1 requests to the Congress demonstrate the priority 

2 the [Administration] places on maintaining the safe3 ty, security, and effectiveness of the deterrent.’’. 

4 (5) The Stockpile Stewardship Management 

5 Plan for Fiscal Year 2011, dated May 2010, said 

6 that, ‘‘The Laboratory Directors will be expected to 

7 provide findings associated with the full range of 

8 [life extension program] approaches, and to make a 

9 set of recommendations based solely on their best 

10 technical assessments of the ability of each [life ex11 tension program] approach to meet critical stockpile 

12 management goals (weapons system safety, security, 

13 and effectiveness).’’. 

14 (b) SENSE OF CONGRESS.— 

15 (1) IN GENERAL.—It is the sense of Congress 

16 that the life extension program deadlines described 

17 in paragraph (2) represent important deadlines that 

18 must be met to sustain a safe, secure, and reliable 

19 nuclear stockpile and credible deterrent. 

20 (2) DEADLINES DESCRIBED.—The life exten21 sion program deadlines described in this paragraph 

22 are the deadlines identified in the November 2010 

23 update to the report required under section 1251 of 

24 the National Defense Authorization Act for Fiscal 


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1 Year 2010 (Public Law 111–84; 123 Stat. 2549) as 

2 follows: 

3 (A) Completion of the W76 build in fiscal 

4 year 2018. 

5 (B) Completion of the first production unit 

6 of the B–61 in fiscal year 2017. 

7 (C) Beginning of the study of life exten8 sion options for the W78 in fiscal year 2012. 

9 (D) Beginning of the study of a common 

10 warhead for the W78 and the W88 in fiscal 

11 year 2012. 

12 (E) Beginning of the development of an 

13 Arming, Fuzing, and Firing system for the 

14 W88 in fiscal year 2012. 

15 (c) POLICY.—It is the policy of the United States— 

16 (1) to accomplish the modernization and re17 placement of the nuclear triad; 

18 (2) to sustain a robust stockpile stewardship 

19 program and to maintain and modernize the nuclear 

20 weapons production capabilities and capacities that 

21 will both— 

22 (A) ensure the safety, reliability, and per23 formance of the nuclear weapons of the United 

24 States at the New START Treaty levels; and 


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1 (B) meet requirements for hedging against 

2 possible international developments or technical 

3 problems, in conformance with the policies of 

4 the United States and in support of nuclear de5 terrence, extended deterrence, assurance, and 

6 defense; 

7 (3) to maintain the nuclear weapons labora8 tories of the United States and preserve the core nu9 clear weapons competencies of such laboratories; 

10 (4) that the President should not take any ac11 tion to retire or dismantle (or to prepare to retire 

12 or dismantle) any of the covered nuclear systems un13 less modernization or replacement is occurring as 

14 proposed in the plans under the report required by 

15 section 1251 of the National Defense Authorization 

16 Act for Fiscal Year 2010 (Public Law 111–84; 123 

17 Stat. 2549), the November 2010 update to such re18 port, and the reports required under section 495 of 

19 title 10, United States Code, as added by section 9; 

20 and 

21 (5) that if the modernization plan is not funded 

22 consistent with the annual report required under 

23 such section 495, such failure would jeopardize the 

24 supreme interests of the United States and is poten25 tial grounds for the withdrawal of the United States 


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1 from the New START Treaty in accordance with 

2 Article XIV of such Treaty. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—Funds 

4 are hereby authorized to be appropriated to the Depart5 ment of Energy for fiscal year 2012 for the activities of 

6 the National Nuclear Security Administration in carrying 

7 out programs necessary for national security in the 

8 amount of $11,782,930,000, of which $7,629,716,000 

9 shall be for weapons activities of the National Nuclear Se10 curity Administration. 

11 SEC. 4. LIMITATION ON NUCLEAR FORCE REDUCTIONS. 

12 (a) FINDINGS.—Congress finds the following: 

13 (1) As of September 30, 2009, the stockpile of 

14 nuclear weapons of the United States has been re15 duced by 84 percent from its maximum level in 1967 

16 and by more than 75 percent from its level when the 

17 Berlin Wall fell in November 1989. 

18 (2) The number of non-strategic nuclear weap19 ons of the United States has declined by approxi20 mately 90 percent from September 30, 1991, to Sep21 tember 30, 2009. 

22 (3) On March 29, 2011, the Assistant to the 

23 President for National Security Affairs stated, ‘‘As 

24 we implement New START, we’re making prepara25 tions for the next round of nuclear reductions. 


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1 Under the President’s direction, the Department of 

2 Defense will review our strategic requirements and 

3 develop options for further reductions in our current 

4 nuclear stockpile, which stands at approximately 

5 5,000 warheads, including both deployed and reserve 

6 warheads. To develop these options for further re7 ductions, we need to consider several factors, such 

8 as potential changes in targeting requirements and 

9 alert postures that are required for effective deter10 rence.’’. 

11 (b) IMPLEMENTATION OF NEW START TREATY.— 

12 (1) LIMITATION.— 

13 (A) Except as provided by paragraph (2), 

14 the Secretary of Defense and the Secretary of 

15 Energy may not obligate or expend amounts ap16 propriated or otherwise made available to the 

17 Department of Defense or the Department of 

18 Energy for any of fiscal years 2011 through 

19 2017 to retire any covered nuclear system of 

20 the United States as required by the New 

21 START Treaty. 

22 (B) Nothing in subparagraph (A) shall be 

23 construed to limit any action (including 

24 verification) required by the New START TreaVerDate Mar 15 2010 00:09 May 10, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1750.IH H1750

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1 ty other than retiring any covered nuclear sys2 tem of the United States. 

