569 
HR 1540 RFS
the sentence in accordance with section 949i(b) of 
this title’’; and 
(2) in subparagraph (D), by inserting ‘‘on the 
sentence’’ after ‘‘vote was taken’’. 
(b) PRE-TRIAL AGREEMENTS.—Section 949i of such 
title is amended— 
(1) in the first sentence of subsection (b)— 
(A) by inserting after ‘‘military judge’’ the 
following: ‘‘, including a charge or specification 
that has been referred capital,’’; 
(B) by inserting ‘‘by the military judge’’ 
after ‘‘may be entered’’; and 
(C) by inserting ‘‘by the members’’ after 
‘‘vote’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) PRE-TRIAL AGREEMENTS.—(1) A plea of guilty 
made by the accused that is accepted by a military judge 
under subsection (b) and not withdrawn prior to an-
nouncement of the sentence may form the basis for an 
agreement reducing the maximum sentence approved by 
the convening authority, including the reduction of a sen-
tence of death to a lesser punishment, or that the case 
will be referred to a military commission under this chap-
ter without seeking the penalty of death. Such an agree-
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00569
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
570 
HR 1540 RFS
ment may provide for terms and conditions in addition to 
a guilty plea by the accused in order to be effective. 
‘‘(2) A plea agreement under this subsection may not 
provide for a sentence of death imposed by a military 
judge alone. A sentence of death may only be imposed by 
the unanimous vote of all members of a military commis-
sion concurring in the sentence of death as provided in 
section 949m(b)(2)(D) of this title.’’. 
SEC. 1034. AFFIRMATION OF ARMED CONFLICT WITH AL- 
QAEDA, 
THE 
TALIBAN, 
AND 
ASSOCIATED 
FORCES. 
Congress affirms that— 
(1) the United States is engaged in an armed 
conflict with al-Qaeda, the Taliban, and associated 
forces and that those entities continue to pose a 
threat to the United States and its citizens, both do-
mestically and abroad; 
(2) the President has the authority to use all 
necessary and appropriate force during the current 
armed conflict with al-Qaeda, the Taliban, and asso-
ciated forces pursuant to the Authorization for Use 
of Military Force (Public Law 107–40; 50 U.S.C. 
1541 note); 
(3) the current armed conflict includes nations, 
organization, and persons who— 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00570
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
571 
HR 1540 RFS
(A) are part of, or are substantially sup-
porting, al-Qaeda, the Taliban, or associated 
forces that are engaged in hostilities against the 
United States or its coalition partners; or 
(B) have engaged in hostilities or have di-
rectly supported hostilities in aid of a nation, 
organization, or person described in subpara-
graph (A); and 
(4) the President’s authority pursuant to the 
Authorization for Use of Military Force (Public Law 
107–40; 50 U.S.C. 1541 note) includes the authority 
to detain belligerents, including persons described in 
paragraph (3), until the termination of hostilities. 
SEC. 1035. REQUIREMENT FOR NATIONAL SECURITY PRO-
TOCOLS GOVERNING DETAINEE COMMUNICA-
TIONS. 
(a) LIMITATION.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
House of Representatives and the Senate a national secu-
rity protocol applicable to each individual detained at 
Guantanamo. Each such national security protocol shall 
include a description of each of the following: 
(1) The authority of an individual covered by 
the protocol to have access to military or civilian 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00571
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
572 
HR 1540 RFS
legal representation, or both, and any limitations on 
such access. 
(2) Any items that are considered contraband 
for such an individual. 
(3) Any category of information that such an 
individual is not permitted to discuss or include in 
any communications made to persons other than 
Federal Government personnel and members of the 
Armed Forces or materials the individual has or cre-
ates. 
(4) Any types of materials to which such an in-
dividual is authorized to have access and the process 
by which such materials, along with materials cre-
ated by the individual, are reviewed. 
(5) The nature of any communication such an 
individual is permitted to have with any persons 
other than Federal Government personnel and mem-
bers of the Armed Forces, including mail, phone 
calls, and video teleconferences, and the extent to 
which any such communication is to be monitored. 
(6) Any meetings the individual is permitted to 
have with any persons other than Federal Govern-
ment personnel and members of the Armed Forces 
and the extent to which such a meeting is to be 
monitored. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00572
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
573 
HR 1540 RFS
(7) Any category of information or material 
that may not be provided to such an individual by 
persons other than Federal Government personnel 
and members of the Armed Forces or by the individ-
ual’s military or civilian legal counsel or military 
personal representative. 
(8) The manner in which any legal materials or 
communications subject to review under the protocol 
will be monitored for the protection of national secu-
rity while also ensuring that any applicable legal 
privileges are maintained for purposes of litigation 
related to trial under chapter 47A of title 10, United 
States Code, or a petition for habeas corpus. 
(9) The measures planned to be taken to imple-
ment and enforce the provisions of the security pro-
tocol. 
(b) TREATMENT OF CLASSIFIED MATERIAL IN SECU-
RITY PROTOCOLS.—A security protocol submitted under 
subsection (a) shall be in unclassified form but may con-
tain a classified annex. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00573
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
574 
HR 1540 RFS
SEC. 1036. PROCESS FOR THE REVIEW OF NECESSITY FOR 
CONTINUED DETENTION OF INDIVIDUALS DE-
TAINED AT NAVAL STATION, GUANTANAMO 
BAY, CUBA. 
(a) REVIEW PROCESS.—The Secretary of Defense 
shall establish a review process to review the detention of 
each individual detained at Guantanamo. Such review 
process shall be designed to determine whether the contin-
ued military detention of each such individual is necessary 
to protect the national security of the United States. The 
review process shall include, for each such individual, a 
full review not less than once every three years and a lim-
ited file review not less than once every year. 
(b) RELATIONSHIP TO OTHER LAWS.—The review 
process established by this section shall not affect the ju-
risdiction of any Federal court to determine the legality 
of the detention of an individual detained at Guantanamo. 
(c) MILITARY REVIEW PANELS.—The Secretary shall 
establish military review panels to carry out the reviews 
required by subsection (a). Each military panel shall be 
made up of military officers with expertise in operations, 
intelligence, and counterterrorism matters. Any officer as-
signed to a military panel under this subsection must have 
the necessary security clearances to review all information 
submitted by the Government in any proceeding before the 
panel. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00574
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
575 
HR 1540 RFS
(d) PROCEDURES FOR FULL REVIEW.— 
(1) MILITARY PERSONAL REPRESENTATIVES.— 
In any full review proceeding before a military panel 
established pursuant to subsection (c), an individual 
detained at Guantanamo shall be assisted by a mili-
tary personal representative with the appropriate se-
curity clearance. The military personal representa-
tive shall appear before the military panel to advo-
cate on behalf of the individual and to introduce in-
formation on behalf of the individual. 
