427 
ment of a member of the military forces of a foreign country 
to a Department of Defense organization for the purpose 
of assisting the member to obtain education and training 
to improve the member’s ability to understand and respond 
to information security threats, vulnerabilities of informa-
tion security systems, and the consequences of information 
security incidents. 
‘‘(b) PAYMENT OF CERTAIN EXPENSES.—To facilitate 
the assignment of a member of a foreign military force to 
a Department of Defense organization under subsection (a), 
the Secretary of Defense may pay such expenses in connec-
tion with the assignment as the Secretary considers in the 
national security interests of the United States. 
‘‘(c) PROTECTION
OF
DEPARTMENT
CYBERSECU-
RITY.—In authorizing the temporary assignment of mem-
bers of foreign military forces to Department of Defense or-
ganizations under subsection (a), the Secretary of Defense 
shall require the inclusion of adequate safeguards to prevent 
any compromising of Department information security. 
‘‘(d) MULTI-YEAR AVAILABILITY OF FUNDS.—Funds 
available to carry out this section shall be available, to the 
extent provided in appropriations Acts, for programs and 
activities under this section that begin in a fiscal year and 
end in the following fiscal year. 
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‘‘(e) INFORMATION SECURITY DEFINED.—In this sec-
tion, the term ‘information security’ refers to— 
‘‘(1) the confidentiality, integrity, or availability 
of an information system or the information such sys-
tem processes, stores, or transmits; and 
‘‘(2) the security policies, security procedures, or 
acceptable use policies with respect to an information 
system.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 1051b the 
following new item: 
‘‘1051c. Multilateral, bilateral, or regional cooperation programs: assignments to 
improve education and training in information security.’’. 
(b) REPORT ON EXPANSION OF FELLOWSHIP OPPOR-
TUNITIES.—Not later one year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to 
Congress a report evaluating the feasibility and benefits of 
expanding the fellowship program authorized by section 
1051c of title 10, United States Code, as added by sub-
section (a), to include ministry of defense officials, security 
officials, or other civilian officials of foreign countries. 
SEC. 964. REPORT ON UNITED STATES SPECIAL OPER-
ATIONS COMMAND STRUCTURE. 
(a) REPORT.—Not later than March 1, 2012, the Sec-
retary of Defense shall submit to the congressional defense 
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committees a study of the United States Special Operations 
Command sub-unified structure. 
(b) ELEMENTS.—The report required under this sec-
tion shall include, at a minimum, the following: 
(1) Recommendations to revise as necessary the 
present command structure to better support develop-
ment and deployment of joint special operations 
forces and capabilities. 
(2) Any other matters the Secretary considers 
appropriate. 
(c) FORM.—The report required under this section 
shall be submitted in unclassified form, but may include 
a classified annex. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2012 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
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be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that the 
Secretary may transfer under the authority of this 
section may not exceed $4,000,000,000. 
(3) EXCEPTION FOR TRANSFERS BETWEEN MILI-
TARY
PERSONNEL
AUTHORIZATIONS.—A transfer of 
funds between military personnel authorizations 
under title IV shall not be counted toward the dollar 
limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items from 
which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority 
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred 
by an amount equal to the amount transferred. 
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(d) NOTICE
TO
CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under sub-
section (a). 
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go-Act of 2010, 
shall be determined by reference to the latest statement titled 
‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 
submitted for printing in the Congressional Record by the 
Chairman of the Committee on the Budget of the House of 
Representatives, as long as such statement has been sub-
mitted prior to the vote on passage of this Act. 
Subtitle B—Counter-Drug Activities 
SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK 
FORCES TO PROVIDE SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTERTERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 
371 note), as most recently amended by section 1012(a) of 
the Ike Skelton National Defense Authorization Act for Fis-
cal Year 2011 (Public Law 111–383; 124 Stat. 4346), is 
amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 
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SEC. 1012. EXTENSION OF AUTHORITY OF DEPARTMENT OF 
DEFENSE TO PROVIDE ADDITIONAL SUPPORT 
FOR COUNTERDRUG ACTIVITIES OF OTHER 
GOVERNMENTAL AGENCIES. 
