387 
(A) alternative actions will be taken to ad-
dress the underlying purpose of the requirement 
or requirements to be waived; 
(B) in the case of a waiver of subparagraph 
(D) or (E) of subsection (b)(1), it is not possible 
to certify that the risks addressed in the para-
graph to be waived have been completely elimi-
nated, but the actions to be taken under subpara-
graph (A) will substantially mitigate such risks 
with regard to the individual to be transferred; 
(C) in the case of a waiver of subsection (c), 
the Secretary has considered any confirmed case 
in which an individual who was transferred to 
the country subsequently engaged in terrorist ac-
tivity, and the actions to be taken under sub-
paragraph (A) will substantially mitigate the 
risk of recidivism with regard to the individual 
to be transferred; and 
(D) the transfer is in the national security 
interests of the United States. 
(2) REPORTS.—Whenever the Secretary makes a 
determination under paragraph (1), the Secretary 
shall submit to the appropriate committees of Con-
gress, not later than 30 days before the transfer of the 
individual concerned, the following: 
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(A) A copy of the determination and the 
waiver concerned. 
(B) A statement of the basis for the deter-
mination, including— 
(i) an explanation why the transfer is 
in the national security interests of the 
United States; 
(ii) in the case of a waiver of subpara-
graph (D) or (E) of subsection (b)(1), an 
explanation why it is not possible to certify 
that the risks addressed in the paragraph to 
be waived have been completely eliminated; 
and 
(iii) a classified summary of— 
(I) the individual’s record of co-
operation while in the custody of or 
under the effective control of the De-
partment of Defense; and 
(II) the agreements and mecha-
nisms in place to provide for con-
tinuing cooperation. 
(C) A summary of the alternative actions to 
be taken to address the underlying purpose of, 
and to mitigate the risks addressed in, the para-
graph or subsection to be waived. 
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(D) The assessment required by subsection 
(b)(2). 
(e) RECORD OF COOPERATION.—In assessing the risk 
that an individual detained at Guantanamo will engage 
in terrorist activity or other actions that could affect the 
security of the United States if released for the purpose of 
making a certification under subsection (b) or a waiver 
under subsection (d), the Secretary of Defense may give fa-
vorable consideration to any such individual— 
(1) who has substantially cooperated with United 
States intelligence and law enforcement authorities, 
pursuant to a pre-trial agreement, while in the cus-
tody of or under the effective control of the Depart-
ment of Defense; and 
(2) for whom agreements and effective mecha-
nisms are in place, to the extent relevant and nec-
essary, to provide for continued cooperation with 
United States intelligence and law enforcement au-
thorities. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Armed Services, the 
Committee on Appropriations, the Committee on 
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390 
Foreign Relations, and the Select Committee on 
Intelligence of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Appropriations, the Committee on 
Foreign Affairs, and the Permanent Select Com-
mittee on Intelligence of the House of Represent-
atives. 
(2) The term ‘‘individual detained at Guanta-
namo’’ means any individual located at United 
States Naval Station, Guantanamo Bay, Cuba, as of 
October 1, 2009, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the control 
of the Department of Defense; or 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ 
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). 
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391 
SEC. 1034. PROHIBITION ON THE USE OF FUNDS FOR THE 
TRANSFER OR RELEASE OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
No amounts authorized to be appropriated or otherwise 
made available to the Department of Defense may be used 
during the period beginning on the date of the enactment 
of this Act and ending on December 31, 2014, to transfer, 
release, or assist in the transfer or release to or within the 
United States, its territories, or possessions of Khalid 
Sheikh Mohammed or any other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after January 20, 2009, 
at United States Naval Station, Guantanamo Bay, 
Cuba, by the Department of Defense. 
SEC. 1035. UNCLASSIFIED SUMMARY OF INFORMATION RE-
LATING 
TO 
INDIVIDUALS 
DETAINED 
AT 
PARWAN, AFGHANISTAN. 
Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense shall make publicly 
available an unclassified summary of information relating 
to the individuals detained by the Department of Defense 
at the Detention Facility at Parwan, Afghanistan, pursu-
ant to the Authorization for Use of Military Force (Public 
Law 107–40; 50 U.S.C. 1541 note) who have been deter-
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392 
mined to represent an enduring security threat to the 
United States. Such summary shall cover any individual 
detained at such facility as of the date of the enactment 
of this Act and any individual so detained during the two- 
year period preceding the date of the enactment of this Act. 