(2) MILITARY PANEL PROCEEDINGS.—During a 
proceeding before such a military panel, such an in-
dividual, with the assistance of the individual’s mili-
tary personal representative, shall be permitted to— 
(A) present to the military panel a written 
or oral statement; 
(B) introduce relevant information, includ-
ing written declarations; 
(C) answer any questions posed by the 
military panel; and 
(D) call witnesses who are reasonably 
available and willing to provide information that 
is relevant and material to whether the indi-
vidual represents a continuing threat to the 
United States or its allies. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00575
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
576 
HR 1540 RFS
(3) ADVANCE NOTICE OF SUMMARY OF INFOR-
MATION.—Such an individual shall be provided, in 
writing and in a language the individual under-
stands, with advance notice of an unclassified sum-
mary of the factors and information the military 
panel will consider, including mitigating information 
described in paragraph (7)(D), in making a rec-
ommendation with respect to the individual’s contin-
ued military detention. 
(4) PROVISION OF INFORMATION TO MILITARY 
PERSONAL
REPRESENTATIVE.—The Government’s 
submission to the military panel regarding the 
threat posed by such an individual and any miti-
gating information described in paragraph (7)(D) 
shall be provided to the military personal representa-
tive for the individual. Where it is necessary to pro-
tect national security, including the protection of in-
telligence sources and methods, the panel may deter-
mine that the military personal representative must 
receive a sufficient substitute or summary of classi-
fied information, rather than the underlying infor-
mation. 
(5) PERMITTED
ACTIONS
BY
OUTSIDE
PAR-
TIES.—An outside party, including any private coun-
sel for such an individual, may file a written submis-
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00576
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
577 
HR 1540 RFS
sion to the military panel on the question of whether 
the individual represents a threat to the national se-
curity of the United States. An outside party filing 
such a submission must obtain written permission 
from the individual before filing the submission. 
(6) TIMEFRAME FOR REVIEW.—A full review of 
an individual detained at Guantanamo to determine 
whether the continued military detention of the indi-
vidual is necessary may not take place sooner than 
21 days after the individual first becomes an indi-
vidual detained at Guantanamo. 
(7) FACTORS
FOR
CONSIDERATION.—In con-
ducting a full review of an individual detained at 
Guantanamo, the panel shall consider whether the 
individual represents a continuing threat to the 
United States or its allies, taking into consideration 
the following factors: 
(A) The likelihood the individual will re-
sume terrorist activity if transferred or re-
leased. 
(B) The likelihood the individual will rees-
tablish ties with an organization engaged in 
hostilities against the United States or its allies 
if transferred or released. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00577
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
578 
HR 1540 RFS
(C) The behavior of the individual while in 
military custody. 
(D) Any information reviewed by the offi-
cials preparing the Government’s submission to 
the panel that tends to mitigate the threat 
posed by the individual. 
(8) INTELLIGENCE INFORMATION FACTOR.—In 
conducting a full review of an individual detained at 
Guantanamo, the panel shall consider the factor of 
whether information known to the individual could 
be of significant intelligence value to the national se-
curity of the United States, taking into consider-
ation information provided by the intelligence com-
munity, including an overall assessment provided by 
the Director of National Intelligence regarding the 
intelligence value of the information known by the 
individual. 
(9) RECOMMENDATION.—The panel shall evalu-
ate the factors described in paragraphs (7) and (8) 
with respect to an individual detained at Guanta-
namo, taking into consideration the totality of the 
circumstances, and shall make a recommendation 
with respect to whether the continued military de-
tention of the individual is necessary. 
(e) PROCEDURES FOR FILE REVIEW.— 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00578
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
579 
HR 1540 RFS
(1) GOVERNMENT
SUBMISSION
OF
INFORMA-
TION.—For each annual file review of an individual 
detained at Guantanamo, the Government shall sub-
mit to a military panel established under subsection 
(c) any significant new information regarding the 
threat posed by the individual to the United States 
or its allies, including significant mitigating informa-
tion reviewed by the officers compiling the material 
submitted by the Government. 
(2) INDIVIDUAL
WRITTEN
SUBMISSION.—The 
individual receiving the file review may submit to the 
panel such written information as the individual de-
termines appropriate. 
(3) COMMENCEMENT
OF
FULL
REVIEW.—If, 
during the course of a file review of an individual, 
a significant question is raised as to whether the 
continued military detention of the individual is nec-
essary, the Secretary of Defense shall promptly con-
vene a full review of the individual in accordance 
with this section. 
(f) PREVIOUSLY PROVIDED INFORMATION.—The of-
ficers assembling the Government submission to a military 
panel for a full review under subsection (d) or a file review 
under subsection (e) shall include in their review to pre-
pare the submission any information previously provided 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00579
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
580 
HR 1540 RFS
by the Government in discovery for a case before a mili-
tary commission or a proceeding in a Federal court relat-
ing to a petition for habeas corpus. 
(g) INTERAGENCY REVIEW BOARD.— 
(1) ESTABLISHMENT.—There is hereby estab-
lished an interagency review board. 
(2) MEMBERSHIP.—The members of the inter-
agency review board shall be senior officials of the 
Department of State, the Department of Defense, 
the Department of Justice, the Department of 
Homeland Security, and the Joint Chiefs of Staff, 
who shall be appointed the heads of their employing 
agencies. The Director of National Intelligence shall 
appoint a senior official of the Office of the Director 
of National Intelligence to serve as a non-voting ad-
visory member of the interagency review board. 
(3) RESPONSIBILITIES.— 
(A) REVIEW.—The review board shall be 
responsible for reviewing the recommendations 
of a military panel in a full review made under 
subsection (d)(9) for clear error. If the mem-
bers of the review board disagree with a rec-
ommendation of a military panel by a majority 
vote, the recommendation shall be rejected. The 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00580
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
581 
HR 1540 RFS
review board shall seek consensus in such cases 
to the greatest extent possible. 
(B) DISPOSITION
OF
INDIVIDUALS
NOT 
RECOMMENDED FOR CONTINUED DETENTION.— 
In the case of an individual who the military 
panel has recommended no longer be subject to 
military detention, if the review board accepts 
the recommendation of the military panel, the 
review board shall identify a suitable location 
outside the United States to which to transfer 
the individual. In making such recommendation, 
the board shall consider whether the country to 
which the individual is proposed to be trans-
ferred— 
(i) is not a designated state sponsor 
of terrorism or a designated foreign ter-
rorist organization; 
(ii) maintains effective control over 
each detention facility in which an indi-
vidual is to be detained if the individual is 
to be housed in a detention facility; 
(iii) is likely to subject the individual 
to prosecution; 
(iv) is not, as of the date of the cer-
tification, facing a threat that is likely to 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00581
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
582 
HR 1540 RFS
substantially affect its ability to exercise 
control over the individual; 
(v) has agreed to take effective steps 
to ensure that the individual cannot take 
action to threaten the United States, its 
citizens, or its allies in the future; 
(vi) has taken such steps as the re-
view board determines are necessary to en-
sure that the individual cannot engage or 
re-engage in any terrorist activity; 
(vii) has agreed to share any informa-
tion with the United States that— 
(I) is related to the individual or 
any associates of the individual; and 
(II) could affect the security of 
the United States, its citizens, or its 
allies; 
(viii) has agreed to allow appropriate 
agencies of the United States to have ac-
cess to the individual, if requested; and 
(ix) has made assurances regarding 
the humane treatment of the individual. 
