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SEC. 1032. FINDINGS REGARDING HABEAS CORPUS RIGHTS. 
Congress finds the following: 
(1) Article 1, section 9 of the Constitution 
states ‘‘The Privilege of the Writ of Habeas Corpus 
shall not be suspended, unless when in Cases of Re-
bellion or Invasion the public Safety may require 
it.’’. 
(2) Regarding the Great Writ, the Supreme 
Court has noted ‘‘The writ of habeas corpus is the 
fundamental instrument for safeguarding individual 
freedom against arbitrary and lawless state action.’’. 
SEC. 1033. RIGHTS UNAFFECTED. 
(a) RULE OF CONSTRUCTION.—Nothing in the Au-
thorization for Use of Military Force (Public Law 107– 
40; 50 U.S.C. 1541 note) or the National Defense Author-
ization Act for Fiscal Year 2012 (Public Law 112–81) 
shall be construed to deny the availability of the writ of 
habeas corpus or to deny any Constitutional rights in a 
court ordained or established by or under Article III of 
the Constitution for any person who is lawfully in the 
United States when detained pursuant to the Authoriza-
tion for Use of Military Force (Public Law 107–40; 50 
U.S.C. 1541 note) and who is otherwise entitled to the 
availability of such writ or such rights. 
(b) NOTIFICATION
OF DETENTION
OF PERSONS 
UNDER
AUTHORIZATION
FOR
USE
OF
MILITARY 
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FORCE.—Not later than 48 hours after the date on which 
a person who is lawfully in the United States is detained 
pursuant to the Authorization for Use of Military Force 
(Public Law 107–40; 50 U.S.C. 1541 note), the President 
shall notify Congress of the detention of such person. 
(c) HABEAS APPLICATIONS.—A person who is law-
fully in the United States when detained pursuant to the 
Authorization for Use of Military Force (Public Law 107– 
40; 50 U.S.C. 1541 note) shall be allowed to file an appli-
cation for habeas corpus relief in an appropriate district 
court not later than 30 days after the date on which such 
person is placed in military custody. 
SEC. 1034. EXTENSION OF AUTHORITY TO MAKE REWARDS 
FOR COMBATING TERRORISM. 
(a) EXTENSION.—Section 127b(c)(3)(C) of title 10, 
United States Code, is amended by striking ‘‘September 
30, 2013’’ and inserting ‘‘September 30, 2014’’. 
(b) 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 congressional defense com-
mittees a report that outlines the future requirements and 
authorities to make rewards for combating terrorism. The 
report shall include— 
(1) an analysis of future requirements under 
section 127b of title 10, United States Code; 
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(2) a detailed description of requirements for 
rewards in support of operations with allied forces; 
and 
(3) an overview of geographic combatant com-
mander requirements through September 30, 2014. 
SEC. 1035. PROHIBITION ON TRAVEL TO THE UNITED 
STATES FOR CERTAIN DETAINEES REPATRI-
ATED TO THE FEDERATED STATES OF MICRO-
NESIA, THE REPUBLIC OF PALAU, AND THE 
REPUBLIC OF THE MARSHALL ISLANDS. 
(a) PROHIBITION
ON TRAVEL
TO
THE UNITED 
STATES.—Notwithstanding any provision of the applicable 
Compact of Free Association described in subsection (c), 
an individual described in subsection (b) who has been re-
patriated to the Federated States of Micronesia, the Re-
public of the Marshall Islands, or the Republic of Palau 
may not be afforded the rights and benefits put forth in 
section 141 of such applicable Compact of Free Associa-
tion. 