Such summary shall include for each such covered indi-
vidual— 
(1) a description of the relevant organization or 
organizations with which the individual is affiliated; 
(2) whether the individual had ever been in the 
custody or under the effective control of the United 
States at any time before being detained at such facil-
ity and, if so, where the individual had been in such 
custody or under such effective control; and 
(3) whether the individual has been directly 
linked to the death of any member of the United 
States Armed Forces or any United States Govern-
ment employee. 
SEC. 1036. ASSESSMENT OF AFFILIATES AND ADHERENTS 
OF AL-QAEDA OUTSIDE THE UNITED STATES. 
Not later than 120 days after the date of the enactment 
of this Act, the President, acting through the Secretary of 
Defense, shall submit to the congressional defense commit-
tees an assessment containing each of the following: 
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393 
(1) An identification of any group operating 
outside the United States that is an affiliate or adher-
ent of, or otherwise related to, al-Qaeda. 
(2) A summary of relevant information relating 
to each such group, including— 
(A) the extent to which members or leaders 
of the group have— 
(i) conducted or planned to conduct le-
thal or significant operations outside the 
borders of the state or states in which the 
group ordinarily operates; 
(ii) conducted fundraising or recruit-
ing outside the borders of such state or 
states; and 
(iii) have demonstrated any interest in 
conducting activities described in clauses (i) 
and (ii) outside the borders of such state or 
states; 
(B) the extent to which the connection of the 
group to the senior leadership of al-Qaeda has 
changed over time; and 
(C) whether the group has attacked or 
planned to purposefully attack United States 
citizens, members of Armed Forces of the United 
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394 
States, or other representatives of the United 
States, or is likely to do so in the future. 
(3) An assessment of whether each group is part 
of or substantially supporting al-Qaeda or the 
Taliban, or constitutes an associated force that is en-
gaged in hostilities against the United States or its 
coalition partners. 
(4) The criteria used to determine the nature 
and extent of each group’s relationship to al-Qaeda. 
SEC. 1037. DESIGNATION OF DEPARTMENT OF DEFENSE 
SENIOR OFFICIAL FOR FACILITATING THE 
TRANSFER OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall— 
(1) designate a senior official of the Department 
of Defense as the official with principal responsibility 
for coordination and management of the transfer of 
individuals detained at United States Naval Station, 
Guantanamo Bay, Cuba; and 
(2) set forth the responsibilities of that senior of-
ficial with respect to such transfers. 
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395 
SEC. 1038. RANK OF CHIEF PROSECUTOR AND CHIEF DE-
FENSE COUNSEL IN MILITARY COMMISSIONS 
ESTABLISHED 
TO 
TRY 
INDIVIDUALS 
DE-
TAINED AT GUANTANAMO. 
For purposes of any military commission established 
under chapter 47A of title 10, United States Code, to try 
an alien unprivileged enemy belligerent (as such terms are 
defined in section 948a of such title) who is detained at 
United States Naval Station, Guantanamo Bay, Cuba, the 
chief defense counsel and the chief prosecutor shall have the 
same rank. 
SEC. 1039. REPORT ON CAPABILITY OF YEMENI GOVERN-
MENT TO DETAIN, REHABILITATE, AND PROS-
ECUTE INDIVIDUALS DETAINED AT GUANTA-
NAMO WHO ARE TRANSFERRED TO YEMEN. 
Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense and the Secretary of 
State shall jointly submit to the congressional defense com-
mittees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations 
of the Senate a report on the capability of the government 
of Yemen to detain, rehabilitate, and prosecute individuals 
detained at Guantanamo (as such term is defined in section 
1033(f)(2)) who are transferred to Yemen. Such report shall 
include an assessment of any humanitarian issues that may 
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396 
be encountered in transferring individuals detained at 
Guantanamo to Yemen. 