(h) REEVALUATION OF RECOMMENDATIONS.—If the 
review board rejects the recommendation of a military 
panel with respect to an individual detained at Guanta-
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00582
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
583 
HR 1540 RFS
namo, the military panel may reevaluate the individual. 
The military panel shall determine whether to reevaluate 
such an individual by not later than 10 days after the date 
on which the review board rejects the recommendation of 
the panel, and shall complete such reevaluation by not 
later than 60 days after making such determination. 
(i) FORWARDING
OF RECOMMENDATION
AND RE-
VIEW.—Upon a decision to accept or reject a recommenda-
tion of a military panel made under subsection (g)(3), and 
after a reevaluation under subsection (h), if any, the re-
view board shall forward the recommendation and the ac-
ceptance or rejection to the Secretary of Defense for sig-
nature. In the case of a recommendation described in sub-
section (g)(3)(B), the review panel shall include with the 
recommendation a written discussion of the factors re-
ferred to in that subparagraph and a recommended loca-
tion to which to transfer the individual. The Secretary of 
Defense may only delegate the responsibility of signing 
such a recommendation and acceptance or rejection to the 
Deputy Secretary of Defense. 
(j) EXCEPTIONS.—An individual detained at Guanta-
namo shall not be subject to the review process established 
under this section under circumstances as follows: 
(1) In the case of such an individual upon 
whom charges have been served in accordance with 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00583
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
584 
HR 1540 RFS
section 948s of title 10, United States Code, until 
after final judgment has been reached on such 
charges. 
(2) In the case of such an individual who has 
been convicted by a military commission under chap-
ter 47A of such title of an offense under subchapter 
VIII of that chapter, until after the individual has 
completed his sentence. 
(3) In the case of such an individual who has 
been ordered released by a Federal court. 
(k) NO ENFORCEABLE RIGHTS.—Nothing in this sec-
tion creates any right for which an individual may seek 
enforcement in any court of the United States. 
(l) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the appropriate committees of 
Congress a report on the establishment of the review proc-
ess required under this section. 
(m) DEFINITION OF APPROPRIATE COMMITTEES OF 
CONGRESS.—In this section the term ‘‘appropriate com-
mittees of Congress’’ means— 
(1) the Committee on Armed Services and the 
Select Committee on Intelligence of the Senate; and 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00584
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
585 
HR 1540 RFS
(2) the Committee on Armed Services and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
SEC. 1037. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
OR MODIFY FACILITIES IN THE UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANS-
FERRED FROM NAVAL STATION GUANTA-
NAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be ap-
propriated or otherwise made available to the Department 
of Defense for fiscal year 2012 may be used to construct 
or modify any facility in the United States, its territories, 
or possessions to house any individual detained at Guanta-
namo for the purposes of detention or imprisonment in 
the custody or under the control of the Department of De-
fense. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
SEC. 1038. PROHIBITION ON FAMILY MEMBER VISITATION 
OF INDIVIDUALS DETAINED AT NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated for 
the Department of Defense for fiscal year 2012 may be 
used to permit any person who is a family member of an 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00585
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
586 
HR 1540 RFS
individual detained at Guantanamo to visit the individual 
at United States Naval Station, Guantanamo Bay, Cuba. 
SEC. 1039. PROHIBITION ON THE TRANSFER OR RELEASE 
OF CERTAIN DETAINEES TO OR WITHIN THE 
UNITED STATES. 
(a) PROHIBITION ON TRANSFER OR RELEASE TO OR 
WITHIN THE UNITED STATES.—None of the funds au-
thorized to be appropriated to the Department of Defense 
for fiscal year 2012 may be used to transfer or release 
an individual detained at Guantanamo or an individual de-
scribed in subsection (b) to or within the United States, 
its territories, or possessions. 
(b) INDIVIDUAL
DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces; and 
(2) is in the custody or under the effective con-
trol of the Department of Defense at a location out-
side the United States other than United States 
Naval Station, Guantanamo Bay, Cuba, and de-
tained pursuant to the Authorization for Use of 
Military Force (Public Law 107–40; 50 U.S.C. 1541 
note). 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00586
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
587 
HR 1540 RFS
SEC. 1040. PROHIBITIONS RELATING TO THE TRANSFER OR 
RELEASE OF CERTAIN DETAINEES TO OR 
WITHIN FOREIGN COUNTRIES. 
(a) LIMITATION ON TRANSFER TO FOREIGN COUN-
TRIES.— 
(1) LIMITATION.—None of the funds authorized 
to be appropriated to the Department of Defense for 
fiscal year 2012 may be used to transfer any indi-
vidual detained at Guantanamo to the custody or ef-
fective control of the individual’s country of origin, 
any other foreign country, or any other foreign enti-
ty unless the Secretary submits to Congress the cer-
tification described in paragraph (2) by not later 
than 30 days before the transfer of the individual. 
(2) 
CERTIFICATION.—The 
certification 
de-
scribed in this paragraph is a written certification 
made by the Secretary of Defense, in consultation 
with the Secretary of State, that the government of 
the foreign country or the recognized leadership of 
the foreign entity to which the individual detained at 
Guantanamo is to be transferred— 
(A) is not a designated state sponsor of 
terrorism or a designated foreign terrorist orga-
nization; 
(B) maintains effective control over each 
detention facility in which an individual is to be 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00587
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
588 
HR 1540 RFS
detained if the individual is to be housed in a 
detention facility; 
(C) is not, as of the date of the certifi-
cation, facing a threat that is likely to substan-
tially affect its ability to exercise control over 
the individual; 
(D) has agreed to take effective steps to 
ensure that the individual cannot take action to 
threaten the United States, its citizens, or its 
allies in the future; 
(E) has taken such steps as the Secretary 
determines are necessary to ensure that the in-
dividual cannot engage or reengage in any ter-
rorist activity; 
(F) has agreed to share any information 
with the United States that— 
(i) is related to the individual or any 
associates of the individual; and 
(ii) could affect the security of the 
United States, its citizens, or its allies; and 
(G) has agreed to allow appropriate agen-
cies of the United States to have access to the 
individual, if requested. 
(3) PROHIBITION ON TRANSFER IN CASES OF 
RECIDIVISM.— 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00588
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
589 
HR 1540 RFS
(A) PROHIBITION.—The Secretary of De-
fense may not transfer any individual detained 
at Guantanamo to the custody or effective con-
trol of the individual’s country of origin, any 
other foreign country, or any other foreign enti-
ty if there is a confirmed case of any individual 
detained at Guantanamo who was transferred 
to the foreign country or entity and subse-
quently engaged in any terrorist activity. 
(B) WAIVER.—The Secretary of Defense 
may waive the prohibition in subparagraph (A) 
if the Secretary determines that such a transfer 
is in the national security interests of the 
United States and includes, as part of the cer-
tification described in paragraph (2) relating to 
such transfer, the determination of the Sec-
retary under this paragraph. 