(b) INDIVIDUAL
DESCRIBED.—An individual de-
scribed in this subsection is an individual who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
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(2) is or was located at United States Naval 
Station, Guantanamo Bay, Cuba, on or after Sep-
tember 11, 2001, while— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) APPLICABLE COMPACT OF FREE ASSOCIATION.— 
The applicable Compact of Free Association described in 
this subsection is— 
(1) with respect to an individual repatriated to 
the Federal States of Micronesia, the Compact of 
Free Association, as amended, between the Govern-
ment of the United States of America and the Gov-
ernment of the Federated States of Micronesia as 
set forth in section 201(a) of the Compact of Free 
Association Amendments Act of 2003 (Public Law 
108–188; 48 U.S.C. 1921 note); 
(2) with respect to an individual repatriated to 
the Republic of the Marshall Islands, the Compact 
of Free Association, as amended, between the Gov-
ernment of the United States of America and the 
Government of the Republic of the Marshall Islands 
as set forth in section 201(b) of the Compact of 
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Free Association Amendments Act of 2003 (Public 
Law 108–188; 48 U.S.C. 1921 note); and 
(3) with respect to an individual repatriated to 
the Republic of Palau, the Compact of Free Associa-
tion between the Government of the United States 
of America and the Government of Palau as set 
forth in section 201 of the joint resolution entitled 
‘‘A Joint Resolution to approve the ‘Compact of 
Free Association’ between the United States and the 
Government of Palau, and for other purposes’’, ap-
proved November 14, 1986 (Public Law 99–658; 48 
U.S.C. 1931 note). 
SEC. 1036. PROHIBITION ON THE USE OF FUNDS FOR THE 
TRANSFER OR RELEASE OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated by 
this Act for fiscal year 2013 may be used to transfer, re-
lease, 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 
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(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. 1037. REQUIREMENTS FOR CERTIFICATIONS RELAT-
ING TO THE TRANSFER OF DETAINEES AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO FOREIGN COUNTRIES 
AND OTHER FOREIGN ENTITIES. 
(a) CERTIFICATION REQUIRED PRIOR
TO TRANS-
FER.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (d), the Secretary of De-
fense may not use any amounts authorized to be ap-
propriated or otherwise available to the Department 
of Defense for fiscal year 2013 to transfer any indi-
vidual detained at Guantanamo to the custody or 
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 subsection (b) not later than 30 
days before the transfer of the individual. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to any action taken by the Secretary to trans-
fer any individual detained at Guantanamo to effec-
tuate an order affecting the disposition of the indi-
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vidual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance). 
(b) CERTIFICATION.—A certification described in this 
subsection is a written certification made by the Secretary 
of Defense, with the concurrence of the Secretary of State 
and in consultation with the Director of National Intel-
ligence, that— 
(1) the government of the foreign country or 
the recognized leadership of the foreign entity to 
which the individual detained at Guantanamo is to 
be transferred— 
(A) is not a designated state sponsor of 
terrorism or a designated foreign terrorist orga-
nization; 
(B) maintains control over each detention 
facility in which the individual is to be detained 
if the individual is to be housed in a detention 
facility; 
(C) is not, as of the date of the certifi-
cation, facing a threat that is likely to substan-
tially affect its ability to exercise control over 
the individual; 
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(D) has taken or agreed to take effective 
actions to ensure that the individual cannot 
take action to threaten the United States, its 
citizens, or its allies in the future; 
(E) has taken or agreed to take such ac-
tions as the Secretary of Defense determines 
are necessary to ensure that the individual can-
not engage or reengage in any terrorist activity; 
and 
(F) has agreed to share with the United 
States any information 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 
(2) includes an assessment, in classified or un-
classified form, of the capacity, willingness, and past 
practices (if applicable) of the foreign country or en-
tity in relation to the Secretary’s certifications. 
(c) PROHIBITION IN CASES OF PRIOR CONFIRMED 
RECIDIVISM.— 
(1) PROHIBITION.—Except as provided in para-
graph (2) and subsection (d), the Secretary of De-
fense may not use any amounts authorized to be ap-
propriated or otherwise made available to the De-
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partment of Defense to transfer any individual de-
tained at Guantanamo to the custody or control of 
the individual’s country of origin, any other foreign 
country, or any other foreign entity if there is a con-
firmed case of any individual who was detained at 
United States Naval Station, Guantanamo Bay, 
Cuba, at any time after September 11, 2001, who 
was transferred to such foreign country or entity 
and subsequently engaged in any terrorist activity. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to any action taken by the Secretary to trans-
fer any individual detained at Guantanamo to effec-
tuate an order affecting the disposition of the indi-
vidual that is issued by a court or competent tri-
bunal of the United States having lawful jurisdiction 
(which the Secretary shall notify Congress of 
promptly after issuance). 