SEC. 1040. REPORT ON ATTACHMENT OF RIGHTS TO INDI-
VIDUALS 
DETAINED 
AT 
GUANTANAMO 
IF 
TRANSFERRED TO THE UNITED STATES. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense and the Attorney Gen-
eral shall jointly submit to the congressional defense com-
mittees, the Committee on the Judiciary of the House of 
Representatives, and the Committee on the Judiciary of the 
Senate a report that includes each of the following: 
(1) A description of the extent to which an indi-
vidual detained at Guantanamo, if transferred to the 
United States, could become eligible, by reason of such 
transfer, for— 
(A) relief from removal from the United 
States, including pursuant to the Convention 
against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment; 
(B) any required release from immigration 
detention, including pursuant to the decision of 
the Supreme Court in Zadvydas v. Davis; 
(C) asylum or withholding of removal; or 
(D) any additional constitutional right. 
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397 
(2) For any right referred to in paragraph (1) 
for which the Secretary and Attorney General deter-
mine such an individual could become eligible if so 
transferred, a description of the reasoning behind 
such determination and an explanation of the nature 
of the right. 
SEC. 1040A. SUMMARY OF INFORMATION RELATING TO IN-
DIVIDUALS DETAINED AT GUANTANAMO WHO 
BECAME LEADERS OF FOREIGN TERRORIST 
GROUPS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall make publicly available a summary of information 
relating to individuals who were formerly detained at 
United States Naval Station, Guantanamo Bay, Cuba, who 
have, since being transferred or released from such deten-
tion, have become leaders or involved in the leadership 
structure of a foreign terrorist group. 
(b) FORM
OF SUMMARY.—The summary required 
under subsection (a) shall be in unclassified form, but may 
contain a classified annex. 
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398 
Subtitle E—Sensitive Military 
Operations 
SEC. 1041. CONGRESSIONAL NOTIFICATION OF SENSITIVE 
MILITARY OPERATIONS. 
(a) NOTIFICATION REQUIRED.— 
(1) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 130f. Congressional notification of sensitive mili-
tary operations 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
promptly submit to the congressional defense committees 
notice in writing of any sensitive military operation fol-
lowing such operation. 
‘‘(b) PROCEDURES.—(1) The Secretary of Defense shall 
establish and submit to the congressional defense committees 
procedures for complying with the requirements of sub-
section (a) consistent with the national security of the 
United States and the protection of operational integrity. 
‘‘(2) The congressional defense committees shall ensure 
that committee procedures designed to protect from unau-
thorized disclosure classified information relating to na-
tional security of the United States are sufficient to protect 
the information that is submitted to the committees pursu-
ant to this section. 
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399 
‘‘(c) SENSITIVE MILITARY OPERATION DEFINED.—The 
term ‘sensitive military operation’ means a lethal operation 
or capture operation conducted by the armed forces outside 
the United States pursuant to— 
‘‘(1) the Authorization for Use of Military Force 
(Public Law 107–40; 50 U.S.C. 1541 note); or 
‘‘(2) any other authority except— 
‘‘(A) a declaration of war; or 
‘‘(B) a specific statutory authorization for 
the use of force other than the authorization re-
ferred to in paragraph (1). 
‘‘(d) EXCEPTION.—The notification requirement under 
subsection (a) shall not apply with respect to a sensitive 
military operation executed within the territory of Afghani-
stan pursuant to the Authorization for Use of Military 
Force (Public Law 107–40; 50 U.S.C. 1541 note). 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to provide any new authority or to 
alter or otherwise affect the War Powers Resolution (50 
U.S.C. 1541 et seq.), the Authorization for Use of Military 
Force (Public Law 107–40; 50 U.S.C. 1541 note), or any 
requirement under the National Security Act of 1947 (50 
U.S.C. 3001 et seq.).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
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inserting after the item relating to section 130e the 
following new item: 
‘‘130f. Congressional notification regarding sensitive military operations.’’. 
(b) EFFECTIVE DATE.—Section 130f of title 10, United 
States Code, as added by subsection (a), shall apply with 
respect to any sensitive military operation (as defined in 
subsection (c) of such section) executed on or after the date 
of the enactment of this Act. 
(c) DEADLINE FOR SUBMITTAL OF PROCEDURES.— 
The Secretary of Defense shall submit to the congressional 
defense committees the procedures required under section 
130f(b) of title 10, United States Code, as added by sub-
section (a), by not later than 60 days after the date of the 
enactment of this Act. 