(a) ONE-YEAR
EXTENSION
OF
AUTHORITY.—Sub-
section (a) of section 1004 of the National Defense Author-
ization Act for Fiscal Year 1991 (Public Law 101–510; 10 
U.S.C. 374 note) is amended by striking ‘‘During fiscal 
years 2002 through 2011’’ and inserting ‘‘Until September 
30, 2013’’. 
(b) COVERAGE OF TRIBAL LAW ENFORCEMENT AGEN-
CIES.—Such section is further amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘tribal,’’ after ‘‘local,’’; and 
(B) in paragraph (2), by striking ‘‘State or 
local’’ both places it appears and insert ‘‘State, 
local, or tribal’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘State or 
local’’ and inserting ‘‘State, local, or tribal’’; 
(B) in paragraph (4), by striking ‘‘State, or 
local’’ and inserting ‘‘State, local, or tribal’’; and 
(C) in paragraph (5), by striking ‘‘State 
and local’’ and inserting ‘‘State, local, and trib-
al’’. 
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(c) CLARIFICATION OF AUTHORITY TO PROVIDE CER-
TAIN NONLETHAL EQUIPMENT OR SERVICES.—Subsection 
(b)(4) of such section is amended by inserting before the 
period at the end the following: ‘‘, including the provision 
of nonlethal equipment or services necessary for the oper-
ation of such bases or facilities, other than any equipment 
specifically identified in section 1033 of the National De-
fense Authorization Act for Fiscal Year 1998’’. 
SEC. 1013. ONE-YEAR EXTENSION OF AUTHORITY TO PRO-
VIDE ADDITIONAL SUPPORT FOR COUNTER- 
DRUG ACTIVITIES OF CERTAIN FOREIGN GOV-
ERNMENTS. 
Subsection (a)(2) of section 1033 of the National De-
fense Authorization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 1881), as most recently amended by sec-
tion 1014(a) of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383; 124 
Stat. 4347), is amended by striking ‘‘2012’’ and inserting 
‘‘2013’’. 
SEC. 1014. EXTENSION OF AUTHORITY TO SUPPORT UNI-
FIED 
COUNTER-DRUG 
AND 
COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2042), as most recently amended by sec-
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tion 1011 of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 
4346), is amended— 
(1) in subsection (a), by striking ‘‘2011’’ and in-
serting ‘‘2012’’; and 
(2) in subsection (c), by striking ‘‘2011’’ and in-
serting ‘‘2012’’. 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. BUDGETING FOR CONSTRUCTION OF NAVAL VES-
SELS. 
(a) ANNUAL PLAN.—Section 231 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 231. Budgeting for construction of naval vessels: 
annual plan and certification 
‘‘(a) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN 
AND CERTIFICATION.—The Secretary of Defense shall in-
clude with the defense budget materials for a fiscal year— 
‘‘(1) a plan for the construction of combatant 
and support vessels for the Navy developed in accord-
ance with this section; and 
‘‘(2) a certification by the Secretary that both 
the budget for that fiscal year and the future-years de-
fense program submitted to Congress in relation to 
such budget under section 221 of this title provide for 
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funding of the construction of naval vessels at a level 
that is sufficient for the procurement of the vessels 
provided for in the plan under paragraph (1) on the 
schedule provided in that plan. 
‘‘(b) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.— 
(1) The annual naval vessel construction plan developed for 
a fiscal year for purposes of subsection (a)(1) should be de-
signed so that the naval vessel force provided for under that 
plan is capable of supporting the national security strategy 
of the United States as set forth in the most recent national 
security strategy report of the President under section 108 
of the National Security Act of 1947 (50 U.S.C. 404a), ex-
cept that, if at the time such plan is submitted with the 
defense budget materials for that fiscal year, a national se-
curity strategy report required under such section 108 has 
not been submitted to Congress as required by paragraph 
(2) or paragraph (3), if applicable, of subsection (a) of such 
section, then such annual plan should be designed so that 
the naval vessel force provided for under that plan is capa-
ble of supporting the ship force structure recommended in 
the report of the most recent quadrennial defense review. 