3 (2) WAIVER.—The Secretary of Defense and 

4 the Secretary of Energy may jointly waive the limi5 tation under paragraph (1)(A) for a covered nuclear 

6 system if— 

7 (A) the Secretaries submit to the congres8 sional defense committees written notice of the 

9 status of carrying out the modernization plan 

10 described in the most recent report required by 

11 section 495 of title 10, United States Code, as 

12 added by section 9; and 

13 (B) with respect to such notice— 

14 (i) if the notice describes that such 

15 plan is being carried out, a period of 30 

16 days has elapsed following the date on 

17 which the President submits to the con18 gressional defense committees such report 

19 that includes written notice of the pro20 posed retirement of such nuclear system, 

21 as required by subsection (a)(1)(D) of such 

22 section 495; or 

23 (ii) if the notice describes that such 

24 plan is not being carried out, a period of 

25 180 days has elapsed following the date on 


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1 which the President submits to the con2 gressional defense committees the report 

3 described in clause (i). 

4 (3) RETIRE DEFINED.—In this subsection, the 

5 term ‘‘retire’’, with respect to a covered nuclear sys6 tem, includes retiring, dismantling, eliminating or 

7 preparing to retire, dismantle, or eliminate. 

8 (c) PROHIBITION ON REDUCTION OF STOCKPILE

9 HEDGE.—The Secretary of Defense and the Secretary of 

10 Energy may not obligate or expend amounts appropriated 

11 or otherwise made available to the Department of Defense 

12 or the Department of Energy to retire, dismantle, or elimi13 nate, or prepare to retire, dismantle, or eliminate, any 

14 nondeployed strategic or non-strategic nuclear weapon 

15 until the date that is 90 days after the date on which the 

16 Secretary of Energy submits to the congressional defense 

17 committees written certification that— 

18 (1) the Chemistry and Metallurgy Research Re19 placement nuclear facility (in this subsection re20 ferred to as the ‘‘nuclear facility’’) and the Uranium 

21 Processing Facility (in this subsection referred to as 

22 the ‘‘processing facility’’) are fully operational; 

23 (2) the nuclear facility and the Plutonium Fa24 cility–4 are together able to deliver to the nuclear 


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1 weapons stockpile not less than a total of 80 pits per 

2 year; and 

3 (3) the processing facility is able to deliver to 

4 the nuclear weapons stockpile not less than 80 refur5 bished or new canned subassemblies per year. 

6 (d) PROHIBITION ON UNILATERAL REDUCTION OF

7 NUCLEAR WEAPONS.— 

8 (1) IN GENERAL.—Part I of subtitle A of title 

9 10, United States Code, is amended by adding at 

10 the end the following new chapter: 

11 ‘‘CHAPTER 24—NUCLEAR POSTURE AND 

12 MISSILE DEFENSE 

‘‘Sec. 

‘‘491. Prohibition on unilateral reduction of nuclear weapons. 

13 ‘‘§ 491. Prohibition on unilateral reduction of nuclear 

14 weapons 

15 ‘‘The President may not retire, dismantle, or elimi16 nate, or prepare to retire, dismantle, or eliminate, any nu17 clear weapon of the United States (including such de18 ployed weapons and nondeployed weapons and warheads 

19 in the nuclear weapons stockpile) if such action would re20 duce the number of such weapons to a number that is 

21 less than the level described in the New START Treaty 

22 (as defined in section 494(c)) unless such action is— 

23 ‘‘(1) required by a treaty or international agree24 ment specifically approved with the advice and conVerDate Mar 15 2010 00:09 May 10, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1750.IH H1750

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1 sent of the Senate pursuant to Article II, section 2, 

2 clause 2 of the Constitution; or 

3 ‘‘(2) specifically authorized by an Act of Con4 gress.’’. 

5 (2) CLERICAL AMENDMENTS.—The table of 

6 chapters at the beginning of subtitle A of title 10, 

7 United States Code, and at the beginning of part I 

8 of such subtitle, are each amended by inserting after 

9 the item relating to chapter 23 the following new 

10 item: 

‘‘24. Nuclear posture and missile defense ................................ 491’’. 

11 SEC. 5. NUCLEAR EMPLOYMENT STRATEGY. 

12 (a) FINDINGS.—Congress finds the following: 

13 (1) Section 1057 of H.R. 5136, as passed by 

14 the House of Representatives during the 111th Con15 gress, included a requirement that any future reduc16 tions of the nuclear forces of the United States 

17 below the level described in the New START Treaty 

18 be contingent on the certification by the Secretary of 

19 Defense that ‘‘such reduction does not require a 

20 change in targeting strategy from counterforce tar21 geting to countervalue targeting’’. 

22 (2) On March 29, 2011, the Assistant to the 

23 President for National Security Affairs stated, ‘‘As 

24 we implement New START, we’re making prepara25 tions for the next round of nuclear reductions. 