SEC. 1042. REPORT ON PROCESS FOR DETERMINING TAR-
GETS OF LETHAL OPERATIONS. 
Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report containing an expla-
nation of the legal and policy considerations and approval 
processes used in determining whether an individual or 
group of individuals could be the target of a lethal operation 
or capture operation conducted by the Armed Forces of the 
United States outside the United States. 
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401 
SEC. 1043. COUNTERTERRORISM OPERATIONAL BRIEFINGS. 
(a) BRIEFINGS REQUIRED.—Chapter 23 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 492. Quarterly briefings: counterterrorism oper-
ations 
‘‘(a) BRIEFINGS REQUIRED.—The Secretary of Defense 
shall provide to the congressional defense committees quar-
terly briefings outlining Department of Defense counterter-
rorism operations and related activities. 
‘‘(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.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘492. Quarterly briefings: counterterrorism operations.’’. 
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402 
Subtitle F—Nuclear Forces 
SEC. 1051. PROHIBITION ON ELIMINATION OF THE NU-
CLEAR TRIAD. 
(a) PROHIBITION ON TRIAD REDUCTIONS.—None of 
the funds authorized to be appropriated by this Act or other-
wise made available for fiscal year 2014 for the Department 
of Defense may be obligated or expended to reduce, convert, 
or decommission any strategic delivery system if such re-
duction, conversion, or decommissioning would eliminate a 
leg of the nuclear triad. 
(b) NUCLEAR TRIAD DEFINED.—The term ‘‘nuclear 
triad’’ means the nuclear deterrent capabilities of the 
United States composed of the following: 
(1) Land-based intercontinental ballistic mis-
siles. 
(2) Submarine-launched ballistic missiles and 
associated ballistic missile submarines. 
(3) Nuclear-certified strategic bombers. 
SEC. 1052. LIMITATION ON AVAILABILITY OF FUNDS FOR 
REDUCTION OF NUCLEAR FORCES. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2014 for the Department of Defense or the Na-
tional Nuclear Security Administration may be obligated 
or expended to carry out reductions to the nuclear forces 
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403 
of the United States required by the New START Treaty 
until— 
(1) the Secretary of Defense submits to the ap-
propriate congressional committees the plan required 
by section 1042(a) of the National Defense Authoriza-
tion Act of Fiscal Year 2012 (Public Law 112–81; 
125 Stat. 1575); and 
(2) the President certifies to the appropriate con-
gressional committees that any further reductions to 
such forces that result in such forces being reduced 
below the level required by the New START Treaty 
will be carried out only pursuant to— 
(A) a treaty or international agreement spe-
cifically approved with the advice and consent of 
the Senate pursuant to Article II, section 2, 
clause 2 of the Constitution; or 
(B) an Act of Congress specifically author-
izing such reductions. 
(b) EXCEPTION.—The limitation in subsection (a) 
shall not apply to the following: 
(1) Reductions made to ensure the safety, secu-
rity, reliability, and credibility of the nuclear weap-
ons stockpile and strategic delivery systems, including 
activities related to surveillance, assessment, certifi-
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404 
cation, testing, and maintenance of nuclear warheads 
and strategic delivery systems. 
(2) Nuclear warheads that are retired or await-
ing dismantlement on the date of the enactment of 
this Act. 
(3) Inspections carried out pursuant to the New 
START Treaty. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Foreign Affairs of 
the House of Representatives and the Committee 
on Foreign Relations of the Senate. 
(2) The term ‘‘New START Treaty’’ means the 
Treaty between the United States of America and the 
Russian Federation on Measures for the Further Re-
duction and Limitation of Strategic Offensive Arms, 
signed on April 8, 2010, and entered into force on 
February 5, 2011. 
SEC. 1053. LIMITATION ON AVAILABILITY OF FUNDS FOR 
REDUCTION OR CONSOLIDATION OF DUAL- 
CAPABLE AIRCRAFT BASED IN EUROPE. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
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405 
fiscal year 2014 for the Department of Defense may be used 
to reduce or consolidate the basing of dual-capable aircraft 
of the United States that are based in Europe until a period 
of 90 days has elapsed after the date on which the Secretary 
of Defense certifies to the congressional defense committees 
that— 
(1) the Russian Federation has carried out simi-
lar reductions or consolidations with respect to dual- 
capable aircraft of Russia; 
(2) the Secretary has consulted with the member 
states of the North Atlantic Treaty Organization with 
respect to the planned reduction or consolidation of 
the Secretary; and 
(3) there is a consensus among such member 
states in support of such planned reduction or con-
solidation. 
