128 
‘‘(2) ADDITIONAL
REQUIREMENTS
WITH
RE-
SPECT
TO
GRANTOR
RETAINED
ANNUITIES.—For 
purposes of subsection (a), in the case of an interest 
described in paragraph (1)(A) (determined without 
regard to this paragraph) which is retained by the 
transferor, such interest shall be treated as de-
scribed in such paragraph only if— 
‘‘(A) the right to receive the fixed amounts 
referred to in such paragraph is for a term of 
not less than 10 years, 
‘‘(B) such fixed amounts, when determined 
on an annual basis, do not decrease relative to 
any prior year during the first 10 years of the 
term referred to in subparagraph (A), and 
‘‘(C) the remainder interest has a value 
greater than zero determined as of the time of 
the transfer.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to transfers made after the date 
of the enactment of this Act. 
SEC. 504. LIMITATION ON GST EXEMPTION OF PERPETUAL 
DYNASTY TRUSTS. 
(a) IN GENERAL.—Section 2642 of the Internal Rev-
enue Code of 1986 is amended by adding at the end the 
following new subsection: 
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129 
‘‘(h) EXPIRATION OF GST EXEMPTION 90 YEARS 
AFTER ESTABLISHMENT OF TRUST.— 
‘‘(1) IN GENERAL.—In the case of any genera-
tion-skipping transfer made from a trust after the 
date which is 90 years after the date on which such 
trust is created, the inclusion ratio with respect to 
any property transferred in such transfer shall be 1. 
‘‘(2) SPECIAL
RULES.—For purposes of this 
subsection— 
‘‘(A) DATE
OF
CREATION
OF
CERTAIN 
DEEMED
SEPARATE
TRUSTS.—In the case of 
any portion of a trust which is treated as a sep-
arate trust under section 2654(b)(1), such sep-
arate trust shall be treated as created on the 
date of the first transfer described in such sec-
tion with respect to such separate trust. 
‘‘(B) DATE OF CREATION OF POUR-OVER 
TRUSTS.—In the case of any generation-skip-
ping transfer of property which involves the 
transfer of property from 1 trust to another 
trust, the date of the creation of the transferee 
trust shall be treated as being the earlier of— 
‘‘(i) the date of the creation of such 
transferee trust, or 
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130 
‘‘(ii) the date of the creation of the 
transferor trust. 
In the case of multiple transfers to which the 
preceding sentence applies, the date of the cre-
ation of the transferor trust shall be determined 
under the preceding sentence before the appli-
cation of the preceding sentence to determine 
the date of the creation of the transferee trust. 
‘‘(C) EXCEPTION
FOR
CERTAIN
TRANS-
FERS
FOR
EDUCATION
AND
MEDICAL
EX-
PENSES.—Subparagraph (B) shall not apply to 
the transfer of property from 1 trust to another 
trust if— 
‘‘(i) such transfer is described in sec-
tion 2642(c)(2), and 
‘‘(ii) the individual referred to in such 
section with respect to the transferee trust 
was also a beneficiary of the transferor 
trust. 
‘‘(3) REGULATIONS.—The Secretary may pre-
scribe such regulations or other guidance as may be 
necessary or appropriate to carry out this sub-
section.’’. 
(b) EFFECTIVE DATE.— 
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131 
(1) IN GENERAL.—The amendments made this 
section shall apply to— 
(A) trusts created after the date of the en-
actment of this Act, and 
(B) generation-skipping transfers made 
from trusts created on or before such date, but 
only to the extent such transfer is made out of 
corpus added to the trust after such date (or 
out of income attributable to corpus so added). 
(2) DETERMINATION OF DATE OF CREATION.— 
For purposes of this subsection, the rules of sections 
2642(h)(2) (as added by this section) and 2654(b) 
of the Internal Revenue Code of 1986 shall apply for 
purposes of determining the date of the creation of 
any trust. 
(3) EXCEPTIONS.—The Secretary of the Treas-
ury, or his designee, shall issue regulations or other 
guidance which provide exceptions to the application 
of the amendments made by this section which are 
substantially similar to the relevant exceptions under 
paragraph (2) of section 1433(b) of the Tax Reform 
Act of 1986. 
