(6) Such other departments and agencies of the 
Federal Government as the Secretary of Defense 
and the heads of such departments and agencies 
jointly consider appropriate. 
(7) The national security laboratories (as de-
fined in section 3281 of the National Nuclear Secu-
rity Administration Act (50 U.S.C. 2471)). 
(d) REPORT.— 
(1) REPORT REQUIRED.—Not later than Sep-
tember 1, 2012, the Secretary shall submit to the 
appropriate committees of Congress a report on the 
force analysis and net assessment. 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form (including as 
much detail as possible), but may include a classified 
annex. 
(e) INDEPENDENT REVIEW.— 
(1) REVIEW.—The Secretary of Defense shall 
provide for the review by one or more federally fund-
ed research and development centers of the force 
analysis and net assessment conducted under sub-
section (a). 
(2) PARTICIPANTS.—The review under para-
graph (1) shall also include the participation of the 
following: 
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(A) Such additional individuals as the Sec-
retary considers appropriate with expertise in 
matters relating to— 
(i) force analysis and net assessment; 
and 
(ii) the relationship between the force 
posture of the United States and the nu-
clear deterrence, extended deterrence, as-
surance, and defense goals of the United 
States. 
(B) A separate individual (who may be a 
Member of Congress) appointed by each of the 
following: 
(i) The Chairman of the Committee 
on Armed Services of the Senate. 
(ii) The Ranking Member of the Com-
mittee on Armed Services of the Senate. 
(iii) The Chairman of the Committee 
on Foreign Relations of the Senate. 
(iv) The Ranking Member of the 
Committee on Foreign Relations of the 
Senate. 
(v) The Majority Leader of the Sen-
ate. 
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(vi) The Minority Leader of the Sen-
ate. 
(vii) The Chairman of the Committee 
on Armed Services of the House of Rep-
resentatives. 
(viii) The Ranking Member of the 
Committee on Armed Services of the 
House of Representatives. 
(ix) The Chairman of the Committee 
on Foreign Affairs of the House of Rep-
resentatives. 
(x) The Ranking Member of the Com-
mittee on Foreign Affairs of the House of 
Representatives. 
(xi) The Speaker of the House of 
Representatives. 
(xii) The Minority Leader of the 
House of Representatives. 
(3) REPORT.—Not later than 90 days after the 
date of the submittal to Congress of the report 
under subsection (d)(1), the federally funded re-
search and development center conducting a review 
under paragraph (1) shall submit to the appropriate 
committees of Congress a report on the results of 
the review. 
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(f) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate; and 
(2) the Committee on Armed Services and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 7. ANNUAL ASSESSMENT AND REPORT ON THE DELIV-
ERY PLATFORMS FOR NUCLEAR WEAPONS 
AND THE NUCLEAR COMMAND AND CONTROL 
SYSTEM. 
(a) IN GENERAL.—Chapter 24 of title 10, United 
States Code, as added by section 4, is further amended 
by adding at the end the following new section: 
‘‘§ 493. Annual assessment and report on the delivery 
platforms for nuclear weapons and the 
nuclear command and control system 
‘‘(a) ANNUAL ASSESSMENTS.—(1) Each covered offi-
cial shall annually assess the safety, security, reliability, 
sustainability, performance, and military effectiveness of 
the systems described in paragraph (2) for which such of-
ficial has responsibility. 
‘‘(2) The systems described in this paragraph are the 
following: 
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‘‘(A) Each type of delivery platform for nuclear 
weapons. 
‘‘(B) The nuclear command and control system. 
‘‘(b) ANNUAL REPORT.—(1) Not later than Decem-
ber 1 of each year, beginning in 2011, each covered official 
shall submit to the Secretary of Defense and the Nuclear 
Weapons Council established by section 179 of this title 
a report on the assessments conducted under subsection 
(a). 
‘‘(2) Each report under paragraph (1) shall include 
the following: 
‘‘(A) The results of the assessment. 