(b) DUAL-CAPABLE AIRCRAFT DEFINED.—In this sec-
tion, the term ‘‘dual-capable aircraft’’ means aircraft that 
can perform both conventional and nuclear missions. 
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406 
SEC. 1054. STATEMENT OF POLICY ON IMPLEMENTATION OF 
ANY AGREEMENT FOR FURTHER ARMS RE-
DUCTION BELOW THE LEVELS OF THE NEW 
START TREATY; LIMITATION ON RETIREMENT 
OR DISMANTLEMENT OF STRATEGIC DELIV-
ERY SYSTEMS. 
(a) FINDING; STATEMENT OF POLICY.— 
(1) FINDING.—Congress finds that it was the 
Declaration of the United States Senate in its Resolu-
tion of Advice and Consent to the New START Trea-
ty that ‘‘[t]he Senate declares that further arms re-
duction agreements obligating the United States to re-
duce or limit the Armed Forces or armaments of the 
United States in any militarily significant manner 
may be made only pursuant to the treaty-making 
power of the President as set forth in Article II, sec-
tion 2, clause 2 of the Constitution of the United 
States’’. 
(2) STATEMENT OF POLICY.—Congress reaffirms 
the Declaration described in paragraph (1) and states 
that any agreement for further arms reduction below 
the levels of the New START Treaty, including those 
that may seek to use the Treaty’s verification regime, 
may only be made pursuant to the treaty-making 
power of the President as set forth in Article II, sec-
tion 2, clause 2 of the Constitution of the United 
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407 
States or by Act of Congress, as set forth in the Arms 
Control and Disarmament Act (22 U.S.C. 2551 et 
seq.). 
(b) LIMITATION.— 
(1) IN GENERAL.—None of the funds authorized 
to be appropriated by this Act or otherwise made 
available for fiscal year 2014 or any fiscal year there-
after for the Department of Defense may be obligated 
or expended to retire, dismantle, or deactivate, or pre-
pare to retire, dismantle, or deactivate, any covered 
strategic delivery vehicle if such action reduces the 
number of covered strategic delivery vehicles to less 
than the 800 required to implement the New START 
Treaty. 
(2) WAIVER.—In accordance with subsection (c), 
the President may waive the limitation under para-
graph (1) with respect to a fiscal year if the President 
submits to the appropriate congressional committees 
written notification that— 
(A) the Senate has given its advice and con-
sent to ratification of a nuclear arms reduction 
treaty with the Russian Federation that requires 
Russia to significantly and proportionally re-
duce its number of nonstrategic nuclear war-
heads, or an international agreement for such 
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408 
purpose is entered into pursuant to an Act of 
Congress as set forth in the Arms Control and 
Disarmament Act (22 U.S.C. 2551 et seq.); 
(B) such treaty or agreement has entered 
into force; and 
(C) such waiver is required during such fis-
cal year to implement such treaty or agreement. 
(c) ADDITIONAL LIMITATIONS.— 
(1) CERTAIN
COMPLIANCE
OF
NUCLEAR
ARMS 
CONTROL
AGREEMENTS.—If the President makes a 
waiver under subsection (b)(2), none of the funds au-
thorized to be appropriated by this Act or otherwise 
made available for fiscal year 2014 or any fiscal year 
thereafter for the Department of Defense may be obli-
gated or expended to retire, dismantle, or deactivate, 
or prepare to retire, dismantle, or deactivate, any 
covered strategic delivery vehicle until 30 days elapses 
following the date on which the President submits to 
the appropriate congressional committees and the con-
gressional intelligence committees written certification 
that the Russian Federation is in compliance with its 
nuclear arms control agreements and obligations with 
the United States. 