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132 
TITLE VI—CUT PENTAGON 
WASTE TO ACHIEVE BALANCE 
Subtitle A—Smarter Approach to 
Nuclear Expenditures 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Smarter Approach to 
Nuclear Expenditures Act’’. 
SEC. 602. FINDINGS. 
Congress finds the following: 
(1) The Berlin Wall fell in 1989, the U.S.S.R. 
no longer exists, and the Cold War is over. The na-
ture of threats to the national security and military 
interests of the United States has changed. How-
ever, the United States continues to maintain an 
enormous arsenal of nuclear weapons and delivery 
systems that were devised with the Cold War in 
mind. 
(2) The current nuclear arsenal of the United 
States includes approximately 5,000 total nuclear 
warheads, of which approximately 2,000 are de-
ployed with three delivery components: long-range 
strategic bomber aircraft, land-based interconti-
nental ballistic missiles, and submarine-launched 
ballistic missiles. The bomber fleet of the United 
States comprises 93 B–52 and 20 B–2 aircraft. The 
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133 
United States maintains 450 intercontinental bal-
listic missiles. The United States also maintains 14 
Ohio-class submarines, up to 12 of which are de-
ployed at sea. Each of these submarines is armed 
with up to 96 independently targetable nuclear war-
heads. 
(3) This Cold War-based approach to nuclear 
security comes at significant cost. Over the next 10 
years, the United States will spend hundreds of bil-
lions of dollars maintaining its nuclear force. A sub-
stantial decrease in the nuclear arsenal of the 
United States is prudent for both the budget and 
national security. 
(4) The national security interests of the 
United States can be well served by reducing the 
total number of deployed nuclear warheads and their 
delivery systems, as suggested by the Department of 
Defense’s January 2012 strategic guidance titled 
‘‘Sustaining U.S. Global Leadership: Priorities for 
21st Century Defense’’. Furthermore, a number of 
arms control, nuclear, and national security experts 
have urged the United States to reduce the number 
of deployed nuclear warheads to no more than 
1,000. 
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134 
(5) Economic security and national security are 
linked and both will be well served by smart defense 
spending. Admiral Mike Mullen, Chairman of the 
Joint Chiefs of Staff, stated on June 24, 2010, that 
‘‘Our national debt is our biggest national security 
threat’’ and on August 2, 2011, stated that ‘‘I 
haven’t changed my view that the continually in-
creasing debt is the biggest threat we have to our 
national security.’’. 
(6) The Government Accountability Office has 
found that there is significant waste in the construc-
tion of the nuclear facilities of the National Nuclear 
Security Administration of the Department of En-
ergy. 
SEC. 603. REDUCTION IN NUCLEAR FORCES. 
(a) PROHIBITION ON USE OF B–2 AND B–52 AIR-
CRAFT FOR NUCLEAR MISSIONS.—Notwithstanding any 
other provision of law, none of the funds authorized to 
be appropriated or otherwise made available for fiscal year 
2014 or any fiscal year thereafter for the Department of 
Defense may be obligated or expended to arm a B–2 or 
B–52 aircraft with a nuclear weapon. 
(b) PROHIBITION
ON NEW LONG-RANGE PENE-
TRATING
BOMBER
AIRCRAFT.—Notwithstanding any 
other provision of law, none of the funds authorized to 
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135 
be appropriated or otherwise made available for any of fis-
cal years 2014 through 2024 for the Department of De-
fense may be obligated or expended for the research, devel-
opment, test, and evaluation or procurement of a long- 
range penetrating bomber aircraft. 
(c) PROHIBITION
ON F–35 NUCLEAR MISSION.— 
Notwithstanding any other provision of law, none of the 
funds authorized to be appropriated or otherwise made 
available for fiscal year 2014 or any fiscal year thereafter 
for the Department of Defense or the Department of En-
ergy may be used to make the F–35 Joint Strike Fighter 
aircraft capable of carrying nuclear weapons. 
(d) TERMINATION OF B61 LEP.—Notwithstanding 
any other provision of law, none of the funds authorized 
to be appropriated or otherwise made available for fiscal 
year 2014 or any fiscal year thereafter for the Department 
of Defense or the Department of Energy may be obligated 
or expended for the B61 life extension program. 