‘‘(2) Each such naval vessel construction plan shall in-
clude the following: 
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‘‘(A) A detailed program for the construction of 
combatant and support vessels for the Navy over the 
next 30 fiscal years. 
‘‘(B) A description of the necessary naval vessel 
force structure to meet the requirements of the na-
tional security strategy of the United States or the 
most recent quadrennial defense review, whichever is 
applicable under paragraph (1). 
‘‘(C) The estimated levels of annual funding nec-
essary to carry out the program, together with a dis-
cussion of the procurement strategies on which such 
estimated levels of annual funding are based. 
‘‘(c) ASSESSMENT
WHEN
VESSEL
CONSTRUCTION 
BUDGET IS INSUFFICIENT
TO MEET APPLICABLE RE-
QUIREMENTS.—If the budget for a fiscal year provides for 
funding of the construction of naval vessels at a level that 
is not sufficient to sustain the naval vessel force structure 
specified in the naval vessel construction plan for that fiscal 
year under subsection (a), the Secretary shall include with 
the defense budget materials for that fiscal year an assess-
ment that describes and discusses the risks associated with 
the reduced force structure of naval vessels that will result 
from funding naval vessel construction at such level. Such 
assessment shall be coordinated in advance with the com-
manders of the combatant commands. 
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437 
‘‘(d) CBO EVALUATION.—Not later than 60 days after 
the date on which the congressional defense committees re-
ceive the plan under subsection (a)(1), the Director of the 
Congressional Budget Office shall submit to such commit-
tees a report assessing the sufficiency of the estimated levels 
of annual funding included in such plan with respect to 
the budget submitted during the year in which the plan is 
submitted and the future-years defense program submitted 
under section 221 of this title. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under section 
1105(a) of title 31. 
‘‘(2) The term ‘defense budget materials’, with 
respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary of Defense in sup-
port of the budget for that fiscal year. 
‘‘(3) The term ‘quadrennial defense review’ 
means the review of the defense programs and policies 
of the United States that is carried out every four 
years under section 118 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 9 of such title is amended by strik-
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ing the item relating to section 231 and inserting the fol-
lowing new item: 
‘‘231. Budgeting for construction of naval vessels: annual plan and certification’’. 
Subtitle D—Counterterrorism 
SEC. 1031. DEFINITION OF INDIVIDUAL DETAINED AT GUAN-
TANAMO. 
In this subtitle, the term ‘‘individual detained at 
Guantanamo’’ means any individual who is located at 
United States Naval Station, Guantanamo Bay, Cuba, on 
or after March 7, 2011, who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; and 
(2) is in the custody or under the effective con-
trol of the Department of Defense. 
SEC. 1032. EXTENSION OF AUTHORITY TO MAKE REWARDS 
FOR COMBATING TERRORISM. 
Section 127b of title 10, United States Code, is amend-
ed— 
(1) in subsection (c)(3)(C), by striking ‘‘Sep-
tember 30, 2011’’ and inserting ‘‘September 30, 
2014’’; and 
(2) in subsection (f)(1), by striking ‘‘December’’ 
and inserting ‘‘February’’. 
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439 
SEC. 1033. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN 
TRIAL OF CAPITAL OFFENSE BY MILITARY 
COMMISSION. 