(2) CERTAIN
INTELLIGENCE.—If the President 
makes a waiver under subsection (b)(2), none of the 
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funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2014 or any 
fiscal year thereafter for the Department of Defense 
may be obligated or expended to retire, dismantle, or 
deactivate, or prepare to retire, dismantle, or deacti-
vate, any covered strategic delivery vehicle in accord-
ance with a treaty or international agreement entered 
into pursuant to an Act of Congress requiring such 
actions unless the President submits to the appro-
priate congressional committees and the congressional 
intelligence committees written certification that the 
intelligence community has high confidence judgments 
with respect to— 
(A) the nuclear weapons production capac-
ity of the People’s Republic of China; 
(B) the nature, number, location, and 
targetability of the nuclear weapons and stra-
tegic delivery systems of China; and 
(C) the nuclear doctrine of China. 
(d) EXCEPTION.—The limitations in subsection (b) 
and (c) shall not apply to reductions made to ensure the 
safety, security, reliability, and credibility of the nuclear 
weapons stockpile and strategic delivery systems of the 
United States, including activities related to surveillance, 
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assessment, certification, testing, and maintenance of nu-
clear warheads and strategic delivery system. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Foreign Affairs of 
the House of Representatives and the Committee 
on Foreign Relations of the Senate. 
(2) The term ‘‘congressional intelligence commit-
tees’’ means the following: 
(A) The Permanent Select Committee on In-
telligence of the House of Representatives. 
(B) The Select Committee on Intelligence of 
the Senate. 
(3) The term ‘‘covered strategic delivery vehicle’’ 
means the following: 
(A) B–52H bomber aircraft. 
(B) B–2 Spirit bomber aircraft. 
(C) Trident ballistic missile submarines. 
(D) Trident II D5 submarine launched bal-
listic missiles. 
(E) Minuteman III intercontinental bal-
listic missiles. 
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(4) The term ‘‘New START Treaty’’ means the 
Treaty between the United States of America and the 
Russian Federation on Measures for the Further Re-
duction and Limitation of Strategic Offensive Arms, 
signed on April 8, 2010, and entered into force on 
February 5, 2011. 
SEC. 1055. SENSE OF CONGRESS ON COMPLIANCE WITH NU-
CLEAR ARMS CONTROL AGREEMENTS. 
(a) FINDINGS.—Congress finds the following: 
(1) President Obama stated in Prague in April 
2009 that ‘‘Rules must be binding. Violations must be 
punished. Words must mean something.’’. 
(2) President Obama’s Nuclear Posture Review 
of 2010 stated, ‘‘it is not enough to detect non-compli-
ance; violators must know that they will face con-
sequences when they are caught.’’. 
(3) The July 2010 Verifiability Assessment re-
leased by the Department of State on the New START 
Treaty stated, ‘‘The costs and risks of Russian cheat-
ing or breakout, on the other hand, would likely be 
very significant. In addition to the financial and 
international political costs of such an action, any 
Russian leader considering cheating or breakout from 
the New START Treaty would have to consider that 
the United States will retain the ability to upload 
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large numbers of additional nuclear warheads on both 
bombers and missiles under the New START, which 
would provide the ability for a timely and very sig-
nificant U.S. response.’’. 
(4) Subsection (a) of the Resolution of Advice 
and Consent to Ratification of the New START Trea-
ty of the Senate, agreed to on December 22, 2010, list-
ed conditions of the Senate to the ratification of the 
New START Treaty that are binding upon the Presi-
dent, including the condition under paragraph (1)(B) 
of such subsection that requires the President to take 
certain actions in response to actions by the Russian 
Federation that are in violation of or inconsistent 
with such treaty, including to ‘‘seek on an urgent 
basis a meeting with the Russian Federation at the 
highest diplomatic level with the objective of bringing 
the Russian Federation into full compliance with its 
obligations under the New START Treaty’’. 
(5) The Obama Administration demonstrated 
that violations of treaty obligations by other parties 
require corresponding action by the United States 
when, on November 22, 2011, the Department of State 
announced that the United States would ‘‘cease car-
rying out certain obligations under the Conventional 
Armed Forces in Europe (CFE) Treaty with regard 
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to Russia. This announcement in the CFE Treaty’s 
implementation group comes after the United States 
and NATO Allies have tried over the past 4 years to 
find a diplomatic solution following Russia’s decision 
in 2007 to cease implementation with respect to all 
other 29 CFE States. Since then, Russia has refused 
to accept inspections and ceased to provide informa-
tion to other CFE Treaty parties on its military 
forces as required by the Treaty.’’. 