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1 Under the President’s direction, the Department of 

2 Defense will review our strategic requirements and 

3 develop options for further reductions in our current 

4 nuclear stockpile, which stands at approximately 

5 5,000 warheads, including both deployed and reserve 

6 warheads. To develop these options for further re7 ductions, we need to consider several factors, such 

8 as potential changes in targeting requirements and 

9 alert postures that are required for effective deter10 rence.’’. 

11 (b) CHANGES TO STRATEGY.—Chapter 24 of title 10, 

12 United States Code, as added by section 4, is further 

13 amended by adding at the end the following new section: 

14 ‘‘§ 492. Nuclear employment strategy 

15 ‘‘The President may not make any changes to the nu16 clear employment strategy of the United States unless— 

17 ‘‘(1) the President submits to the congressional 

18 defense committees a report on such proposed 

19 changes, including— 

20 ‘‘(A) the implication of such changes on 

21 the flexibility and resilience of the strategic 

22 forces of the United States and the ability of 

23 such forces to support the goals of the United 

24 States with respect to nuclear deterrence, ex25 tended deterrence, assurance, and defense; and 


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1 ‘‘(B) certification that such proposed 

2 changes do not require a change in targeting 

3 strategy from counterforce targeting to counter4 value targeting; and 

5 ‘‘(2) a period of 90 days has elapsed after the 

6 date on which such report under paragraph (1) is 

7 submitted.’’. 

8 (c) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 491 the following new 

11 item: 

‘‘492. Nuclear employment strategy.’’. 

12 SEC. 6. FORCE ANALYSIS AND ASSESSMENT OF THE CAPA13 BILITIES OF THE NUCLEAR FORCES OF THE 

14 UNITED STATES. 

15 (a) IN GENERAL.—Not later than March 1, 2012, the 

16 Secretary of Defense shall conduct a force analysis and 

17 net assessment of the current and proposed nuclear forces 

18 of the United States to determine whether such forces are 

19 capable of meeting the nuclear deterrence, extended deter20 rence, assurance, and defense objectives of the United 

21 States in the context of the current and anticipated nu22 clear and non-nuclear forces of the Russian Federation 

23 and other countries. 

24 (b) ELEMENTS.—The force analysis and net assess25 ment under subsection (a) shall include the following: 


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1 (1) Specific metrics to define and measure the 

2 strategic sufficiency of the nuclear forces of the 

3 United States and the sufficiency of forces necessary 

4 to meet the nuclear deterrence, extended deterrence, 

5 assurance, and defense requirements of the United 

6 States. 

7 (2) An identification and assessment of the nu8 clear strategies of the United States, and the role of 

9 nuclear weapons in those strategies, as of the date 

10 of the force analysis and net assessment, including— 

11 (A) how the United States is prepared to 

12 limit damage to the United States and its allies 

13 if deterrence fails; and 

14 (B) if the United States requires such ca15 pabilities, an assessment of such capabilities. 

16 (3) An identification of the nuclear force pos17 ture of the United States required to fulfill the nu18 clear deterrence, extended deterrence, assurance, 

19 and defense strategies of the United States, includ20 ing the planning assumptions on which such posture 

21 is based. 

22 (4) Force-on-force exchange modeling analyses 

23 to determine the vulnerability, survivability, and ef24 fectiveness of current and proposed nuclear capabili25 ties of the United States in various scenarios (inVerDate Mar 15 2010 00:09 May 10, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1750.IH H1750

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1 cluding a surprise attack and an electromagnetic 

2 pulse attack by potential adversaries, including Rus3 sia, China, North Korea, Iran, or terrorists armed 

4 with nuclear weapons) and taking into account var5 ious nuclear postures (including day-to-day alert and 

6 generated alert). 

7 (5) An assessment of the implications of dis8 parities between the strategic and non-strategic nu9 clear weapons of the United States and the strategic 

10 and non-strategic nuclear weapons of other countries 

11 with respect to deterrence, extended deterrence, as12 surance, and defense. 

13 (6) An assessment of the implications that var14 ious force levels of the nuclear forces of the United 

15 States have on nuclear proliferation, and the effect 

16 that such lower force levels have on the motivation 

17 or inclination of other countries to increase their nu18 clear capabilities, and the contingency plans of the 

19 United States to respond to such an increase. 

20 (7) An assessment of the effect of the conven21 tional prompt global strike capabilities of the United 

22 States and other countries on the ability of the 

23 United States to meet its deterrence, extended deter24 rence, assurance, and defense requirements. 


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1 (8) An assessment of the effect of the ballistic 

2 missile defense capabilities of the United States and 

3 other countries on the strategic balance and on the 

4 nuclear deterrence, extended deterrence, assurance, 

5 and defense strategies of the United States. 

6 (9) An assessment of the flexibility and resil7 ience of the nuclear forces of the United States, in8 cluding the potential to upload nondeployed war9 heads and to modify weapons and warheads to meet 

10 unexpected challenges. 

11 (10) Such other matters as the Secretary of 

12 Defense considers appropriate regarding the capa13 bilities of the nuclear forces of the United States. 

14 (c) PARTICIPATION OF OTHER DEPARTMENTS AND

15 AGENCIES.—In conducting the force analysis and net as16 sessment under subsection (a), the Secretary of Defense 

17 shall provide for the appropriate participation of the fol18 lowing: 

19 (1) The Director of National Intelligence. 

20 (2) The Joint Staff. 

21 (3) The Missile Defense Agency. 

22 (4) The United States Strategic Command. 