(e) TERMINATION OF W78 LEP.—Notwithstanding 
any other provision of law, none of the funds authorized 
to be appropriated or otherwise made available for fiscal 
year 2014 or any fiscal year thereafter for the Department 
of Defense or the Department of Energy may be obligated 
or expended for the W78 life extension program. 
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136 
(f) 
REDUCTION
OF
NUCLEAR-ARMED
SUB-
MARINES.—Notwithstanding any other provision of law, 
beginning in fiscal year 2014, the forces of the Navy shall 
include not more than eight operational ballistic-missile 
submarines available for deployment. 
(g) LIMITATION ON SSBN–X SUBMARINES.—Not-
withstanding any other provision of law— 
(1) none of the funds authorized to be appro-
priated or otherwise made available for any of fiscal 
years 2014 through 2024 for the Department of De-
fense may be obligated or expended for the procure-
ment of an SSBN–X submarine; and 
(2) none of the funds authorized to be appro-
priated or otherwise made available for fiscal year 
2025 or any fiscal year thereafter for the Depart-
ment of Defense may be obligated or expended for 
the procurement of more than eight such sub-
marines. 
(h) REDUCTION OF ICBMS.—Notwithstanding any 
other provision of law, none of the funds authorized to 
be appropriated or otherwise made available for fiscal year 
2014 or any fiscal year thereafter for the Department of 
Defense may be obligated or expended to maintain more 
than 200 intercontinental ballistic missiles. 
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137 
(i) REDUCTION OF SLBMS.—Notwithstanding any 
other provision of law, none of the funds authorized to 
be appropriated or otherwise made available for fiscal year 
2014 or any fiscal year thereafter for the Department of 
Defense may be obligated or expended to maintain more 
than 250 submarine-launched ballistic missiles. 
(j) PROHIBITION ON NEW ICBM.—Notwithstanding 
any other provision of law, none of the funds authorized 
to be appropriated or otherwise made available for fiscal 
year 2014 or any fiscal year thereafter for the Department 
of Defense may be obligated or expended for the research, 
development, test, and evaluation or procurement of a new 
intercontinental ballistic missile. 
(k) 
TERMINATION
OF
MOX 
FUEL
PLANT 
PROJECT.—Notwithstanding any other provision of law, 
none of the funds authorized to be appropriated or other-
wise made available for fiscal year 2014 or any fiscal year 
thereafter for the Department of Defense or the Depart-
ment of Energy may be obligated or expended for the 
Mixed Oxide (MOX) Fuel Fabrication Facility project. 
(l) TERMINATION
OF CMRR PROJECT.—Notwith-
standing section 4215 of the Atomic Energy Defense Act 
or any other provision of law, none of the funds authorized 
to be appropriated or otherwise made available for fiscal 
year 2014 or any fiscal year thereafter for the Department 
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138 
of Defense or the Department of Energy may be obligated 
or expended for the Chemistry and Metallurgy Research 
Replacement nuclear facility. 
(m) TERMINATION OF UPF.—Notwithstanding any 
other provision of law, none of the funds authorized to 
be appropriated or otherwise made available for fiscal year 
2014 or any fiscal year thereafter for the Department of 
Defense or the Department of Energy may be obligated 
or expended for the Uranium Processing Facility located 
at the Y–12 National Security Complex. 
(n) TERMINATION
OF MEADS.—Notwithstanding 
any other provision of law, none of the funds authorized 
to be appropriated or otherwise made available for fiscal 
year 2014 or any fiscal year thereafter for the Department 
of Defense may be obligated or expended for the medium 
extended air defense system. 
SEC. 604. REPORTS REQUIRED. 
(a) INITIAL REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense and the Secretary of Energy shall jointly submit 
to the appropriate committees of Congress a report out-
lining the plan of each Secretary to carry out section 603. 
(b) ANNUAL REPORT.—Not later than March 1, 
2014, and each year thereafter, the Secretary of Defense 
and the Secretary of Energy shall jointly submit to the 
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appropriate committees of Congress a report outlining the 
plan of each Secretary to carry out section 603, including 
any updates to previously submitted reports. 
(c) ANNUAL NUCLEAR WEAPONS ACCOUNTING.— 
Not later than September 30, 2014, and each year there-
after, the President shall transmit to the appropriate com-
mittees of Congress a report containing a comprehensive 
accounting by the Director of the Office of Management 
and Budget of the amounts obligated and expended by the 
Federal Government for each nuclear weapon and related 
nuclear program during— 
(1) the fiscal year covered by the report; and 
(2) the life cycle of such weapon or program. 