(6) On October 17, 2012, the Chairman of the 
Committee on Armed Services of the House of Rep-
resentatives and the Chairman of the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives wrote a classified letter to the President 
stating their concerns about a major arms control vio-
lation by the Russian Federation. 
(7) The Chairmen followed up their classified let-
ter with unclassified letters on February 14 and April 
12, 2013—in their latest letter, the Chairmen stated 
that they expect the Administration to ‘‘directly con-
front the Russian violations and circumventions of 
this and other treaties. . .[we] further ask, again, for 
your engagement in correcting this behavior. We also 
seek your commitment not to undertake further reduc-
tions to the U.S. nuclear deterrent or extended deter-
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rent until this Russian behavior is corrected. We are 
in full agreement with your policy as you articulated 
it in Prague four years ago this month, ‘rules must 
be binding, Violations must be punished. Words must 
mean something.’ ’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the President should consider not seeking to further 
limit or reduce the nuclear forces of the United States, in-
cluding by negotiation, with a foreign country that remains 
in active noncompliance with existing nuclear arms obliga-
tions, such as the Russian Federation. 
(c) OBLIGATIONS OF THE PRESIDENT IN THE EVENT 
OF NONCOMPLIANCE.—If the President determines that a 
foreign country is not in compliance with its obligations 
under a nuclear arms control agreement, treaty, or commit-
ment to which the United States is a party or in which 
the United States is a participating government, including 
the Missile Technology Control Regime, the President 
shall— 
(1) immediately consult with Congress regarding 
the implications of such noncompliance for— 
(A) the viability of such agreement, treaty, 
or commitment; and 
(B) the national security interests of the 
United States and the allies of the United States; 
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(2) submit to Congress a plan concerning the 
diplomatic strategy of the President to engage such 
foreign country at the highest diplomatic level with 
the objective of bringing such country into full com-
pliance with such obligations; and 
(3) at the earliest date practicable following the 
submission of the plan under paragraph (2), submit 
to Congress a report detailing— 
(A) whether adherence by the United States 
to such obligation remains in the national secu-
rity interests of the United States or the allies of 
the United States; and 
(B) how the United States will redress the 
effect of such noncompliance to the national secu-
rity interests of the United States or such allies. 
SEC. 1056. RETENTION OF CAPABILITY TO REDEPLOY MUL-
TIPLE 
INDEPENDENTLY 
TARGETABLE 
RE-
ENTRY VEHICLES. 
(a) DEPLOYMENT CAPABILITY.—The Secretary of the 
Air Force shall ensure that the Air Force is capable of— 
(1) deploying multiple independently targetable 
reentry vehicles to Minuteman III intercontinental 
ballistic missiles, and any ground-based strategic de-
terrent follow-on to such missiles; and 
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(2) commencing such deployment not later than 
270 days after the date on which the President deter-
mines such deployment necessary. 
(b) WARHEAD CAPABILITY.—The Nuclear Weapons 
Council established by section 179 of title 10, United States 
Code, shall ensure that— 
(1) the nuclear weapons stockpile contains a suf-
ficient number of nuclear warheads that are capable 
of being deployed as multiple independently targetable 
reentry vehicles with respect to Minuteman III inter-
continental ballistic missiles, and any ground-based 
strategic deterrent follow-on to such missiles; and 
(2) such deployment is capable of being com-
menced not later than 270 days after the date on 
which the President determines such deployment nec-
essary. 
SEC. 1057. ASSESSMENT OF NUCLEAR WEAPONS PROGRAM 
OF THE PEOPLE’S REPUBLIC OF CHINA. 
Section 1045(b) of the National Defense Authorization 
Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 
1933) is amended— 
(1) in paragraph (4), by striking ‘‘August 15, 
2013’’ and inserting ‘‘August 15, 2014’’; and 
(2) by adding at the end the following new para-
graph: 
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‘‘(5) LIMITATION.—Of the funds authorized to be 
appropriated by the National Defense Authorization 
Act for Fiscal Year 2014 or otherwise made available 
for fiscal year 2014 for the Office of the Secretary of 
Defense for travel, not more than 75 percent may be 
obligated or expended until a period of 30 days has 
elapsed following the date on which the Secretary of 
Defense notifies the appropriate congressional com-
mittees that the Secretary has entered into an agree-
ment under paragraph (1) with a federally funded re-
search and development center.’’. 