(4) LIMITATION
ON
APPLICABILITY.—Para-
graphs (1) and (3) shall not apply to any action 
taken by the Secretary of Defense to transfer any 
individual detained at Guantanamo to effectuate an 
order affecting the disposition of the individual that 
is issued by a court or competent tribunal of the 
United States having lawful jurisdiction. The Sec-
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00589
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
590 
HR 1540 RFS
retary shall notify Congress promptly upon issuance 
of any such order. 
(b) DEFINITION OF FOREIGN TERRORIST ORGANIZA-
TION.—In this section term ‘‘foreign terrorist organiza-
tion’’ means any organization so designated by the Sec-
retary of State under section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189). 
SEC. 1041. COUNTERTERRORISM OPERATIONAL BRIEFING 
REQUIREMENT. 
(a) BRIEFINGS REQUIRED.—Beginning not later 
than March 1, 2012, the Secretary of Defense shall pro-
vide to the congressional defense committees quarterly 
briefings outlining Department of Defense counterter-
rorism operations and related activities involving special 
operations forces. 
(b) ELEMENTS.—Each briefing under subsection (a) 
shall include each of the following: 
(1) A global update on activity within each geo-
graphic combatant command. 
(2) An overview of authorities and legal issues 
including limitations. 
(3) An outline of interagency activities and ini-
tiatives. 
(4) Any other matters the Secretary considers 
appropriate. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00590
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
591 
HR 1540 RFS
SEC. 1042. REQUIREMENT FOR DEPARTMENT OF JUSTICE 
CONSULTATION REGARDING PROSECUTION 
OF TERRORISTS. 
(a) IN GENERAL.—Before any officer or employee of 
the Department of Justice institutes any prosecution of 
an alien in a United States district court for a terrorist 
offense, the Attorney General, Deputy Attorney General, 
or Assistant Attorney General for the Criminal Division, 
shall consult with the Director of National Intelligence 
and the Secretary of Defense about— 
(1) whether the prosecution should take place 
in a United States district court or before a military 
commission under chapter 47A of title 10, United 
States Code; and 
(2) whether the individual should be transferred 
into military custody for purposes of intelligence 
interviews. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘terrorist offense’’ means any of-
fense for which the defendant could be tried by a 
military commission under chapter 47A of title 10, 
United States Code; and 
(2) the term ‘‘alien’’ means any person who is 
not a citizen of the United States. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00591
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
592 
HR 1540 RFS
SEC. 1043. PROHIBITION ON UNITED STATES CITIZENSHIP 
FOR DETAINEES REPATRIATED TO THE FED-
ERATED STATES OF MICRONESIA, THE RE-
PUBLIC OF PALAU, AND THE REPUBLIC OF 
THE MARSHALL ISLANDS. 
(a) 
PROHIBITION
ON
CITIZENSHIP.—Notwith-
standing the Compact of Free Association, an individual 
described in subsection (b) who has been repatriated to 
the Federated States of Micronesia, the Republic of Palau, 
or the Republic of the Marshall Islands may not be af-
forded the rights and benefits put forth in the Compact 
of Free Association. 
(b) INDIVIDUAL
DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is located at United States Naval Station, 
Guantanamo Bay, Cuba, on or after September 11, 
2001, while— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00592
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
593 
HR 1540 RFS
SEC. 1044. SENSE OF CONGRESS REGARDING THE EFFORTS 
BY THE DEPARTMENT OF DEFENSE TO KEEP 
AMERICA SAFE FROM TERRORIST ATTACKS 
SINCE 9/11. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Since September 11, 2001, at least 30 
planned terrorist attacks have been foiled and Spe-
cial Operation forces completed the mission to kill 
Osama bin Laden. 
(2) The Department of Defense and the Armed 
Services have worked diligently and honorably to 
protect citizens at home and abroad. 
(3) The Department of Defense and the Armed 
Services are meeting the challenges of the global 
struggle against terrorism. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) we continue to affirm our commitment to 
support the Department of Defense and the United 
States Armed Forces; 
(2) we recognize that the Department of De-
fense and the United States Armed Forces have 
worked diligently and honorably to protect citizens 
of the United States at home and abroad; 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00593
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
594 
HR 1540 RFS
(3) we recognize that the Department of De-
fense and the United States Armed Forces are meet-
ing the challenges of the global struggle against ter-
rorism; 
(4) we commend the men and women of the De-
partment of Defense and the United States Armed 
Forces for the tremendous commitment to keeping 
our country safe; and 
(5) we honor the Department of Defense and 
the United States Armed Forces for their success in 
preventing terrorist attacks on U.S. soil and around 
the world since 9/11. 
SEC. 1045. NATIONAL SECURITY PLANNING GUIDANCE TO 
DENY SAFE HAVENS TO AL-QAEDA AND ITS 
VIOLENT EXTREMIST AFFILIATES. 
(a) PURPOSE AND FINDINGS.— 
(1) PURPOSE.—The purpose of this section is 
to improve interagency strategic planning and execu-
tion to more effectively integrate efforts to deny safe 
havens and strengthen at-risk states to further the 
goals of the National Security Strategy related to 
the disruption, dismantlement, and defeat of al- 
Qaeda and its violent extremist affiliates. 
(2) FINDINGS.—Congress makes the following 
findings: 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00594
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
595 
HR 1540 RFS
(A) In Iraq, Afghanistan, and other areas 
where stabilization operations are carried out, 
the lack of an integrated, coordinated planning 
effort in which the goals, objectives, and prior-
ities of the United States effort and the roles 
and missions of the various agencies of the 
United States were clearly delineated has ham-
pered the efforts of the United States in such 
operations and may have contributed to in-
creased costs in funding, time, effort, and other 
terms. 
(B) The fight against al-Qaeda and its vio-
lent extremist affiliates, and the threat to the 
United States by transnational terrorism, will 
continue for the foreseeable future. 
(C) A key component of success in the 
struggle against al-Qaeda and its violent ex-
tremist affiliates is the ability to deny safe ha-
vens to al-Qaeda, its violent extremist affiliates, 
and other violent extremist organizations, and 
United States national security interests will 
sometimes require the United States to assist in 
building the capabilities of other countries and 
entities to deny such violent extremist organiza-
tions safe havens and to participate in regional 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00595
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
596 
HR 1540 RFS
efforts to deny such violent extremist organiza-
tions safe havens. 
(b) NATIONAL SECURITY PLANNING GUIDANCE.— 
(1) GUIDANCE REQUIRED.—The President shall 
issue classified or unclassified national security plan-
ning guidance in support of objectives stated in the 
national security strategy report submitted to Con-
gress by the President pursuant to section 108 of 
the National Security Act of 1947 (50 U.S.C. 404a) 
to deny safe havens to al-Qaeda and its violent ex-
tremist affiliates and to strengthen at-risk states. 
Such guidance shall serve as the strategic plan that 
governs United States and coordinated international 
efforts to enhance the capacity of governmental and 
nongovernmental entities to work toward the goal of 
eliminating the ability of al-Qaeda and its violent ex-
tremist affiliates to establish or maintain safe ha-
vens. 