‘‘(B) An identification and discussion of any ca-
pability gaps or shortfalls with respect to the sys-
tems described in subsection (a)(2) covered under 
the assessment. 
‘‘(C) An identification and discussion of any 
risks with respect to meeting mission or capability 
requirements. 
‘‘(D) In the case of an assessment by the Com-
mander of the United States Strategic Command, if 
the Commander identifies any deficiency with re-
spect to a nuclear weapons delivery platform covered 
under the assessment, a discussion of the relative 
merits of any other nuclear weapons delivery plat-
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form type or compensatory measure that would ac-
complish the mission of such nuclear weapons deliv-
ery platform. 
‘‘(E) An identification and discussion of any 
matter having an adverse effect on the capability of 
the covered official to accurately determine the mat-
ters covered by the assessment. 
‘‘(c) REPORT TO PRESIDENT AND CONGRESS.—(1) 
Not later than March 1 of each year, beginning in 2012, 
the Secretary of Defense shall submit to the President a 
report containing— 
‘‘(A) each report under subsection (b) sub-
mitted during the previous year, as originally sub-
mitted to the Secretary; 
‘‘(B) any comments that the Secretary con-
siders appropriate with respect to each such report; 
‘‘(C) any conclusions that the Secretary con-
siders appropriate with respect to the safety, secu-
rity, reliability, sustainability, performance, or mili-
tary effectiveness of the systems described in sub-
section (a)(2); and 
‘‘(D) any other information that the Secretary 
considers appropriate. 
‘‘(2) Not later than March 15 of each year, beginning 
in 2012, the President shall transmit to the congressional 
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defense committees the report submitted to the President 
under paragraph (1), including any comments the Presi-
dent considers appropriate. 
‘‘(3) Each report under this subsection may be in 
classified form if the Secretary of Defense determines it 
necessary. 
‘‘(d) COVERED OFFICIAL DEFINED.—In this section, 
the term ‘covered official’ means— 
‘‘(1) the Commander of the United States Stra-
tegic Command; 
‘‘(2) the Director of the Strategic Systems Pro-
gram of the Navy; and 
‘‘(3) the Commander of the Global Strike Com-
mand of the Air Force.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 492 the following new 
item: 
‘‘493. Annual assessment and report on the delivery platforms for nuclear weap-
ons and the nuclear command and control system.’’. 
SEC. 8. MISSILE DEFENSE. 
(a) FINDINGS.—Congress finds that the President, in 
a letter dated December 18, 2010, pledged the following: 
(1) ‘‘The New START Treaty places no limita-
tions on the development or deployment of our mis-
sile defense programs.’’. 
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(2) ‘‘Starting in 2011, we will begin deploying 
the first phase of the [European phased, adaptive 
approach to missile defense], to protect large parts 
of southern Europe from short- and medium-range 
ballistic missile threats. In subsequent phases, we 
will deploy longer-range and more effective land- 
based standard missile-3 interceptors in Romania 
and Poland to protect Europe against medium- and 
intermediate-range ballistic missiles. In the final 
phase, planed for the end of the decade, further up-
grades of the SM–3 interceptor will provide an as-
cent-phase intercept capability to augment our de-
fense of NATO European territory, as well as that 
of the United States, against future threats of 
ICBMs launched from Iran.’’. 
(3) ‘‘Regardless of Russia’s actions in this re-
gard, as long as I am President, and as long as the 
Congress provides the necessary funding, the United 
States will continue to develop and deploy effective 
missile defenses to protect the United States, our 
deployed forces, and our allies and partners. My Ad-
ministration plans to deploy all four phases of the 
[European phased, adaptive approach to missile de-
fense].’’. 