(d) NATIONAL SECURITY WAIVER.— 
(1) IN
GENERAL.—The Secretary of Defense 
may waive the applicability to a detainee transfer of 
a certification requirement specified in subparagraph 
(D) or (E) of subsection (b)(1) or the prohibition in 
subsection (c), if the Secretary certifies the rest of 
the criteria required by subsection (b) for transfers 
prohibited by subsection (c) and, with the concur-
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rence of the Secretary of State and in consultation 
with the Director of National Intelligence, deter-
mines that— 
(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 subpara-
graph (D) or (E) of subsection (b)(1), it is not 
possible to certify that the risks addressed in 
the paragraph to be waived have been com-
pletely eliminated, but the actions to be taken 
under subparagraph (A) will substantially miti-
gate 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 
activity, 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. 
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(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: 
(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; and 
(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 subpara-
graph to be waived have been completely 
eliminated. 
(C) A summary of the alternative actions 
to be taken to address the underlying purpose 
of, and to mitigate the risks addressed in, the 
subparagraph or subsection to be waived. 
(D) The assessment required by subsection 
(b)(2). 
(e) DEFINITIONS.—In this section: 
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retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
SEC. 1038. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
OR MODIFY FACILITIES IN THE UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANS-
FERRED FROM UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—No amounts authorized to be ap-
propriated or otherwise made available to the Department 
of Defense for fiscal year 2013 may be used to construct 
or modify any facility in the United States, its territories, 
or possessions to house any individual detained at Guanta-
namo for the purposes of detention or imprisonment in 
the custody or under the control of the Department of De-
fense unless authorized by Congress. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) INDIVIDUAL DETAINED AT GUANTANAMO DE-
FINED.—In this section, the term ‘‘individual detained at 
Guantanamo’’ has the meaning given that term in section 
1037(e)(2). 
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SEC. 1039. REPORTS ON RECIDIVISM OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA, THAT HAVE BEEN 
TRANSFERRED TO FOREIGN COUNTRIES. 
(a) REPORT ON FACTORS CAUSING OR CONTRIB-
UTING TO RECIDIVISM.—Not later than 60 days after the 
date of the enactment of this Act, and annually thereafter 
for five years, the Director of the Defense Intelligence 
Agency, in consultation with the head of each element of 
the intelligence community that the Director considers ap-
propriate, shall submit to the covered congressional com-
mittees a report assessing the factors that cause or con-
tribute to the recidivism of individuals detained at Guan-
tanamo that are transferred or released to a foreign coun-
try, including a discussion of trends, by country and re-
gion, where recidivism has occurred. 
(b) REPORT ON EFFECTIVENESS OF INTERNATIONAL 
AGREEMENTS.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of State, with 
the concurrence of the Secretary of Defense, shall submit 
to the covered congressional committees, the Committee 
on Foreign Affairs of the House of Representatives, and 
the Committee on Foreign Relations of the Senate a re-
port assessing the effectiveness of international agree-
ments relating to the transfer or release of individuals de-
tained at Guantanamo between the United States and 
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each foreign country to which an individual detained at 
Guantanamo has been transferred or released. 
(c) FORM.—The reports required under subsections 
(a) and (b) shall be submitted in unclassified form, but 
may include a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) COVERED CONGRESSIONAL COMMITTEES.— 
The 
term 
‘‘covered 
congressional 
committees’’ 
means— 
(A) the Committee on Armed Services and 
the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(B) the Committee on Armed Services and 
the Select Committee on Intelligence of the 
Senate. 
(2) INDIVIDUAL DETAINED AT GUANTANAMO.— 
The term ‘‘individual detained at Guantanamo’’ 
means any individual that is or was located at 
United States Naval Station, Guantanamo Bay, 
Cuba, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is or was— 
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(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. 
SEC. 1040. NOTICE AND REPORT ON USE OF NAVAL VES-
SELS FOR DETENTION OF INDIVIDUALS CAP-
TURED OUTSIDE AFGHANISTAN PURSUANT 
TO THE AUTHORIZATION FOR USE OF MILI-
TARY FORCE. 