(2) CONTENTS OF GUIDANCE.—The guidance 
required under paragraph (1) shall include each of 
the following: 
(A) A prioritized list of specified geo-
graphic areas that the President determines are 
necessary to address and an explicit discussion 
and list of the criteria or rationale used to 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00596
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
597 
HR 1540 RFS
prioritize the areas on the list, including a dis-
cussion of the conditions that would hamper the 
ability of the United States to strengthen at- 
risk states or other entities in such areas. 
(B) For each specified geographic area, a 
description, analysis, and discussion of the core 
problems and contributing issues that allow or 
could allow al-Qaeda and its violent extremist 
affiliates to use the area as a safe haven from 
which to plan and launch attacks, engage in 
propaganda, or raise funds and other support, 
including 
any 
ongoing 
or 
potential 
radicalization of the population, or to use the 
area as a key transit route for personnel, weap-
ons, funding, or other support. 
(C) A list of short-term, mid-term, and 
long-term goals for each specified geographic 
area, prioritized by importance. 
(D) A description of the role and mission 
of each Federal department and agency in-
volved in executing the guidance, including the 
Departments of Defense, Justice, Treasury, and 
State and the Agency for International Devel-
opment. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00597
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
598 
HR 1540 RFS
(E) A description of gaps in United States 
capabilities to meet the goals listed pursuant to 
subparagraph (C), and the extent to which 
those gaps can be met through coordination 
with nongovernmental, international, or private 
sector organizations, entities, or companies. 
(3) REVIEW AND UPDATE OF GUIDANCE.—The 
President shall review and update the guidance re-
quired under paragraph (1) as necessary. Any such 
review shall address each of the following: 
(A) The overall progress made toward 
achieving the goals listed pursuant to para-
graph (2)(C), including an overall assessment of 
the progress in denying a safe haven to al- 
Qaeda and its violent extremist affiliates. 
(B) The performance of each Federal de-
partment and agency involved in executing the 
guidance. 
(C) The performance of the unified coun-
try team and appropriate combatant command, 
or in the case of a cross-border effort, country 
teams in the area and the appropriate combat-
ant command. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00598
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
599 
HR 1540 RFS
(D) Any addition to, deletion from, or 
change in the order of the prioritized list main-
tained pursuant to paragraph (2)(A). 
(4) SPECIFIED GEOGRAPHIC AREA DEFINED.— 
In this subsection, the term ‘‘specified geographic 
area’’ means any country, subnational territory, or 
region— 
(A) that serves or may potentially serve as 
a safe haven for al-Qaeda or a violent extremist 
affiliate of al-Qaeda— 
(i) from which to plan and launch at-
tacks, engage in propaganda, or raise 
funds and other support; or 
(ii) for use as a key transit route for 
personnel, weapons, funding, or other sup-
port; and 
(B) over which one or more governments 
or entities exert insufficient governmental or se-
curity control to deny al-Qaeda and its violent 
extremist affiliates the ability to establish a 
large scale presence. 
(5) SUBMITTAL TO CONGRESS.—Not later than 
15 days after the President issues the guidance re-
quired under paragraph (1) or reviews or updates 
such guidance under paragraph (3), the President 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00599
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
600 
HR 1540 RFS
shall submit to the Committees on Armed Services 
and Foreign Affairs of the House of Representatives 
and the Committees on Armed Services and Foreign 
Relations of the Senate a copy of such guidance. 
(c) IMPLEMENTATION.— 
(1) MEMORANDUM
OF
UNDERSTANDING
RE-
QUIRED.—The head of each agency listed in the na-
tional security planning guidance required under 
subsection (b) shall enter into a memorandum of un-
derstanding regarding matters related to the imple-
mentation of such guidance. 
(2) MATTERS COVERED.— The memorandum of 
understanding required by paragraph (1) shall in-
clude each of the following: 
(A) An identification of the positions sup-
plied by each department or agency to country 
teams or teams and the appropriate combatant 
command in each specified geographic area that 
are critical for carrying out the national secu-
rity planning guidance. 
(B) The criteria used by each department 
or agency for the selection of appropriate per-
sonnel to fill the positions identified as critical 
pursuant to subparagraph (A), including the 
manner of soliciting the input from other de-
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00600
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
601 
HR 1540 RFS
partments and agencies regarding appropriate 
personnel and expertise. 
(C) The manner in which performance in 
furtherance of the national security planning 
guidance shall be considered in evaluating the 
performance of personnel designated to fill the 
positions identified as critical pursuant to sub-
paragraph (A), including the consideration of 
input from personnel from other departments 
and agencies who filled senior positions on the 
country team or relevant combatant command, 
in particular the appropriate United States am-
bassador. 
(D) The manner for implementing lessons 
learned in the course of reviewing the perform-
ance of a country team or multiple country 
teams and relevant combatant command in the 
course of reviewing the national security plan-
ning guidance under subsection (b)(3). 
(E) The manner in which disputes related 
to carrying out the national security planning 
guidance between members of the country team, 
the relevant combatant command, or depart-
ments and agencies shall be handled. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00601
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
602 
HR 1540 RFS
(3) IMPLEMENTATION
OF
MEMORANDUM
OF 
UNDERSTANDING.— Not later than 120 days after 
the memorandum of understanding required by 
paragraph (1) is signed, the heads of those depart-
ments and agencies listed in the national security 
planning guidance shall issue such policies and guid-
ance and prescribe such regulations as are necessary 
to implement the memorandum of understanding for 
the relevant matters pertaining to their respective 
departments and agencies. 
(4) UPDATE AND REVIEW.—The memorandum 
of understanding as required under paragraph (1) 
shall be updated and reviewed as necessary, but at 
a minimum shall be reviewed with each review of the 
national security planning guidance under subsection 
(b)(3). 
SEC. 1046. TRIAL OF FOREIGN TERRORISTS. 
After the date of the enactment of this Act, any for-
eign national, who— 
(1) engages or has engaged in conduct consti-
tuting an offense relating to a terrorist attack 
against persons or property in the United States or 
against any United States Government property or 
personnel outside the United States; and 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00602
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
603 
HR 1540 RFS
(2) is subject to trial for that offense by a mili-
tary commission under chapter 47A of title 10, 
United States Code; 
shall be tried for that offense only by a military commis-
sion under that chapter. 
Subtitle E—Nuclear Forces 
SEC. 1051. ANNUAL ASSESSMENT AND REPORT ON THE DE-
LIVERY PLATFORMS FOR NUCLEAR WEAPONS 
AND THE NUCLEAR COMMAND AND CONTROL 
SYSTEM. 
(a) IN GENERAL.—Chapter 23 of title 10, United 
States Code, as amended by section 1071 and 1072, is 
further amended by adding after section 490a the fol-
lowing new section: 
‘‘§ 490b. Annual assessment and report on the deliv-
ery 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: 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00603
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
604 
HR 1540 RFS
‘‘(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-
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00604
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
605 
HR 1540 RFS
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 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00605
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
606 
HR 1540 RFS
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 related to section 490a the following new 
item: 
‘‘490b. Annual assessment and report on the delivery platforms for nuclear 
weapons and the nuclear command and control system.’’. 