23 (5) Such other elements or components of the 

24 Department of Defense as the Secretary of Defense 

25 considers appropriate. 


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1 (6) Such other departments and agencies of the 

2 Federal Government as the Secretary of Defense 

3 and the heads of such departments and agencies 

4 jointly consider appropriate. 

5 (7) The national security laboratories (as de6 fined in section 3281 of the National Nuclear Secu7 rity Administration Act (50 U.S.C. 2471)). 

8 (d) REPORT.— 

9 (1) REPORT REQUIRED.—Not later than Sep10 tember 1, 2012, the Secretary shall submit to the 

11 appropriate committees of Congress a report on the 

12 force analysis and net assessment. 

13 (2) FORM.—The report under paragraph (1) 

14 shall be submitted in unclassified form (including as 

15 much detail as possible), but may include a classified 

16 annex. 

17 (e) INDEPENDENT REVIEW.— 

18 (1) REVIEW.—The Secretary of Defense shall 

19 provide for the review by one or more federally fund20 ed research and development centers of the force 

21 analysis and net assessment conducted under sub22 section (a). 

23 (2) PARTICIPANTS.—The review under para24 graph (1) shall also include the participation of the 

25 following: 


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1 (A) Such additional individuals as the Sec2 retary considers appropriate with expertise in 

3 matters relating to— 

4 (i) force analysis and net assessment; 

5 and 

6 (ii) the relationship between the force 

7 posture of the United States and the nu8 clear deterrence, extended deterrence, as9 surance, and defense goals of the United 

10 States. 

11 (B) A separate individual (who may be a 

12 Member of Congress) appointed by each of the 

13 following: 

14 (i) The Chairman of the Committee 

15 on Armed Services of the Senate. 

16 (ii) The Ranking Member of the Com17 mittee on Armed Services of the Senate. 

18 (iii) The Chairman of the Committee 

19 on Foreign Relations of the Senate. 

20 (iv) The Ranking Member of the 

21 Committee on Foreign Relations of the 

22 Senate. 

23 (v) The Majority Leader of the Sen24 ate. 


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1 (vi) The Minority Leader of the Sen2 ate. 

3 (vii) The Chairman of the Committee 

4 on Armed Services of the House of Rep5 resentatives. 

6 (viii) The Ranking Member of the 

7 Committee on Armed Services of the 

8 House of Representatives. 

9 (ix) The Chairman of the Committee 

10 on Foreign Affairs of the House of Rep11 resentatives. 

12 (x) The Ranking Member of the Com13 mittee on Foreign Affairs of the House of 

14 Representatives. 

15 (xi) The Speaker of the House of 

16 Representatives. 

17 (xii) The Minority Leader of the 

18 House of Representatives. 

19 (3) REPORT.—Not later than 90 days after the 

20 date of the submittal to Congress of the report 

21 under subsection (d)(1), the federally funded re22 search and development center conducting a review 

23 under paragraph (1) shall submit to the appropriate 

24 committees of Congress a report on the results of 

25 the review. 


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1 (f) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate commit3 tees of Congress’’ means— 

4 (1) the Committee on Armed Services and the 

5 Select Committee on Intelligence of the Senate; and 

6 (2) the Committee on Armed Services and the 

7 Permanent Select Committee on Intelligence of the 

8 House of Representatives. 

9 SEC. 7. ANNUAL ASSESSMENT AND REPORT ON THE DELIV10 ERY PLATFORMS FOR NUCLEAR WEAPONS 

11 AND THE NUCLEAR COMMAND AND CONTROL 

12 SYSTEM. 

13 (a) IN GENERAL.—Chapter 24 of title 10, United 

14 States Code, as added by section 4, is further amended 

15 by adding at the end the following new section: 

16 ‘‘§ 493. Annual assessment and report on the delivery 

17 platforms for nuclear weapons and the 

18 nuclear command and control system 

19 ‘‘(a) ANNUAL ASSESSMENTS.—(1) Each covered offi20 cial shall annually assess the safety, security, reliability, 

21 sustainability, performance, and military effectiveness of 

22 the systems described in paragraph (2) for which such of23 ficial has responsibility. 

24 ‘‘(2) The systems described in this paragraph are the 

25 following: 


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1 ‘‘(A) Each type of delivery platform for nuclear 

2 weapons. 

3 ‘‘(B) The nuclear command and control system. 

4 ‘‘(b) ANNUAL REPORT.—(1) Not later than Decem5 ber 1 of each year, beginning in 2011, each covered official 

6 shall submit to the Secretary of Defense and the Nuclear 

7 Weapons Council established by section 179 of this title 

8 a report on the assessments conducted under subsection 

9 (a). 

10 ‘‘(2) Each report under paragraph (1) shall include 

11 the following: 

12 ‘‘(A) The results of the assessment. 

13 ‘‘(B) An identification and discussion of any ca14 pability gaps or shortfalls with respect to the sys15 tems described in subsection (a)(2) covered under 

16 the assessment. 

17 ‘‘(C) An identification and discussion of any 

18 risks with respect to meeting mission or capability 

19 requirements. 

20 ‘‘(D) In the case of an assessment by the Com21 mander of the United States Strategic Command, if 

22 the Commander identifies any deficiency with re23 spect to a nuclear weapons delivery platform covered 

24 under the assessment, a discussion of the relative 

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1 form type or compensatory measure that would ac2 complish the mission of such nuclear weapons deliv3 ery platform. 