(a) NOTICE TO CONGRESS.—Not later than 5 days 
after first detaining an individual who is captured pursu-
ant to the Authorization for Use of Military Force on a 
naval vessel outside the United States, the Secretary of 
Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives notice 
of the detention. 
(b) REPORT.— 
(1) IN GENERAL.—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 Senate and House of Representatives 
a report on the use of naval vessels for the detention 
outside the United States of any individual who is 
captured pursuant to the Authorization for Use of 
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Military Force (Public Law 107–40; 50 U.S.C. 1541 
note). Such report shall include— 
(A) procedures and any limitations on de-
taining such individuals at sea on board United 
States naval vessels; 
(B) an assessment of any force protection 
issues associated with detaining such individ-
uals on such vessels; 
(C) an assessment of the likely effect of 
such detentions on the original mission of the 
naval vessel; and 
(D) any restrictions on long-term detention 
of individuals on United States naval vessels. 
(2) FORM
OF
REPORT.—The report required 
under paragraph (1) shall be submitted in unclassi-
fied form but may contain a classified annex. 
SEC. 1041. NOTICE REQUIRED PRIOR TO TRANSFER OF 
CERTAIN INDIVIDUALS DETAINED AT THE 
DETENTION FACILITY AT PARWAN, AFGHANI-
STAN. 
(a) NOTICE REQUIRED.—The Secretary of Defense 
shall submit to the appropriate congressional committees 
notice in writing of the proposed transfer of any individual 
detained pursuant to the Authorization for Use of Military 
Force (Public Law 107–40; 50 U.S.C. 1541 note) who is 
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country other than Afghanistan, a certification that 
an assessment has been conducted regarding the ca-
pacity, willingness, and historical track records of 
the country for reintegrating or rehabilitating simi-
lar individuals. 
(4) In the case of the proposed transfer of such 
an individual to the custody of the government of 
Afghanistan for prosecution or detention, a certifi-
cation that an assessment has been conducted re-
garding the capacity, willingness, and historical 
track record of Afghanistan to prosecute or detain 
long-term such individuals. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the Committee on Armed Serv-
ices and the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Armed Services 
and the Committee on Foreign Relations of the Senate. 
SEC. 1042. REPORT ON RECIDIVISM OF INDIVIDUALS FOR-
MERLY DETAINED AT THE DETENTION FACIL-
ITY AT PARWAN, AFGHANISTAN. 
(a) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the relevant congressional committees a 
report that— 
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(1) assesses recidivism rates and the factors 
that cause or contribute to the recidivism of individ-
uals formerly detained at the Detention Facility at 
Parwan, Afghanistan, who are transferred or re-
leased, with particular emphasis on individuals 
transferred or released in connection with reconcili-
ation efforts or peace negotiations; and 
(2) includes a general rationale of the Com-
mander, International Security Assistance Force, as 
to why such individuals were released. 
(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(c) RELEVANT CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘relevant congressional 
committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
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SEC. 1043. ADDITIONAL REQUIREMENTS RELATING TO THE 
TRANSFER OF INDIVIDUALS DETAINED AT 
GUANTANAMO TO FOREIGN COUNTRIES AND 
OTHER FOREIGN ENTITIES. 
Section 1028 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81) is amend-
ed— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘the certification described 
in subsection (b) not later than 30 days before 
the transfer of the individual’’ and inserting 
‘‘by not later than 90 days before the transfer 
each of the following;’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(A) The certification described in sub-
section (b). 
‘‘(B) An assessment of the likelihood that 
the individual to be transferred will engage in 
terrorist activity after the transfer takes place. 
‘‘(C) A detailed summary, in classified or 
unclassified form, of the individual’s history of 
associations with foreign terrorist organizations 
and the individual’s record of cooperation while 
in the custody of or under the effective control 
of the Department of Defense.’’; and 
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(2) in subsection (d)(2)— 
(A) by striking ‘‘30 days’’ and inserting 
‘‘90 days’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(E) An assessment of the likelihood that 
the individual to be transferred will engage in 
terrorist activity after the transfer takes place. 
‘‘(F) A detailed summary, in classified or 
unclassified form, of the individual’s history of 
associations with foreign terrorist organizations 
and the individual’s record of cooperation while 
in the custody of or under the effective control 
of the Department of Defense.’’. 