SEC. 1052. PLAN ON IMPLEMENTATION OF THE NEW START 
TREATY. 
(a) PLAN REQUIRED.—Not later than December 12, 
2011, the Secretary of Defense, in consultation with the 
Secretary of the Navy, the Secretary of the Air Force, and 
the Commander of the United States Strategic Command, 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00606
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
607 
HR 1540 RFS
shall submit to the congressional defense committees and 
to the Committee on Foreign Affairs of the House of Rep-
resentatives and the Committee on Foreign Relations of 
the Senate a plan for the Department of Defense to imple-
ment the nuclear force reductions, limitations, and 
verification and transparency measures contained in the 
New START Treaty. 
(b) MATTERS INCLUDED.—The plan under sub-
section (a) shall include the following: 
(1) A description of the nuclear force structure 
of the United States under the New START Treaty, 
including— 
(A) the composition of intercontinental bal-
listic missiles, submarine launched ballistic mis-
siles, and bombers; 
(B) the planned composition of the types 
and quantity of warheads for each delivery vehi-
cle described in subparagraph (A); 
(C) the number of nondeployed and retired 
warheads; and 
(D) the plans for maintaining the flexi-
bility of the nuclear force structure within the 
limits of the New START Treaty. 
(2) A description of changes necessary to imple-
ment the reductions, limitations, and verification 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00607
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
608 
HR 1540 RFS
and transparency measures contained in the New 
START Treaty, including— 
(A) how each military department plans to 
implement such changes; and 
(B) an identification of any programmatic, 
operational, or policy effects resulting from 
such changes. 
(3) The total costs associated with the reduc-
tions, limitations, and verification and transparency 
measures contained in the New START Treaty, and 
the funding profile by year and program element. 
(4) An implementation schedule and associated 
key decision points. 
(5) A description of options for and feasibility 
of accelerating the implementation of the New 
START Treaty, including a description of any po-
tential cost savings, benefits, or risks resulting from 
such acceleration. 
(6) Any other information the Secretary con-
siders necessary. 
(c) COMPTROLLER GENERAL REVIEW.—Not later 
than 180 days after the date on which the plan is sub-
mitted under subsection (a), the Comptroller General of 
the United States shall submit to the congressional de-
fense committees a review of the plan. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00608
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
609 
HR 1540 RFS
(d) FORM.—The plan under subsection (a) and the 
review under subsection (c) shall be submitted in unclassi-
fied form, but may include a classified annex. 
(e) NEW START TREATY DEFINED.—In this sec-
tion, 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. 
SEC. 1053. ANNUAL REPORT ON THE PLAN FOR THE MOD-
ERNIZATION OF THE NUCLEAR WEAPONS 
STOCKPILE, NUCLEAR WEAPONS COMPLEX, 
AND DELIVERY PLATFORMS. 
(a) REPORT
ON
THE PLAN
FOR
THE NUCLEAR 
WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, 
AND DELIVERY PLATFORMS.— 
(1) IN GENERAL.—Together with the budget of 
the President submitted to Congress under section 
1105(a) of title 31, United States Code, for each of 
fiscal years 2013 through 2019, the President, in 
consultation with the Secretary of Defense and the 
Secretary of Energy, shall transmit to the congres-
sional defense committees, the Committee on For-
eign Relations of the Senate, and the Committee on 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00609
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
610 
HR 1540 RFS
Foreign Affairs of the House of Representatives a 
detailed report on the plan to— 
(A) enhance the safety, security, and reli-
ability of the nuclear weapons stockpile of the 
United States; 
(B) modernize the nuclear weapons com-
plex; 
(C) maintain, modernize, or replace the de-
livery platforms for nuclear weapons; and 
(D) retire, dismantle, or eliminate any cov-
ered nuclear system. 
(2) ELEMENTS.—Each report required under 
paragraph (1) shall include the following: 
(A) A detailed description of the plan to 
enhance the safety, security, and reliability of 
the nuclear weapons stockpile of the United 
States. 
(B) A detailed description of the plan to 
modernize the nuclear weapons complex, includ-
ing improving the safety of facilities, modern-
izing the infrastructure, and maintaining the 
key capabilities and competencies of the nuclear 
weapons workforce, including designers and 
technicians. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00610
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
611 
HR 1540 RFS
(C) A detailed description of the plan to 
maintain, modernize, and replace delivery plat-
forms 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) FORM.—The reports under subsection (a) shall 
be submitted in unclassified form (including as much de-
tail as possible), but may include a classified annex. 
(c) COVERED NUCLEAR SYSTEM DEFINED.—The 
term ‘‘covered nuclear system’’ means the following: 
(1) B–52H or B2 bomber aircraft and nuclear 
air-launched cruise missiles. 
(2) Trident ballistic missile submarines, launch 
tubes, and Trident D–5 submarine-launched ballistic 
missiles. 
(3) Minuteman III intercontinental ballistic 
missiles and associated silos. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00611
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
612 
HR 1540 RFS
(4) Nuclear warheads or gravity bombs that 
can be delivered by the systems specified in para-
graph (1), (2), or (3). 
(5) Nuclear weapons delivered by means other 
than the systems specified in paragraph (1), (2), or 
(3). 
SEC. 1054. SENSE OF CONGRESS ON NUCLEAR FORCE RE-
DUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) As of September 30, 2009, the stockpile of 
nuclear weapons of the United States has been re-
duced by 84 percent from its maximum level in 1967 
and by more than 75 percent from its level when the 
Berlin Wall fell in November 1989. 
(2) The number of non-strategic nuclear weap-
ons of the United States has declined by approxi-
mately 90 percent from September 30, 1991, to Sep-
tember 30, 2009. 
(3) The Treaty between the United States of 
America and the Russian Federation on Measures 
for the Further Reduction and Limitation of Stra-
tegic Offensive Arms (commonly known as the ‘‘New 
START Treaty’’) signed on April 8, 2010, and en-
tered into force on February 5, 2011, will signifi-
cantly reduce the strategic nuclear forces of the 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00612
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
613 
HR 1540 RFS
United States to 1,550 deployed warheads and a 
combined limit of 800 deployed and nondeployed 
intercontinental ballistic missile launchers, sub-
marine launched ballistic missile launchers, and 
heavy bombers equipped to carry nuclear weapons. 
(4) The Nuclear Posture Review of April 2010 
stated that, ‘‘the President has directed a review of 
potential future reductions in U.S. nuclear weapons 
below New START levels.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) any reductions in the nuclear forces of the 
United States should be supported by a thorough as-
sessment of the strategic environment, threat, and 
policy and the technical and operational implications 
of such reductions; and 
(2) specific criteria are necessary to guide fu-
ture decisions regarding further reductions in the 
nuclear forces of the United States. 