(a) CLARIFICATION OF RIGHT.—Section 949m(b)(2) of 
title 10, United States Code, is amended— 
(1) in subparagraph (C), by inserting before the 
semicolon the following: ‘‘, or a guilty plea was ac-
cepted and not withdrawn prior to announcement of 
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 
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under subsection (b) and not withdrawn prior to announce-
ment of the sentence may form the basis for an agreement 
reducing the maximum sentence approved by the convening 
authority, including the reduction of a sentence of death 
to a lesser punishment, or that the case will be referred to 
a military commission under this chapter without seeking 
the penalty of death. Such an agreement 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 commission 
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 domesti-
cally and abroad; 
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(2) the President has the authority to use all nec-
essary 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— 
(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 Au-
thorization 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. 
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442 
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 security pro-
tocol applicable to each individual detained at Guanta-
namo. 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 
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 in-
dividual 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 creates. 
(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 created 
by the individual, are reviewed. 
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443 
(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. 
(7) Any category of information or material that 
may not be provided to such an individual by persons 
other than Federal Government personnel and mem-
bers of the Armed Forces or by the individual’s mili-
tary 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. 
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(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 contain 
a classified annex. 
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 continued mili-
tary detention of each such individual is necessary to pro-
tect 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 limited file review 
not less than once every year. 
(b) RELATIONSHIP
TO OTHER LAWS.—The review 
process established by this section shall not affect the juris-
diction of any Federal court to determine the legality of 
the detention of an individual detained at Guantanamo. 
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(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. 
(d) PROCEDURES FOR FULL REVIEW.— 
(1) MILITARY PERSONAL REPRESENTATIVES.—In 
any full review proceeding before a military panel es-
tablished 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 representative 
shall appear before the military panel to advocate on 
behalf of the individual and to introduce information 
on behalf of the individual. 
(2) MILITARY PANEL PROCEEDINGS.—During a 
proceeding before such a military panel, such an indi-
vidual, 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; 
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(B) introduce relevant information, includ-
ing written declarations; 
(C) answer any questions posed by the mili-
tary panel; and 
(D) call witnesses who are reasonably avail-
able and willing to provide information that is 
relevant and material to whether the individual 
represents a continuing threat to the United 
States or its allies. 
(3) ADVANCE NOTICE OF SUMMARY OF INFORMA-
TION.—Such an individual shall be provided, in writ-
ing and in a language the individual understands, 
with advance notice of an unclassified summary of 
the factors and information the military panel will 
consider, including mitigating information described 
in paragraph (7)(D), in making a recommendation 
with respect to the individual’s continued military 
detention. 
(4) PROVISION
OF
INFORMATION
TO
MILITARY 
PERSONAL REPRESENTATIVE.—The Government’s sub-
mission to the military panel regarding the threat 
posed by such an individual and any mitigating in-
formation described in paragraph (7)(D) shall be pro-
vided to the military personal representative for the 
individual. Where it is necessary to protect national 
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security, including the protection of intelligence 
sources and methods, the panel may determine that 
the military personal representative must receive a 
sufficient substitute or summary of classified informa-
tion, rather than the underlying information. 
(5) PERMITTED
ACTIONS
BY
OUTSIDE
PAR-
TIES.—An outside party, including any private coun-
sel for such an individual, may file a written submis-
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 individual 
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 in-
dividual represents a continuing threat to the United 
States or its allies, taking into consideration the fol-
lowing factors: 
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448 
(A) The likelihood the individual will re-
sume terrorist activity if transferred or released. 
(B) The likelihood the individual will rees-
tablish ties with an organization engaged in hos-
tilities against the United States or its allies if 
transferred or released. 
(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 secu-
rity of the United States, taking into consideration 
information provided by the intelligence community, 
including an overall assessment provided by the Di-
rector of National Intelligence regarding the intel-
ligence value of the information known by the indi-
vidual. 
(9) RECOMMENDATION.—The panel shall evalu-
ate the factors described in paragraphs (7) and (8) 
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449 
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 deten-
tion of the individual is necessary. 
(e) PROCEDURES FOR FILE REVIEW.— 
(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 in-
dividual receiving the file review may submit to the 
panel such written information as the individual de-
termines appropriate. 
