475 
sional defense committees such report that 
includes written notice of the proposed re-
tirement of such nuclear system, as required 
by subsection (a)(1)(D) of such section 
1053; or 
(ii) if the notice describes that such 
plan is not being carried out, a period of 
180 days has elapsed following the date on 
which the President submits to the congres-
sional defense committees the report de-
scribed in clause (i). 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘covered nuclear systems’’ 
means the following: 
(i) B–52H or B2 bomber aircraft and 
nuclear air-launched cruise missiles. 
(ii) Trident ballistic missile sub-
marines, launch tubes, and Trident D–5 
submarine-launched ballistic missiles. 
(iii) Minuteman III intercontinental 
ballistic missiles and associated silos. 
(iv) Nuclear warheads or gravity 
bombs that can be delivered by the systems 
specified in clause (i), (ii), or (iii). 
VerDate Mar 15 2010 
21:02 May 17, 2011
Jkt 099200
PO 00000
Frm 00475
Fmt 6652
Sfmt 6203
E:\BILLS\H1540.RH
H1540
tjames on DSKG8SOYB1PROD with BILLS
476 
(v) Nuclear weapons delivered by 
means other than the systems specified in 
clause (i), (ii), or (iii). 
(B) The term ‘‘retire’’, with respect to a cov-
ered nuclear system, includes retiring, disman-
tling, eliminating, removing from deployed sta-
tus or preparing to retire, dismantle, eliminate, 
or remove from deployed status. 
(c) PROHIBITION
ON
REDUCTION
OF
STOCKPILE 
HEDGE.— 
(1) IN GENERAL.—The Secretary of Defense and 
the Secretary of Energy may not obligate or expend 
amounts appropriated or otherwise made available to 
the Department of Defense or the Department of En-
ergy to retire, dismantle, or eliminate, or prepare to 
retire, dismantle, or eliminate, any nondeployed stra-
tegic or non-strategic nuclear weapon until the date 
that is 90 days after the date on which the Secretary 
of Energy submits to the congressional defense com-
mittees written certification that— 
(A) the Chemistry and Metallurgy Research 
Replacement nuclear facility (in this paragraph 
referred to as the ‘‘nuclear facility’’) and the 
Uranium Processing Facility (in this paragraph 
VerDate Mar 15 2010 
21:02 May 17, 2011
Jkt 099200
PO 00000
Frm 00476
Fmt 6652
Sfmt 6203
E:\BILLS\H1540.RH
H1540
tjames on DSKG8SOYB1PROD with BILLS
477 
referred to as the ‘‘processing facility’’) are fully 
operational; 
(B) the nuclear facility and the Plutonium 
Facility–4 are together able to deliver to the nu-
clear weapons stockpile not less than a total of 
80 pits per year; 
(C) the processing facility is able to deliver 
to the nuclear weapons stockpile not less than 80 
refurbished or new canned subassemblies per 
year; and 
(D) the nuclear security enterprise has a ca-
pacity that supports two simultaneous life exten-
sion programs. 
(2) EXCEPTION.—The limitation in paragraph 
(1) shall not apply with respect to the dismantlement 
of legacy warheads that are awaiting dismantlement 
on the date of the enactment of this Act. 
(d) PROHIBITION ON UNILATERAL REDUCTION OF NU-
CLEAR WEAPONS.— 
(1) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
VerDate Mar 15 2010 
21:02 May 17, 2011
Jkt 099200
PO 00000
Frm 00477
Fmt 6652
Sfmt 6203
E:\BILLS\H1540.RH
H1540
tjames on DSKG8SOYB1PROD with BILLS
478 
‘‘§ 130e. Prohibition on unilateral reduction of nu-
clear weapons 
‘‘(a) IN GENERAL.—The President may not retire, dis-
mantle, or eliminate, or prepare to retire, dismantle, or 
eliminate, any nuclear weapon of the United States (includ-
ing such deployed weapons and nondeployed weapons and 
warheads in the nuclear weapons stockpile) if such action 
would reduce the number of such weapons to a number that 
is less than the level described in the New START Treaty 
unless such action is— 
‘‘(1) required by a treaty or international agree-
ment specifically approved with the advice and con-
sent 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) NEW START TREATY DEFINED.—In this section, 
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.’’. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 130d the 
following new item: 
‘‘130e. Prohibition on unilateral reduction of nuclear weapons.’’. 
VerDate Mar 15 2010 
21:02 May 17, 2011
Jkt 099200
PO 00000
Frm 00478
Fmt 6652
Sfmt 6213
E:\BILLS\H1540.RH
H1540
tjames on DSKG8SOYB1PROD with BILLS
479 
(e) NEW START TREATY DEFINED.—In this section, 
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. 
SEC. 1056. NUCLEAR EMPLOYMENT STRATEGY. 
(a) FINDINGS.—Congress finds the following: 
(1) Section 1057 of H.R. 5136, as passed by the 
House of Representatives during the 111th Congress, 
included a requirement that any future reductions of 
the nuclear forces of the United States below the level 
described in the New START Treaty be contingent on 
the certification by the Secretary of Defense that 
‘‘such reduction does not require a change in tar-
geting strategy from counterforce targeting to counter-
value targeting’’. 
(2) On March 29, 2011, the Assistant to the 
President for National Security Affairs stated, ‘‘As we 
implement New START, we’re making preparations 
for the next round of nuclear reductions. Under the 
President’s direction, the Department of Defense will 
review our strategic requirements and develop options 
for further reductions in our current nuclear stock-
pile, which stands at approximately 5,000 warheads, 
including both deployed and reserve warheads. To de-
VerDate Mar 15 2010 
21:02 May 17, 2011
Jkt 099200
PO 00000
Frm 00479
Fmt 6652
Sfmt 6203
E:\BILLS\H1540.RH
H1540
tjames on DSKG8SOYB1PROD with BILLS