4 ‘‘(E) An identification and discussion of any 

5 matter having an adverse effect on the capability of 

6 the covered official to accurately determine the mat7 ters covered by the assessment. 

8 ‘‘(c) REPORT TO PRESIDENT AND CONGRESS.—(1) 

9 Not later than March 1 of each year, beginning in 2012, 

10 the Secretary of Defense shall submit to the President a 

11 report containing— 

12 ‘‘(A) each report under subsection (b) sub13 mitted during the previous year, as originally sub14 mitted to the Secretary; 

15 ‘‘(B) any comments that the Secretary con16 siders appropriate with respect to each such report; 

17 ‘‘(C) any conclusions that the Secretary con18 siders appropriate with respect to the safety, secu19 rity, reliability, sustainability, performance, or mili20 tary effectiveness of the systems described in sub21 section (a)(2); and 

22 ‘‘(D) any other information that the Secretary 

23 considers appropriate. 

24 ‘‘(2) Not later than March 15 of each year, beginning 

25 in 2012, the President shall transmit to the congressional 


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1 defense committees the report submitted to the President 

2 under paragraph (1), including any comments the Presi3 dent considers appropriate. 

4 ‘‘(3) Each report under this subsection may be in 

5 classified form if the Secretary of Defense determines it 

6 necessary. 

7 ‘‘(d) COVERED OFFICIAL DEFINED.—In this section, 

8 the term ‘covered official’ means— 

9 ‘‘(1) the Commander of the United States Stra10 tegic Command; 

11 ‘‘(2) the Director of the Strategic Systems Pro12 gram of the Navy; and 

13 ‘‘(3) the Commander of the Global Strike Com14 mand of the Air Force.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of such chapter is amended by inserting 

17 after the item relating to section 492 the following new 

18 item: 

‘‘493. Annual assessment and report on the delivery platforms for nuclear weapons and the nuclear command and control system.’’. 

19 SEC. 8. MISSILE DEFENSE. 

20 (a) FINDINGS.—Congress finds that the President, in 

21 a letter dated December 18, 2010, pledged the following: 

22 (1) ‘‘The New START Treaty places no limita23 tions on the development or deployment of our mis24 sile defense programs.’’. 


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1 (2) ‘‘Starting in 2011, we will begin deploying 

2 the first phase of the [European phased, adaptive 

3 approach to missile defense], to protect large parts 

4 of southern Europe from short- and medium-range 

5 ballistic missile threats. In subsequent phases, we 

6 will deploy longer-range and more effective land7 based standard missile-3 interceptors in Romania 

8 and Poland to protect Europe against medium- and 

9 intermediate-range ballistic missiles. In the final 

10 phase, planed for the end of the decade, further up11 grades of the SM–3 interceptor will provide an as12 cent-phase intercept capability to augment our de13 fense of NATO European territory, as well as that 

14 of the United States, against future threats of 

15 ICBMs launched from Iran.’’. 

16 (3) ‘‘Regardless of Russia’s actions in this re17 gard, as long as I am President, and as long as the 

18 Congress provides the necessary funding, the United 

19 States will continue to develop and deploy effective 

20 missile defenses to protect the United States, our 

21 deployed forces, and our allies and partners. My Ad22 ministration plans to deploy all four phases of the 

23 [European phased, adaptive approach to missile de24 fense].’’. 

25 (b) POLICY.—It is the policy of the United States— 


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1 (1) that defenses against ballistic missiles are 

2 essential for nuclear deterrence, extended deterrence, 

3 assurance, and defense strategies; 

4 (2) that any further limitations on the missile 

5 defense capabilities of the United States are not in 

6 the national security interests of the United States; 

7 (3) that policies based on mutual assured de8 struction or intentional vulnerability to strategic at9 tack can be contrary to the safety and security of 

10 both the United States and the Russian Federation, 

11 and both countries share a common interest in de12 fensive capabilities that help both to move coopera13 tively as soon as possible away from a strategic rela14 tionship based on mutual vulnerability; 

15 (4) that the United States will welcome steps by 

16 Russia to also adopt a fundamentally defensive stra17 tegic posture that no longer views robust strategic 

18 defensive capabilities as undermining the overall 

19 strategic balance; 

20 (5) to improve the strategic defensive capabili21 ties of the United States both quantitatively and 

22 qualitatively during the period that the New START 

23 treaty is in effect, and such improvements are con24 sistent with the Treaty; 


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1 (6) that no future agreement with Russia on 

2 cooperative missile defense, non-strategic nuclear 

3 weapons, further strategic weapons reductions, or 

4 any other matter shall include any restrictions on 

5 the missile defense options of the United States in 

6 Europe or elsewhere; and 

7 (7) to defend the United States and its allies in 

8 the North Atlantic Treaty Organization from all 

9 missile threats, including from short-range ballistic 

10 missiles. 

11 (c) SENSE OF CONGRESS.—It is the sense of Con12 gress that, given congressional concern about missile de13 fense issues, the President should offer both Houses of 

14 Congress regular briefings, not less than twice each year, 

15 to the Committees on Foreign Relations and Armed Serv16 ices of the Senate, and the Committees on Foreign Affairs 

17 and Armed Services of the House, on all missile defense 

18 issues related to the New START Treaty and on the 

19 progress of United States-Russia dialogue and cooperation 

20 regarding missile defense. 