(3) COMMENCEMENT OF FULL REVIEW.—If, dur-
ing the course of a file review of an individual, a sig-
nificant question is raised as to whether the continued 
military detention of the individual is necessary, the 
Secretary of Defense shall promptly convene a full re-
view of the individual in accordance with this section. 
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450 
(f) PREVIOUSLY PROVIDED INFORMATION.—The offi-
cers 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 prepare 
the submission any information previously provided by the 
Government in discovery for a case before a military com-
mission or a proceeding in a Federal court relating 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 De-
partment of State, the Department of Defense, the De-
partment of Justice, the Department of Homeland Se-
curity, and the Joint Chiefs of Staff, who shall be ap-
pointed the heads of their employing agencies. The 
Director of National Intelligence shall appoint a sen-
ior official of the Office of the Director of National 
Intelligence to serve as a non-voting advisory member 
of the interagency review board. 
(3) RESPONSIBILITIES.— 
(A) REVIEW.—The review board shall be re-
sponsible for reviewing the recommendations of a 
military panel in a full review made under sub-
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451 
section (d)(9) for clear error. If the members of 
the review board disagree with a recommenda-
tion of a military panel by a majority vote, the 
recommendation shall be rejected. The review 
board shall seek consensus in such cases to the 
greatest extent possible. 
(B) DISPOSITION OF INDIVIDUALS NOT REC-
OMMENDED FOR CONTINUED DETENTION.—In the 
case of an individual who the military panel has 
recommended no longer be subject to military de-
tention, if the review board accepts the rec-
ommendation of the military panel, the review 
board shall identify a suitable location outside 
the United States to which to transfer the indi-
vidual. 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 terrorist 
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; 
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452 
(iii) is likely to subject the individual 
to prosecution; 
(iv) is not, as of the date of the certifi-
cation, facing a threat that is likely to sub-
stantially affect its ability to exercise con-
trol over the individual; 
(v) has agreed to take effective steps to 
ensure that the individual cannot take ac-
tion to threaten the United States, its citi-
zens, or its allies in the future; 
(vi) has taken such steps as the review 
board determines are necessary to ensure 
that the individual cannot engage or re-en-
gage 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 access 
to the individual, if requested; and 
(ix) has made assurances regarding the 
humane treatment of the individual. 
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453 
(h) REEVALUATION OF RECOMMENDATIONS.—If the re-
view board rejects the recommendation of a military panel 
with respect to an individual detained at Guantanamo, the 
military panel may reevaluate the individual. The military 
panel shall determine whether to reevaluate such an indi-
vidual 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 review 
board shall forward the recommendation and the acceptance 
or rejection to the Secretary of Defense for signature. In 
the case of a recommendation described in subsection 
(g)(3)(B), the review panel shall include with the rec-
ommendation a written discussion of the factors referred to 
in that subparagraph and a recommended location to which 
to transfer the individual. The Secretary of Defense may 
only delegate the responsibility of signing such a rec-
ommendation and acceptance or rejection to the Deputy 
Secretary of Defense. 
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454 
(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 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 process 
required under this section. 
(m) DEFINITION OF APPROPRIATE COMMITTEES OF 
CONGRESS.—In this section the term ‘‘appropriate commit-
tees of Congress’’ means— 
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455 
(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. 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 Defense. 
(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 
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456 
to permit any person who is a family member of an indi-
vidual 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 author-
ized to be appropriated to the Department of Defense for 
fiscal year 2012 may be used to transfer or release an indi-
vidual detained at Guantanamo or an individual described 
in subsection (b) to or within the United States, its terri-
tories, or possessions. 
(b) INDIVIDUAL DESCRIBED.—An individual described 
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 detained pur-
suant to the Authorization for Use of Military Force 
(Public Law 107–40; 50 U.S.C. 1541 note). 
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457 
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 entity 
unless the Secretary submits to Congress the certifi-
cation described in paragraph (2) by not later than 
30 days before the transfer of the individual. 