SEC. 1055. LIMITATION ON NUCLEAR FORCE REDUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) As of September 30, 2009, the stockpile of 
nuclear weapons of the United States has been re-
duced by 84 percent from its maximum level in 1967 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00613
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
614 
HR 1540 RFS
and by more than 75 percent from its level when the 
Berlin Wall fell in November 1989. 
(2) The number of non-strategic nuclear weap-
ons of the United States has declined by approxi-
mately 90 percent from September 30, 1991, to Sep-
tember 30, 2009. 
(3) The President of the United States, in a 
letter dated December 18, 2010, declared that, ‘‘I 
recognize that nuclear modernization requires invest-
ment for the long-term, in addition to this one-year 
budget increase. That is my commitment to the Con-
gress that my Administration will pursue these pro-
grams and capabilities for as long as I am Presi-
dent. In future years, we will provide annual updates 
to the [report required under section 1251 of the 
National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2549)].’’. 
(4) On March 29, 2011, the Assistant to the 
President for National Security Affairs stated, ‘‘As 
we implement New START, we’re making prepara-
tions 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 stockpile, which stands at approximately 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00614
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
615 
HR 1540 RFS
5,000 warheads, including both deployed and reserve 
warheads. To develop these options for further re-
ductions, we need to consider several factors, such 
as potential changes in targeting requirements and 
alert postures that are required for effective deter-
rence.’’. 
(b) IMPLEMENTATION OF NEW START TREATY.— 
(1) LIMITATION.— 
(A) Except as provided by paragraph (2) 
or (4), the Secretary of Defense and the Sec-
retary of Energy may not obligate or expend 
amounts appropriated or otherwise made avail-
able to the Department of Defense or the De-
partment of Energy for any of fiscal years 2011 
through 2017 to retire any covered nuclear sys-
tem of the United States as required by the 
New START Treaty. 
(B) Nothing in subparagraph (A) shall be 
construed to limit any action (including 
verification) required by the New START Trea-
ty other than retiring any covered nuclear sys-
tem of the United States. 
(2) WAIVER.—The Secretary of Defense and 
the Secretary of Energy may jointly waive the limi-
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00615
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
616 
HR 1540 RFS
tation under paragraph (1)(A) for a covered nuclear 
system if— 
(A) the Secretaries submit to the congres-
sional defense committees written notice of the 
status of carrying out the modernization plan 
described in the most recent report required by 
section 1053; and 
(B) with respect to such notice— 
(i) if the notice describes that such 
plan is being carried out, a period of 30 
days has elapsed following the date on 
which the President submits to the con-
gressional defense committees such report 
that includes written notice of the pro-
posed retirement 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 con-
gressional defense committees the report 
described in clause (i). 
(3) DEFINITIONS.—In this subsection: 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00616
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
617 
HR 1540 RFS
(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). 
(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 
covered nuclear system, includes retiring, dis-
mantling, eliminating, removing from deployed 
status or preparing to retire, dismantle, elimi-
nate, or remove from deployed status. 
(4) EXCEPTION.—The limitation in paragraph 
(1)(A) shall not apply with respect to activities de-
termined by the Secretary of Defense to be nec-
essary to ensure the continued safety, security, and 
reliability of the nuclear weapons stockpile. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00617
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
618 
HR 1540 RFS
(c) PROHIBITION
ON REDUCTION
OF STOCKPILE 
HEDGE.— 
(1) IN
GENERAL.—The Secretary of Defense 
and the Secretary of Energy may not obligate or ex-
pend amounts appropriated or otherwise made avail-
able to the Department of Defense or the Depart-
ment of Energy to retire, dismantle, or eliminate, or 
prepare to retire, dismantle, or eliminate, any non-
deployed strategic or non-strategic nuclear weapon 
until the date that is 90 days after the date on 
which the Secretary of Energy submits to the con-
gressional defense committees written certification 
that— 
(A) the Chemistry and Metallurgy Re-
search Replacement nuclear facility (in this 
paragraph referred to as the ‘‘nuclear facility’’) 
and the Uranium Processing Facility (in this 
paragraph referred to as the ‘‘processing facil-
ity’’) are fully operational; 
(B) the nuclear facility and the Plutonium 
Facility–4 are together able to deliver to the 
nuclear 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 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00618
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
619 
HR 1540 RFS
80 refurbished or new canned subassemblies per 
year; and 
(D) the nuclear security enterprise has a 
capacity that supports two simultaneous life ex-
tension programs. 
(2) EXCEPTION.—The limitation in paragraph 
(1) shall not apply with respect to— 
(A) the dismantlement of legacy warheads 
that are awaiting dismantlement on the date of 
the enactment of this Act or have been des-
ignated for retirement by the date of the enact-
ment of this Act; or 
(B) activities determined by the Secretary 
of Defense to be necessary to ensure the contin-
ued safety, security, and reliability of the nu-
clear weapons stockpile. 
(d) PROHIBITION ON UNILATERAL REDUCTION OF 
NUCLEAR WEAPONS.— 
(1) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 130e. Prohibition on unilateral reduction of nu-
clear weapons 
‘‘(a) IN GENERAL.—Except as provided by subsection 
(c), the President may not retire, dismantle, or eliminate, 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00619
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
620 
HR 1540 RFS
or prepare to retire, dismantle, or eliminate, any nuclear 
weapon of the United States (including 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 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. 
‘‘(c) EXCEPTION.—Subsection (a) shall not apply 
with respect to activities determined by the Secretary of 
Defense to be necessary to ensure the continued safety, 
security, and reliability of the nuclear weapons stockpile.’’. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of such chapter is amended 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00620
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
621 
HR 1540 RFS
by inserting after the item relating to section 130d 
the following new item: 
‘‘130e. Prohibition on unilateral reduction of nuclear weapons.’’. 
(e) NEW START TREATY DEFINED.—In this sec-
tion, 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 Con-
gress, included a requirement that any future reduc-
tions 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 targeting strategy from counterforce tar-
geting to countervalue targeting’’. 
(2) On March 29, 2011, the Assistant to the 
President for National Security Affairs stated, ‘‘As 
we implement New START, we’re making prepara-
tions for the next round of nuclear reductions. 
Under the President’s direction, the Department of 
Defense will review our strategic requirements and 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00621
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
622 
HR 1540 RFS
develop options for further reductions in our current 
nuclear stockpile, which stands at approximately 
5,000 warheads, including both deployed and reserve 
warheads. To develop these options for further re-
ductions, we need to consider several factors, such 
as potential changes in targeting requirements and 
alert postures that are required for effective deter-
rence.’’. 
(b) CHANGES TO STRATEGY.—The President may 
not make any changes to the nuclear employment strategy 
of the United States unless— 
(1) the President submits to the appropriate 
congressional committees a report on such proposed 
changes, including— 
(A) the implication of such changes on the 
flexibility and resilience of the strategic forces 
of the United States and the ability of such 
forces to support the goals of the United States 
with respect to nuclear deterrence, extended de-
terrence, assurance, and defense; 
(B) 
certification 
that 
such 
proposed 
changes do not require a change in targeting 
strategy from counterforce targeting to counter-
value targeting; and 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00622
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
623 
HR 1540 RFS
(C) 
certification 
that 
such 
proposed 
changes preserve the nuclear force structure 
triad composed of land-based intercontinental 
ballistic missiles, submarine-launched ballistic 
missiles, and strategic bomber aircraft; and 
(2) a period of 90 days has elapsed after the 
date on which such report under paragraph (1) is 
submitted. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the congressional defense committees; and 
(2) the Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate. 