21 (d) LIMITATIONS ON MISSILE DEFENSE.— 

22 (1) IN GENERAL.—Chapter 24 of title 10, 

23 United States Code, as added by section 4, is fur24 ther amended by adding at the end the following 

25 new section: 


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1 ‘‘§ 494. Certain limitations on missile defense 

2 ‘‘(a) IN GENERAL.—Any agreement with a country 

3 or international organization or amendment to the New 

4 START Treaty (including an agreement made by the Bi5 lateral Consultative Commission established by the New 

6 START Treaty) concerning the limitation of the missile 

7 defense capabilities of the United States shall not be bind8 ing on the United States, and shall not enter into force 

9 with respect to the United States, unless after the date 

10 of the enactment of this section, such agreement or 

11 amendment is— 

12 ‘‘(1) specifically approved with the advice and 

13 consent of the Senate pursuant to Article II, section 

14 2, clause 2 of the Constitution; or 

15 ‘‘(2) specifically authorized by an Act of Con16 gress. 

17 ‘‘(b) ANNUAL NOTIFICATION.—Not later than Janu18 ary 31 of each year, beginning in 2012, the President shall 

19 submit to the congressional defense committees a notifica20 tion of— 

21 ‘‘(1) whether the Russian Federation has recog22 nized during the previous year the sovereign right of 

23 the United States to pursue quantitative and quali24 tative improvements in missile defense capabilities; 

25 and 


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1 ‘‘(2) whether during any treaty negotiations or 

2 other Government-to-Government contacts between 

3 the United States and the Russian Federation (in4 cluding under the auspices of the Bilateral Consult5 ative Commission established by the New START 

6 Treaty) during the previous year a representative of 

7 the Russian Federation suggested that a treaty or 

8 other international agreement include, with respect 

9 to the United States— 

10 ‘‘(A) restricting missile defense capabili11 ties, military capabilities in space, or conven12 tional prompt global strike capabilities; or 

13 ‘‘(B) reducing the number of non-strategic 

14 nuclear weapons deployed in Europe. 

15 ‘‘(c) NEW START TREATY DEFINED.—In this sec16 tion, the term ‘New START Treaty’ means the Treaty be17 tween the United States of America and the Russian Fed18 eration on Measures for the Further Reduction and Limi19 tation of Strategic Offensive Arms, signed on April 8, 

20 2010.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of such chapter is amended 

23 by inserting after the item relating to section 493 

24 the following new item: 

‘‘494. Certain limitations on missile defense.’’. 


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1 (e) RESTRICTION OF FUNDS FOR CERTAIN TREATY

2 NEGOTIATIONS.— 

3 (1) RESTRICTION.—No funds available to the 

4 Department of State or any other Federal depart5 ment or agency may be obligated or expended during 

6 fiscal year 2012 or any fiscal year thereafter for 

7 travel expenses related to treaty negotiations con8 cerning the possible reduction of covered nuclear 

9 systems of the United States until the date on which 

10 the certification under paragraph (2) is transmitted 

11 to Congress. 

12 (2) CERTIFICATION.—Not later than 30 days 

13 after the date of the enactment of this Act, the 

14 President shall transmit to Congress written notifi15 cation that negotiations described in paragraph (1) 

16 will not include restricting the missile defense capa17 bilities of the United States. 

18 SEC. 9. ANNUAL REPORT ON THE PLAN FOR THE MOD19 ERNIZATION OF THE NUCLEAR WEAPONS 

20 STOCKPILE, NUCLEAR WEAPONS COMPLEX, 

21 AND DELIVERY PLATFORMS. 

22 (a) ANNUAL REPORT.—Chapter 24 of title 10, 

23 United States Code, as added by section 4, is further 

24 amended by adding at the end the following new section: 


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1 ‘‘§ 495. Annual report on the plan for the moderniza2 tion of the nuclear weapons stockpile, nu3 clear weapons complex, and delivery 

4 platforms 

5 ‘‘(a) REPORT ON THE PLAN FOR THE NUCLEAR

6 WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, 

7 AND DELIVERY PLATFORMS.—(1) Together with the 

8 budget of the President submitted to Congress under sec9 tion 1105(a) of title 31, United States Code, the Presi10 dent, in consultation with the Secretary of Defense and 

11 the Secretary of Energy, shall transmit to the congres12 sional defense committees, the Committee on Foreign Re13 lations of the Senate, and the Committee on Foreign Af14 fairs of the House of Representatives a detailed report on 

15 the plan to— 

16 ‘‘(A) enhance the safety, security, and reliability 

17 of the nuclear weapons stockpile of the United 

18 States; 

19 ‘‘(B) modernize the nuclear weapons complex; 

20 ‘‘(C) maintain, modernize, or replace the deliv21 ery platforms for nuclear weapons; and 

22 ‘‘(D) retire, dismantle, or eliminate any covered 

23 nuclear system. 

24 ‘‘(2) Each report required under paragraph (1) shall 

25 include the following: 


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1 ‘‘(A) A detailed description of the plan to en2 hance the safety, security, and reliability of the nu3 clear weapons stockpile of the United States. 

4 ‘‘(B) A detailed description of the plan to mod5 ernize the nuclear weapons complex, including im6 proving the safety of facilities, modernizing the in7 frastructure, and maintaining the key capabilities 

8 and competencies of the nuclear weapons workforce, 

9 including designers and technicians. 