(2) CERTIFICATION.—The certification described 
in this paragraph is a written certification made by 
the Secretary of Defense, in consultation with the Sec-
retary of State, that the government of the foreign 
country or the recognized leadership of the foreign en-
tity to which the individual detained at Guantanamo 
is to be transferred— 
(A) is not a designated state sponsor of ter-
rorism or a designated foreign terrorist organi-
zation; 
(B) maintains effective control over each de-
tention facility in which an individual is to be 
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458 
detained if the individual is to be housed in a 
detention facility; 
(C) is not, as of the date of the certification, 
facing a threat that is likely to substantially af-
fect its ability to exercise control over the indi-
vidual; 
(D) has agreed to take effective steps to en-
sure that the individual cannot take action to 
threaten the United States, its citizens, or its al-
lies in the future; 
(E) has taken such steps as the Secretary 
determines are necessary to ensure that the indi-
vidual 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 in-
dividual, if requested. 
(3) PROHIBITION ON TRANSFER IN CASES OF RE-
CIDIVISM.— 
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459 
(A) PROHIBITION.—The Secretary of De-
fense may not transfer any individual detained 
at Guantanamo to the custody or effective control 
of the individual’s country of origin, any other 
foreign country, or any other foreign entity if 
there is a confirmed case of any individual de-
tained at Guantanamo who was transferred to 
the foreign country or entity and subsequently 
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 certification 
described in paragraph (2) relating to such 
transfer, the determination of the Secretary 
under this paragraph. 
(4) LIMITATION ON APPLICABILITY.—Paragraphs 
(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 affect-
ing the disposition of the individual that is issued by 
a court or competent tribunal of the United States 
having lawful jurisdiction. The Secretary shall notify 
Congress promptly upon issuance of any such order. 
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460 
(b) DEFINITION OF FOREIGN TERRORIST ORGANIZA-
TION.—In this section term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Secretary of 
State under section 219 of the Immigration and Nation-
ality 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 provide to 
the congressional defense committees quarterly briefings 
outlining Department of Defense counterterrorism oper-
ations 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. 
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461 
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 Assist-
ant Attorney General for the Criminal Division, shall con-
sult with the Director of National Intelligence and the Sec-
retary 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 mili-
tary 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. 
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462 
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 fur-
ther amended by adding after section 490a the following 
new section: 
‘‘§ 490b. 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 offi-
cial has responsibility. 
‘‘(2) The systems described in this paragraph are the 
following: 
‘‘(A) Each type of delivery platform for nuclear 
weapons. 
‘‘(B) The nuclear command and control system. 
‘‘(b) ANNUAL REPORT.—(1) Not later than December 
1 of each year, beginning in 2011, each covered official shall 
submit to the Secretary of Defense and the Nuclear Weapons 
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463 
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 systems 
described in subsection (a)(2) covered under the as-
sessment. 
‘‘(C) An identification and discussion of any 
risks with respect to meeting mission or capability re-
quirements. 
‘‘(D) In the case of an assessment by the Com-
mander of the United States Strategic Command, if 
the Commander identifies any deficiency with respect 
to a nuclear weapons delivery platform covered under 
the assessment, a discussion of the relative merits of 
any other nuclear weapons delivery platform type or 
compensatory measure that would accomplish the 
mission of such nuclear weapons delivery 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. 
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464 
‘‘(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) submitted 
during the previous year, as originally submitted to 
the Secretary; 
‘‘(B) any comments that the Secretary considers 
appropriate with respect to each such report; 
‘‘(C) any conclusions that the Secretary con-
siders appropriate with respect to the safety, security, 
reliability, sustainability, performance, or military 
effectiveness of the systems described in subsection 
(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 
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 clas-
sified form if the Secretary of Defense determines it nec-
essary. 