(d) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the Committee on Armed Services, the 
Committee on Foreign Relations, the Committee on 
Appropriations, and the Committee on Energy and 
Natural Resources of the Senate; and 
(2) the Committee on Armed Services, the 
Committee on Foreign Affairs, the Committee on 
Appropriations, the Committee on Energy and Com-
merce, and the Committee on Natural Resources of 
the House of Representatives. 
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140 
Subtitle B—Limiting Excessive 
Contractor Compensation 
SEC. 611. LIMITATION ON ALLOWABLE COMPENSATION 
COSTS. 
(a) LIMITATION.— 
(1) 
CIVILIAN
CONTRACTS.—Section 
4304(a)(16) of title 41, United States Code, is 
amended to read as follows: 
‘‘(16) Costs of compensation of contractor and 
subcontractor employees for a fiscal year, regardless 
of the contract funding source, to the extent that 
such compensation exceeds the rate payable for level 
I of the Executive Schedule under section 5312 of 
title 5.’’. 
(2) 
DEFENSE
CONTRACTS.—Section 
2324(e)(1)(P) of title 10, United States Code, is 
amended to read as follows: 
‘‘(P) Costs of compensation of contractor and 
subcontractor employees for a fiscal year, regardless 
of the contract funding source, to the extent that 
such compensation exceeds the rate payable for level 
I of the Executive Schedule under section 5312 of 
title 5.’’. 
(b) CONFORMING AMENDMENTS.— 
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141 
(1) IN
GENERAL.—Section 1127 of title 41, 
United States Code, is hereby repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 11 of title 41, 
United States Code, is amended by striking the item 
relating to section 1127. 
Subtitle C—Relocate Troops From 
Europe to the United States 
SEC. 615. RELOCATION TO UNITED STATES MILITARY IN-
STALLATIONS OF MEMBERS OF THE UNITED 
STATES ARMED FORCES ASSIGNED TO PER-
MANENT DUTY IN EUROPE. 
(a) RELOCATION REQUIRED.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary of Defense shall complete the relocation to military 
installations in the United States of at least 10,000 mem-
bers of the Armed Forces of the United States who, as 
of the date of the enactment of this Act, are assigned to 
permanent duty ashore in Europe. The members relocated 
shall not be replaced by the assignment of other members 
of the Armed Forces of the United States to permanent 
duty ashore in Europe. 
(b) EXCLUSION OF CERTAIN MEMBERS.—For pur-
poses of complying with this section, the Secretary of De-
fense shall not select members of the Armed Forces per-
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142 
forming the following assignments for relocation to the 
United States: 
(1) Members assigned to permanent duty 
ashore in Iceland, Greenland, and the Azores. 
(2) Members performing duties in Europe for 
more than 179 days under a military-to-military 
contact program under section 168 of title 10, 
United States Code. 
(c) EXCEPTIONS; WAIVER.—This section shall not 
apply in the event of a declaration of war or an armed 
attack on any European member nation of the North At-
lantic Treaty Organization. The President may waive op-
eration of this section if the President declares an emer-
gency and immediately informs the Congress of the waiver 
and the reasons therefor. 
(d) CONFORMING
AMENDMENT
TO
PERMANENT 
CEILING ON UNITED STATES MILITARY PRESENCE IN 
EUROPE.—Section 1002(c)(1) of the Department of De-
fense Authorization Act, 1985 (22 U.S.C. 1928 note) is 
amended by striking ‘‘100,000’’ and inserting ‘‘60,000’’. 
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143 
Subtitle D—Additional Reduction 
in Armed Forces End Strength 
Levels 
SEC. 621. ADDITIONAL ARMY AND MARINE CORPS END 
STRENGTH REDUCTIONS THROUGH RETIRE-
MENT AND SEPARATION. 
(a) ARMY.—In addition to the reductions in end 
strength levels of active duty members of the Army other-
wise required to be achieved during fiscal years 2013 
through 2017, the Secretary of the Army shall reduce the 
end strength numbers for active duty personnel as of the 
end of fiscal year 2017 by an additional 20,000. 