(b) POLICY.—It is the policy of the United States— 
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(1) that defenses against ballistic missiles are 
essential for nuclear deterrence, extended deterrence, 
assurance, and defense strategies; 
(2) that any further limitations on the missile 
defense capabilities of the United States are not in 
the national security interests of the United States; 
(3) that policies based on mutual assured de-
struction or intentional vulnerability to strategic at-
tack can be contrary to the safety and security of 
both the United States and the Russian Federation, 
and both countries share a common interest in de-
fensive capabilities that help both to move coopera-
tively as soon as possible away from a strategic rela-
tionship based on mutual vulnerability; 
(4) that the United States will welcome steps by 
Russia to also adopt a fundamentally defensive stra-
tegic posture that no longer views robust strategic 
defensive capabilities as undermining the overall 
strategic balance; 
(5) to improve the strategic defensive capabili-
ties of the United States both quantitatively and 
qualitatively during the period that the New START 
treaty is in effect, and such improvements are con-
sistent with the Treaty; 
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(6) that no future agreement with Russia on 
cooperative missile defense, non-strategic nuclear 
weapons, further strategic weapons reductions, or 
any other matter shall include any restrictions on 
the missile defense options of the United States in 
Europe or elsewhere; and 
(7) to defend the United States and its allies in 
the North Atlantic Treaty Organization from all 
missile threats, including from short-range ballistic 
missiles. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that, given congressional concern about missile de-
fense issues, the President should offer both Houses of 
Congress regular briefings, not less than twice each year, 
to the Committees on Foreign Relations and Armed Serv-
ices of the Senate, and the Committees on Foreign Affairs 
and Armed Services of the House, on all missile defense 
issues related to the New START Treaty and on the 
progress of United States-Russia dialogue and cooperation 
regarding missile defense. 
(d) LIMITATIONS ON MISSILE DEFENSE.— 
(1) IN
GENERAL.—Chapter 24 of title 10, 
United States Code, as added by section 4, is fur-
ther amended by adding at the end the following 
new section: 
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‘‘§ 494. Certain limitations on missile defense 
‘‘(a) IN GENERAL.—Any agreement with a country 
or international organization or amendment to the New 
START Treaty (including an agreement made by the Bi-
lateral Consultative Commission established by the New 
START Treaty) concerning the limitation of the missile 
defense capabilities of the United States shall not be bind-
ing on the United States, and shall not enter into force 
with respect to the United States, unless after the date 
of the enactment of this section, such agreement or 
amendment is— 
‘‘(1) specifically approved with the advice and 
consent of the Senate pursuant to Article II, section 
2, clause 2 of the Constitution; or 
‘‘(2) specifically authorized by an Act of Con-
gress. 
‘‘(b) ANNUAL NOTIFICATION.—Not later than Janu-
ary 31 of each year, beginning in 2012, the President shall 
submit to the congressional defense committees a notifica-
tion of— 
‘‘(1) whether the Russian Federation has recog-
nized during the previous year the sovereign right of 
the United States to pursue quantitative and quali-
tative improvements in missile defense capabilities; 
and 
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‘‘(2) whether during any treaty negotiations or 
other Government-to-Government contacts between 
the United States and the Russian Federation (in-
cluding under the auspices of the Bilateral Consult-
ative Commission established by the New START 
Treaty) during the previous year a representative of 
the Russian Federation suggested that a treaty or 
other international agreement include, with respect 
to the United States— 
‘‘(A) restricting missile defense capabili-
ties, military capabilities in space, or conven-
tional prompt global strike capabilities; or 
‘‘(B) reducing the number of non-strategic 
nuclear weapons deployed in Europe. 
‘‘(c) NEW START TREATY DEFINED.—In this sec-
tion, the term ‘New START Treaty’ means the Treaty be-
tween the United States of America and the Russian Fed-
eration on Measures for the Further Reduction and Limi-
tation of Strategic Offensive Arms, signed on April 8, 
2010.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 493 
the following new item: 
‘‘494. Certain limitations on missile defense.’’. 
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(e) RESTRICTION OF FUNDS FOR CERTAIN TREATY 
NEGOTIATIONS.— 
(1) RESTRICTION.—No funds available to the 
Department of State or any other Federal depart-
ment or agency may be obligated or expended during 
fiscal year 2012 or any fiscal year thereafter for 
travel expenses related to treaty negotiations con-
cerning the possible reduction of covered nuclear 
systems of the United States until the date on which 
the certification under paragraph (2) is transmitted 
to Congress. 