10 ‘‘(C) A detailed description of the plan to main11 tain, modernize, and replace delivery platforms for 

12 nuclear weapons. 

13 ‘‘(D) A detailed estimate of budget require14 ments, including the costs associated with the plans 

15 outlined under subparagraphs (A) through (C), over 

16 the 10-year period following the date of the report. 

17 ‘‘(E) A detailed description of the steps taken 

18 to implement the plan submitted in the previous 

19 year. 

20 ‘‘(b) ADVICE OF DIRECTORS OF NUCLEAR FACILI21 TIES AND LABORATORIES.—Together with the budget of 

22 the President submitted to Congress under section 

23 1105(a) of title 31, United States Code, during each fiscal 

24 year in which a report is transmitted under subsection (a), 

25 the directors of the nuclear facilities and laboratories shall 


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1 each submit to the congressional defense committees, the 

2 Committee on Foreign Relations of the Senate, the Com3 mittee on Foreign Affairs of the House of Representatives, 

4 the Secretary of Defense, and the Secretary of Energy an 

5 independent report on the implementation of and the 

6 funding for the plans outlined under subparagraphs (A) 

7 and (B) of subsection (a)(2). 

8 ‘‘(c) FORM.—The reports required by this section 

9 shall be submitted in unclassified form (including as much 

10 detail as possible), but may include a classified annex. 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘covered nuclear systems’ means 

13 the following: 

14 ‘‘(A) B–52H or B2 bomber aircraft and 

15 nuclear air-launched cruise missiles. 

16 ‘‘(B) Trident ballistic missile submarines, 

17 launch tubes, and Trident D–5 submarine18 launched ballistic missiles. 

19 ‘‘(C) Minuteman III intercontinental bal20 listic missiles and associated silos. 

21 ‘‘(D) Nuclear warheads or gravity bombs 

22 that can be delivered by the systems specified 

23 in subparagraph (A), (B), or (C). 


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1 ‘‘(E) Nuclear weapons delivered by means 

2 other than the systems specified in subpara3 graph (A), (B), or (C). 

4 ‘‘(2) The term ‘nuclear facilities and labora5 tories’ means the following: 

6 ‘‘(A) Los Alamos National Laboratory, Los 

7 Alamos, New Mexico. 

8 ‘‘(B) Sandia National Laboratories, Albu9 querque, New Mexico. 

10 ‘‘(C) Lawrence Livermore National Lab11 oratory, Livermore, California. 

12 ‘‘(D) The Kansas City Plant, Kansas City, 

13 Missouri. 

14 ‘‘(E) The Nevada National Security Site, 

15 Nevada. 

16 ‘‘(F) The Pantex Plant, Amarillo, Texas. 

17 ‘‘(G) The Savannah River Site, Aiken, 

18 South Carolina. 

19 ‘‘(H) The Y–12 Plant, Oak Ridge, Ten20 nessee.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such chapter is amended by inserting 

23 after the item relating to section 494 the following new 

24 item: 

‘‘495. Annual report on the plan for the modernization of the nuclear weapons 

stockpile, nuclear weapons complex, and delivery platforms.’’. 


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1 SEC. 10. CHEMISTRY AND METALLURGY RESEARCH RE2 PLACEMENT NUCLEAR FACILITY AND URA3 NIUM PROCESSING FACILITY. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) The Stockpile Stewardship Management 

6 Plan for Fiscal Year 2011, dated May 2010, said 

7 that the Chemistry and Metallurgy Research Re8 placement building and the Uranium Processing Fa9 cility are ‘‘the highest physical infrastructure prior10 ities’’ for the nuclear enterprise. 

11 (2) The November 2010 update to the report 

12 required under section 1251 of the National Defense 

13 Authorization Act for Fiscal Year 2010 (Public Law 

14 111–84; 123 Stat. 2549) said that, ‘‘The Adminis15 tration is committed to fully fund the construction 

16 of the Uranium Processing Facility (UPF) and the 

17 Chemistry and Metallurgy Research Replacement 

18 (CMRR).’’. 

19 (3) A Department of Energy briefing book re20 garding the fiscal year 2012 budget stated that, with 

21 respect to the Chemistry and Metallurgy Research 

22 Replacement nuclear facility, ‘‘The increased fund23 ing level in the FY 2012–FY 2016 period is needed 

24 to support the required schedule of construction 

25 completion in FY 2020 and a ramp-up to full oper26 ations by FY 2023.’’. 


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1 (4) The briefing book also stated that, with re2 spect to the Uranium Processing Facility, ‘‘The in3 creased funding level in the FY 2012–FY 2016 pe4 riod is needed to support the NNSA’s priority to 

5 phase out operations in Building 9212 and move re6 quired chemical processing activities from Building 

7 9212 into UPF in FY 2020, with a ramp-up to full 

8 operations in UPF by FY 2024.’’. 