(b) MARINE CORPS.—In addition to the reductions 
in end strength levels of active duty members of the Ma-
rine Corps otherwise required to be achieved during fiscal 
years 2013 through 2017, the Secretary of the Navy shall 
reduce the end strength numbers for active duty personnel 
as of the end of fiscal year 2017 by an additional 7,000. 
(c) METHODS
OF ACHIEVING REDUCTIONS.—To 
achieve the personnel reductions required by subsections 
(a) and (b), the Secretary of the Army and the Secretary 
of the Navy shall rely on the retirement and separation 
of members of the Army and Marine Corps, including as 
a result of the use of enhanced selective early retirement 
boards and early discharges under section 638a of title 
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144 
10, United States Code, as reinstated by section 502 of 
the National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112–239). 
Subtitle E—Procurement of Cer-
tain Submarines, Carriers, and 
Aircraft 
SEC. 631. LIMITATION ON PROCUREMENT OF VIRGINIA 
CLASS SUBMARINES. 
Notwithstanding any other provision of law, none of 
the funds authorized to be appropriated or otherwise made 
available for fiscal years 2014 through 2024 for the De-
partment of Defense may be obligated or expended to pro-
cure more than one Virginia class submarine per fiscal 
year. 
SEC. 632. LIMITATION ON PROCUREMENT OF ONE FORD 
CLASS AIRCRAFT CARRIER. 
(a) LIMITATION.—Notwithstanding any other provi-
sion of law, none of the funds authorized to be appro-
priated or otherwise made available for fiscal year 2014 
or any fiscal year thereafter for the Department of De-
fense may be obligated or expended to procure the Ford 
class aircraft carrier designated CVN–80. 
(b) EFFECT
ON REQUIREMENT
FOR 11 OPER-
ATIONAL AIRCRAFT CARRIERS.—Subsection (a) applies 
even in the event that the number of operational aircraft 
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carriers for the naval combat forces of the Navy becomes 
less than 11, notwithstanding section 5065(b) of title 10, 
United States Code. 
SEC. 633. AUTHORITY FOR PROCUREMENT OF F/A–18E AND 
F/A–18F AIRCRAFT. 
(a) REPLACEMENT OF PLANNED PROCUREMENT OF 
F–35C AIRCRAFT.— 
(1) LIMITATION ON PROCUREMENT.—Notwith-
standing any other provision of law, none of the 
funds authorized to be appropriated or otherwise 
made available for fiscal year 2014 or any fiscal year 
thereafter for the Department of Defense may be 
obligated or expended to procure the 237 F–35C air-
craft that the Secretary of the Navy planned to pro-
cure as of the date on which the budget of the Presi-
dent was submitted to Congress under section 
1105(a) of title 31, United States Code, for fiscal 
year 2013. 
(2) AUTHORITY
FOR
PROCUREMENT.—Of the 
funds authorized to be appropriated or otherwise 
made available for fiscal year 2014 or any fiscal year 
thereafter for the Department of Defense, the Sec-
retary of the Navy may procure not more than a 
total of 240 F/A–18E and F/A–18F aircraft. 
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(b) REPLACEMENT
OF PROCUREMENT
OF F–35B 
AIRCRAFT.— 
(1) LIMITATION ON PROCUREMENT.—Notwith-
standing any other provision of law, none of the 
funds authorized to be appropriated or otherwise 
made available for fiscal year 2014 or any fiscal year 
thereafter for the Department of Defense may be 
obligated or expended to procure more than 200 F– 
35B aircraft. 
(2) AUTHORITY
FOR
PROCUREMENT.—Of the 
funds authorized to be appropriated or otherwise 
made available for fiscal year 2014 or any fiscal year 
thereafter for the Department of Defense, the Sec-
retary of the Navy may procure not more than a 
total of 220 F/A–18E and F/A–18F aircraft. 
SEC. 634. PROHIBITION ON PROCUREMENT OF V–22 OS-
PREY AIRCRAFT. 
Notwithstanding any other provision of law, none of 
the funds authorized to be appropriated or otherwise made 
available for fiscal year 2014 or any fiscal year thereafter 
for the Department of Defense may be obligated or ex-
pended for the procurement of V–22 Osprey aircraft. 
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