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465 
‘‘(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 weap-
ons 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 Sec-
retary of the Navy, the Secretary of the Air Force, and the 
Commander of the United States Strategic Command, shall 
submit to the congressional defense committees and to the 
Committee on Foreign Affairs of the House of Representa-
tives and the Committee on Foreign Relations of the Senate 
a plan for the Department of Defense to implement the nu-
clear force reductions, limitations, and verification and 
transparency measures contained in the New START Trea-
ty. 
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466 
(b) MATTERS INCLUDED.—The plan under subsection 
(a) shall include the following: 
(1) A description of the nuclear force structure of 
the United States under the New START Treaty, in-
cluding— 
(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 flexibility 
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 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. 
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467 
(3) The total costs associated with the reductions, 
limitations, and verification and transparency meas-
ures 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 potential cost 
savings, benefits, or risks resulting from such accelera-
tion. 
(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 submitted 
under subsection (a), the Comptroller General of the United 
States shall submit to the congressional defense committees 
a review of the plan. 
(d) FORM.—The plan under subsection (a) and the re-
view under subsection (c) shall be submitted in unclassified 
form, but may include a classified annex. 
(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 
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Strategic Offensive Arms, signed on April 8, 2010, and en-
tered 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 WEAP-
ONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND DE-
LIVERY 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 con-
sultation with the Secretary of Defense and the Sec-
retary of Energy, shall transmit to the congressional 
defense committees, the Committee on Foreign Rela-
tions 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 reli-
ability of the nuclear weapons stockpile of the 
United States; 
(B) modernize the nuclear weapons com-
plex; 
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(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 detail 
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. 
(4) Nuclear warheads or gravity bombs that can 
be delivered by the systems specified in paragraph 
(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: 
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(1) As of September 30, 2009, the stockpile of nu-
clear weapons of the United States has been reduced 
by 84 percent from its maximum level in 1967 and 
by more than 75 percent from its level when the Ber-
lin Wall fell in November 1989. 
(2) The number of non-strategic nuclear weapons 
of the United States has declined by approximately 
90 percent from September 30, 1991, to September 30, 
2009. 
(3) The Treaty between the United States of 
America and the Russian Federation on Measures for 
the Further Reduction and Limitation of Strategic 
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 
United States to 1,550 deployed warheads and a com-
bined limit of 800 deployed and nondeployed inter-
continental ballistic missile launchers, submarine 
launched ballistic missile launchers, and heavy bomb-
ers 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.’’. 
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(b) SENSE OF CONGRESS.—It is the sense of Congress 
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 pol-
icy and the technical and operational implications of 
such reductions; and 
(2) specific criteria are necessary to guide future 
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 nu-
clear weapons of the United States has been reduced 
by 84 percent from its maximum level in 1967 and 
by more than 75 percent from its level when the Ber-
lin Wall fell in November 1989. 
(2) The number of non-strategic nuclear weapons 
of the United States has declined by approximately 
90 percent from September 30, 1991, to September 30, 
2009. 
(3) The President of the United States, in a let-
ter dated December 18, 2010, declared that, ‘‘I recog-
nize that nuclear modernization requires investment 
for the long-term, in addition to this one-year budget 
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increase. That is my commitment to the Congress that 
my Administration will pursue these programs and 
capabilities for as long as I am President. 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 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-
velop these options for further reductions, we need to 
consider several factors, such as potential changes in 
targeting requirements and alert postures that are re-
quired for effective deterrence.’’. 
(b) IMPLEMENTATION OF NEW START TREATY.— 
(1) LIMITATION.— 
(A) Except as provided by paragraph (2), 
the Secretary of Defense and the Secretary of 
Energy may not obligate or expend amounts ap-
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propriated or otherwise made available to the 
Department of Defense or the Department of En-
ergy for any of fiscal years 2011 through 2017 
to retire any covered nuclear system 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 Treaty 
other than retiring any covered nuclear system of 
the United States. 
(2) WAIVER.—The Secretary of Defense and the 
Secretary of Energy may jointly waive the limitation 
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 congres-
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