(2) CERTIFICATION.—Not later than 30 days 
after the date of the enactment of this Act, the 
President shall transmit to Congress written notifi-
cation that negotiations described in paragraph (1) 
will not include restricting the missile defense capa-
bilities of the United States. 
SEC. 9. ANNUAL REPORT ON THE PLAN FOR THE MOD-
ERNIZATION OF THE NUCLEAR WEAPONS 
STOCKPILE, NUCLEAR WEAPONS COMPLEX, 
AND DELIVERY PLATFORMS. 
(a) ANNUAL REPORT.—Chapter 24 of title 10, 
United States Code, as added by section 4, is further 
amended by adding at the end the following new section: 
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‘‘§ 495. Annual report on the plan for the moderniza-
tion of the nuclear weapons stockpile, nu-
clear weapons complex, and delivery 
platforms 
‘‘(a) REPORT ON THE PLAN FOR THE NUCLEAR 
WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, 
AND DELIVERY PLATFORMS.—(1) Together with the 
budget of the President submitted to Congress under sec-
tion 1105(a) of title 31, United States Code, the Presi-
dent, in consultation with the Secretary of Defense and 
the Secretary of Energy, shall transmit to the congres-
sional defense committees, the Committee on Foreign Re-
lations of the Senate, and the Committee on Foreign Af-
fairs of the House of Representatives a detailed report on 
the plan to— 
‘‘(A) enhance the safety, security, and reliability 
of the nuclear weapons stockpile of the United 
States; 
‘‘(B) modernize the nuclear weapons complex; 
‘‘(C) maintain, modernize, or replace the deliv-
ery platforms for nuclear weapons; and 
‘‘(D) retire, dismantle, or eliminate any covered 
nuclear system. 
‘‘(2) Each report required under paragraph (1) shall 
include the following: 
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‘‘(A) A detailed description of the plan to en-
hance the safety, security, and reliability of the nu-
clear weapons stockpile of the United States. 
‘‘(B) A detailed description of the plan to mod-
ernize the nuclear weapons complex, including im-
proving the safety of facilities, modernizing the in-
frastructure, and maintaining the key capabilities 
and competencies of the nuclear weapons workforce, 
including designers and technicians. 
‘‘(C) A detailed description of the plan to main-
tain, modernize, and replace delivery platforms for 
nuclear weapons. 
‘‘(D) A detailed estimate of budget require-
ments, including the costs associated with the plans 
outlined under subparagraphs (A) through (C), over 
the 10-year period following the date of the report. 
‘‘(E) A detailed description of the steps taken 
to implement the plan submitted in the previous 
year. 
‘‘(b) ADVICE OF DIRECTORS OF NUCLEAR FACILI-
TIES AND LABORATORIES.—Together with the budget of 
the President submitted to Congress under section 
1105(a) of title 31, United States Code, during each fiscal 
year in which a report is transmitted under subsection (a), 
the directors of the nuclear facilities and laboratories shall 
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each submit to the congressional defense committees, the 
Committee on Foreign Relations of the Senate, the Com-
mittee on Foreign Affairs of the House of Representatives, 
the Secretary of Defense, and the Secretary of Energy an 
independent report on the implementation of and the 
funding for the plans outlined under subparagraphs (A) 
and (B) of subsection (a)(2). 
‘‘(c) FORM.—The reports required by this section 
shall be submitted in unclassified form (including as much 
detail as possible), but may include a classified annex. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered nuclear systems’ means 
the following: 
‘‘(A) B–52H or B2 bomber aircraft and 
nuclear air-launched cruise missiles. 
‘‘(B) Trident ballistic missile submarines, 
launch tubes, and Trident D–5 submarine- 
launched ballistic missiles. 
‘‘(C) Minuteman III intercontinental bal-
listic missiles and associated silos. 
‘‘(D) Nuclear warheads or gravity bombs 
that can be delivered by the systems specified 
in subparagraph (A), (B), or (C). 
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