9 (b) CMRR AND UPF.—Of amounts authorized to be 

10 appropriated for weapons activities of the National Nu11 clear Security Administration, the Secretary of Energy 

12 shall— 

13 (1) accelerate, to the extent possible, the design 

14 and engineering phase of the Chemistry and Metal15 lurgy Research Replacement nuclear facility (in this 

16 section referred to as the ‘‘nuclear facility’’) and the 

17 Uranium Processing Facility (in this section referred 

18 to as the ‘‘processing facility’’) in order for— 

19 (A) the construction of both facilities to be 

20 completed by not later than 2020; 

21 (B) both the nuclear facility and the proc22 essing facility to begin nuclear operations by 

23 not later than 2020; and 


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1 (C) both the nuclear facility and the proc2 essing facility to be fully operational by not 

3 later than 2023 and 2024, respectively; and 

4 (2) together with the budget of the President 

5 submitted to Congress under section 1105(a) of title 

6 31, United States Code, for fiscal years 2013 

7 through 2024, submit to the congressional defense 

8 committees a report including— 

9 (A) certification of the acceleration de10 scribed in paragraph (1); and 

11 (B) identification of the funding amounts 

12 necessary, including on a multiyear basis as ap13 propriate, for the nuclear facility and the proc14 essing facility upon completion of the design 

15 and engineering phase of such facilities. 

16 SEC. 11. POLICY ON NON-NUCLEAR WEAPONS SYSTEMS. 

17 It is the policy of the United States that convention18 ally armed, strategic-range weapons systems not co-lo19 cated with nuclear armed systems do not affect strategic 

20 stability between the United States and the Russian Fed21 eration. 

22 SEC. 12. NON-STRATEGIC NUCLEAR WEAPON REDUCTIONS 

23 AND EXTENDED DETERRENCE POLICY. 

24 (a) POLICY ON NON-STRATEGIC NUCLEAR WEAP25 ONS.—It is the policy of the United States— 


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1 (1) to pursue negotiations with the Russian 

2 Federation aimed at the reduction of Russian de3 ployed and non-deployed non-strategic nuclear 

4 forces; 

5 (2) that non-strategic nuclear weapons should 

6 be considered when weighing the balance of the nu7 clear forces of the United States and Russia; and 

8 (3) that any geographical relocation or storage 

9 of non-strategic nuclear weapons by Russia does not 

10 constitute a reduction or elimination of such weap11 ons. 

12 (b) POLICY ON EXTENDED DETERRENCE COMMIT13 MENT TO EUROPE.—It is the policy of the United States 

14 that— 

15 (1) it maintain its commitment to extended de16 terrence, specifically the nuclear alliance of the 

17 North Atlantic Treaty Organization, as an impor18 tant component of ensuring and linking the national 

19 security interests of the United States and the secu20 rity of its European allies; 

21 (2) forward-deployed nuclear forces of the 

22 United States shall remain based in Europe in sup23 port of the nuclear policy and posture of NATO; and 

24 (3) the presence of nuclear weapons of the 

25 United States in Europe—combined with NATO’s 


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1 unique nuclear sharing arrangements under which 

2 non-nuclear members participate in nuclear planning 

3 and possess specially configured aircraft capable of 

4 delivering nuclear weapons—contributes to the cohe5 sion of NATO and provides reassurance to allies and 

6 partners who feel exposed to regional threats. 

7 (c) LIMITATION ON REDUCTION, CONSOLIDATION, OR

8 WITHDRAWAL OF NUCLEAR FORCES BASED IN EU9 ROPE.—In light of the policy expressed in subsections (a) 

10 and (b), no action may be taken to effect or implement 

11 the reduction, consolidation, or withdrawal of nuclear 

12 forces of the United States that are based in Europe un13 less— 

14 (1) the reduction, consolidation, or withdrawal 

15 of such nuclear forces is requested by the govern16 ment of the host nation in the manner provided in 

17 the agreement between the United States and the 

18 host nation regarding the forces; or 

19 (2) the President certifies that— 

20 (A) NATO member states have considered 

21 the reduction, consolidation, or withdrawal in 

22 the High Level Group and NATO has decided 

23 to support such reduction, consolidation, or 

24 withdrawal; and 


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1 (B) each NATO member state has sepa2 rately concurred that the remaining nuclear 

3 forces of the United States that are based in 

4 Europe after such reduction, consolidation, or 

5 withdrawal would provide a commensurate or 

6 better level of assurance and credibility as be7 fore such reduction, consolidation, or with8 drawal. 

9 (d) NOTIFICATION.—Upon any decision to reduce, 

10 consolidate, or withdraw the nuclear forces of the United 

11 States that are based in Europe, the President shall sub12 mit to the Committees on Armed Services of the Senate 

13 and House of Representatives a notification containing— 

14 (1) the certification required by subsection 

15 (c)(2); 

16 (2) justification for such reduction, consolida17 tion, or withdrawal; and 

18 (3) an assessment of how NATO member 

19 states, in light of such reduction, consolidation, or 

20 withdrawal, assess the credibility of the deterrence 

21 capability of the United States in support of its com22 mitments undertaken pursuant to article 5 of the 

23 North Atlantic Treaty, signed at Washington, Dis24 trict of Columbia, on April 4, 1949, and entered into 


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1 force on August 24, 1949 (63 Stat. 2241; TIAS 

2 1964). 

3 (e) NOTICE AND WAIT REQUIREMENT.—The Presi4 dent may not commence a reduction, consolidation, or 

5 withdrawal of the nuclear forces of the United States that 

6 are based in Europe for which the certification required 

7 by subsection (c)(2) is made until the expiration of a 180- 

8 day period beginning on the date on which the President 

9 submits the report under subsection (d) containing the 

10 certification. 

Æ 


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