SEC. 1057. COMPTROLLER GENERAL REPORT ON NUCLEAR 
WEAPON CAPABILITIES AND FORCE STRUC-
TURE REQUIREMENTS. 
(a) COMPTROLLER GENERAL STUDY REQUIRED.— 
The Comptroller General of the United States shall con-
duct a study on the strategic nuclear weapons capabilities, 
force structure, employment policy, and targeting require-
ments of the Department of Defense. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00623
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
629 
HR 1540 RFS
competency of the Department of Defense financial 
management personnel to perform the financial and 
budgetary skills identified pursuant to subsection 
(a). 
(2) COMPETENCY ASSESSMENT.—Following the 
issuance of the joint guidance required by paragraph 
(1), the Chief Management Officer of the Depart-
ment of Defense, in the case of the Defense Finance 
and Accounting Service or other Defense Agency, 
and the Chief Management Officers of the military 
departments, shall each conduct a competency as-
sessment of the financial management personnel of 
the Defense Agencies and the military departments, 
respectively. 
(3) 
REPORTS
AND
CORRECTIVE
ACTION 
PLANS.—Each Chief Management Officer shall pre-
pare and submit to the Secretary Defense a report 
on each competency assessment conducted, along 
with a corrective action plan for any skill gaps iden-
tified, within 180 days after the date of the enact-
ment of this Act. The report should include a correc-
tive action plan for each skills gap identified, includ-
ing— 
(A) near-term and longer-term measures 
for resolution; 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00629
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
636 
HR 1540 RFS
(d) ANNUAL REPORT ON FISHER HOUSES.—Section 
2493 of title 10, United States Code, is amended by strik-
ing subsection (g). 
(e) ANNUAL REPORT ON PUBLIC SALES OF MILI-
TARY EQUIPMENT.— 
(1) IN
GENERAL.—Chapter 153 of title 10, 
United States Code, is amended by striking section 
2582. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by striking the item relating to section 2582. 
(f) ANNUAL REPORT ON THE CHIEF OF NAVY RE-
SERVE.—Section 5143 of title 10, United States Code, is 
amended by striking subsection (e). 
(g) REQUESTS FOR IDENTIFICATION OF NOMINATING 
AUTHORITY FOR PERSONS APPOINTED TO THE NAVAL 
ACADEMY.—Section 6954 of title 10, United States Code, 
is amended by striking subsection (f) and redesignating 
subsections (g) and (h) as subsections (f) and (g), respec-
tively. 
(h) BIENNIAL REPORT ON EDUCATIONAL ASSIST-
ANCE FOR MEMBERS OF THE SELECTED RESERVE.— 
(1) REPEAL.—Chapter 1606 of title 10, United 
States Code, is amended by striking section 16137. 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00636
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
643 
HR 1540 RFS
date on which the President submits to 
Congress the budget for a fiscal year’’; and 
(ii) by striking ‘‘include with the de-
fense budget materials for each fiscal 
year’’ and insert ‘‘submit to the congres-
sional defense committees’’; and 
(B) in paragraph (1), by inserting ‘‘, the 
Department of the Army,’’ after ‘‘Navy’’; 
(2) in subsection (b)— 
(A) in paragraph (4), by striking ‘‘Stra-
tegic’’ and inserting ‘‘Intertheater’’; 
(B) by redesignating paragraph (8) as 
paragraph (11); and 
(C) by inserting after paragraph (7) the 
following new paragraphs: 
‘‘(8) Remotely piloted aircraft. 
‘‘(9) Rotary-wing aircraft. 
‘‘(10) Operational support and executive lift 
aircraft.’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘national 
security strategy of the United States’’ and in-
serting ‘‘national military strategy of the 
United States’’; and 
(B) in paragraph (2)— 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00643
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
644 
HR 1540 RFS
(i) in subparagraph (A), by inserting 
‘‘, the Department of the Army,’’ after 
‘‘Navy’’; 
(ii) in subparagraph (B), by striking 
‘‘national security strategy of the United 
States’’ and inserting ‘‘national military 
strategy of the United States’’; 
(iii) in subparagraph (C)— 
(I) by inserting ‘‘investment’’ be-
fore ‘‘funding’’; 
(II) by striking ‘‘the program’’ 
and inserting ‘‘each aircraft pro-
gram’’; 
(III) by inserting before the pe-
riod at the end the following: ‘‘, set 
forth in aggregate for the Department 
of Defense and in aggregate for each 
military department’’; 
(iv) by redesignating subparagraph 
(D) as subparagraph (F); 
(v) by inserting after subparagraph 
(C) the following new subparagraphs: 
‘‘(D) The estimated level of annual funding 
necessary to operate, maintain, sustain, and support 
each aircraft program throughout the life-cycle of 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00644
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
645 
HR 1540 RFS
the program, set forth in aggregate for the Depart-
ment of Defense and in aggregate for each military 
department. 
‘‘(E) For each of the cost estimates required by 
subparagraphs (C) and (D)— 
‘‘(i) a description of whether the cost esti-
mate is derived from the cost estimate position 
of the military department or derived from the 
cost estimate position of the Cost Analysis and 
Program Evaluation office of the Secretary of 
Defense; 
‘‘(ii) if the cost estimate position of the 
military department and the cost estimate posi-
tion of the Cost Analysis and Program Evalua-
tion office differ by more than .5 percent for 
any aircraft program, an annotated cost esti-
mate difference and sufficient rationale to ex-
plain the difference; and 
‘‘(iii) the confidence or certainty level asso-
ciated with the cost estimate for each aircraft 
program.’’. 
(vi) in subparagraph (F), as redesig-
nated by clause (iv), by inserting ‘‘, the 
Department of the Army,’’ after ‘‘Navy’’; 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00645
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS
673 
HR 1540 RFS
(A) section 915 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 
4329) (relating to the preservation of the solid 
rocket motor industrial base); 
(B) section 916 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 
4330) (relating to the implementation plan to 
sustain solid rocket motor industrial base); 
(C) section 917 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 
4330) (relating to the review and plan on 
sustainment of liquid rocket propulsion systems 
industrial base); 
(D) section 1078 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2479) (relating to the 
plan for sustainment of land-based solid rocket 
motor industrial base); and 
(E) section 1050 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 318) (relating to the 
report on solid rocket motor industrial base). 
VerDate Mar 15 2010 
23:36 Jun 06, 2011
Jkt 099200
PO 00000
Frm 00673
Fmt 6652
Sfmt 6201
E:\BILLS\H1540.RFS
H1540
rfrederick on DSKD9S0YB1PROD with BILLS