SEC. 1058. COST ESTIMATES FOR NUCLEAR WEAPONS. 
Section 1043(a) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1576), as amended by section 1041 of the National Defense 
Authorization Act for Fiscal Year 2013 (Public Law 112– 
239; 126 Stat. 1931), is amended— 
(1) in paragraph (2)(F), by inserting ‘‘per-
sonnel,’’ after ‘‘maintenance,’’; and 
(2) in paragraph (3), by inserting before the pe-
riod at the end the following: ‘‘, including how and 
which locations were counted’’. 
SEC. 1059. REPORT ON NEW START TREATY. 
Not later than January 15, 2014, the Secretary of De-
fense and the Chairman of the Joint Chiefs of Staff shall 
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jointly submit to the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representa-
tives, and the Committee on Foreign Relations of the Senate 
a report on whether the New START Treaty (as defined 
in section 494(a)(2)(D)(ii)) of title 10, United States Code) 
is in the national security interests of the United States. 
Subtitle G—Miscellaneous 
Authorities and Limitations 
SEC. 1061. ENHANCEMENT OF CAPACITY OF THE UNITED 
STATES 
GOVERNMENT 
TO 
ANALYZE 
CAP-
TURED RECORDS. 
(a) IN GENERAL.—Chapter 21 of title 10, United 
States Code, is amended by inserting after section 426 the 
following new section: 
‘‘§ 427. Conflict Records Research Center 
‘‘(a) CENTER AUTHORIZED.—The Secretary of Defense 
may establish a center to be known as the ‘Conflict Records 
Research Center’ (in this section referred to as the ‘Center’). 
‘‘(b) PURPOSES.—The purposes of the Center shall be 
the following: 
‘‘(1) To establish a digital research database in-
cluding translations and to facilitate research and 
analysis of records captured from countries, organiza-
tions, and individuals, now or once hostile to the 
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United States, with rigid adherence to academic free-
dom and integrity. 
‘‘(2) Consistent with the protection of national 
security information, personally identifiable informa-
tion, and intelligence sources and methods, to make a 
significant portion of these records available to re-
searchers as quickly and responsibly as possible while 
taking into account the integrity of the academic 
process and risks to innocents or third parties. 
‘‘(3) To conduct and disseminate research and 
analysis to increase the understanding of factors re-
lated to international relations, counterterrorism, and 
conventional and unconventional warfare and, ulti-
mately, enhance national security. 
‘‘(4) To collaborate with members of academic 
and broad national security communities, both do-
mestic and international, on research, conferences, 
seminars, and other information exchanges to identify 
topics of importance for the leadership of the United 
States Government and the scholarly community. 
‘‘(c) CONCURRENCE OF THE DIRECTOR OF NATIONAL 
INTELLIGENCE.—The Secretary of Defense shall seek the 
concurrence of the Director of National Intelligence to the 
extent the efforts and activities of the Center involve the 
entities referred to in subsection (b)(4). 
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‘‘(d) SUPPORT FROM OTHER UNITED STATES GOV-
ERNMENT DEPARTMENTS OR AGENCIES.—The head of any 
non-Department of Defense department or agency of the 
United States Government may— 
‘‘(1) provide to the Secretary of Defense services, 
including personnel support, to support the oper-
ations of the Center; and 
‘‘(2) transfer funds to the Secretary of Defense to 
support the operations of the Center. 
‘‘(e) ACCEPTANCE OF GIFTS AND DONATIONS.—(1) 
Subject to paragraph (3), the Secretary of Defense may ac-
cept from any source specified in paragraph (2) any gift 
or donation for purposes of defraying the costs or enhancing 
the operations of the Center. 
‘‘(2) The sources specified in this paragraph are the 
following: 
‘‘(A) The government of a State or a political 
subdivision of a State. 
‘‘(B) The government of a foreign country. 
‘‘(C) A foundation or other charitable organiza-
tion, including a foundation or charitable organiza-
tion that is organized or operates under the laws of 
a foreign country. 
‘‘(D) Any source in the private sector of the 
United States or a foreign country. 
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