Subtitle E—Nuclear Forces 
SEC. 1051. NUCLEAR WEAPONS EMPLOYMENT STRATEGY 
OF THE UNITED STATES. 
(a) SENSE OF CONGRESS.—Subsection (a) of section 
1046 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1579) is 
amended to read as follows: 
‘‘(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
‘‘(1) any future modification to the nuclear 
weapons employment strategy, plans, and options of 
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the United States should maintain or enhance the 
ability of the nuclear forces of the United States to 
support the goals of the United States with respect 
to nuclear deterrence, extended deterrence, and as-
surances for allies, and the defense of the United 
States; and 
‘‘(2) the oversight responsibility of Congress in-
cludes oversight of the nuclear weapons employment 
strategy, plans, and options of the United States 
and that therefore the Chairmen and Ranking Mem-
bers of the Committees on Armed Services of the 
Senate and House of Representatives, and such pro-
fessional staff as they designate, should have access 
to the nuclear weapons employment strategy, plans, 
and options of the United States.’’. 
(b) REPORTS ON STRATEGY.—Section 491 of title 
10, United States Code, is— 
(1) transferred to chapter 24 of such title, as 
added by subsection (c)(1); and 
(2) amended— 
(A) in the heading, by inserting ‘‘weap-
ons’’ after ‘‘Nuclear’’; 
(B) by striking ‘‘nuclear employment strat-
egy’’ each place it appears and inserting ‘‘nu-
clear weapons employment strategy’’; 
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(C) in paragraph (1)— 
(i) by inserting ‘‘the’’ after ‘‘modifica-
tions to’’; and 
(ii) by inserting ‘‘, plans, and options’’ 
after ‘‘employment strategy’’; 
(D) by inserting after paragraph (3) the 
following new paragraph: 
‘‘(4) the extent to which such modifications in-
clude an increased reliance on conventional or non- 
nuclear global strike capabilities or missile defenses 
of the United States.’’; 
(E) by striking ‘‘On the date’’ and insert-
ing ‘‘(a) REPORTS.—On the date’’; and 
(F) by adding at the end the following new 
subsection: 
‘‘(b) ANNUAL BRIEFINGS.—Not later than March 15 
of each year, the Secretary of Defense shall provide to the 
congressional defense committees a briefing regarding the 
nuclear weapons employment strategy, plans, and options 
of the United States.’’. 
(c) CLERICAL AND CONFORMING AMENDMENTS.— 
(1) CHAPTER 24.—Part I of subtitle A of title 
10, United States Code, is amended by adding at 
the end the following new chapter: 
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‘‘CHAPTER 24—NUCLEAR POSTURE 
‘‘Sec. 
‘‘491. Nuclear weapons employment strategy of the United States: modification 
of strategy.’’. 
(2) TABLE OF CHAPTERS.—The table of chap-
ters at the beginning of subtitle A of title 10, United 
States Code, and at the beginning of part I of such 
subtitle, are each amended by inserting after the 
item relating to chapter 23 the following new item: 
‘‘24. Nuclear posture .........................................................................
491’’. 
(3) TRANSFER OF PROVISIONS.— 
(A) CHAPTER 23.—Chapter 23 of title 10, 
United States Code, is amended as follows: 
(i) Section 490a is— 
(I) transferred to chapter 24 of 
such title, as added by paragraph (1); 
(II) inserted after section 491 of 
such title, as added to such chapter 
24 by subsection (b)(1); and 
(III) redesignated as section 492. 
(ii) The table of sections at the begin-
ning of such chapter 23 is amended by 
striking the items relating to sections 490a 
and 491. 
(B) FY12 NDAA.—Section 1077 of the Na-
tional Defense Authorization Act for Fiscal 
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Year 2012 (Public Law 112–81; 50 U.S.C. 
2514) is— 
(i) transferred to chapter 24 of title 
10, United States Code, as added by para-
graph (1); 
(ii) inserted after section 492 of such 
title, as added by subparagraph (A)(i); 
(iii) redesignated as section 493; and 
(iv) amended by striking ‘‘the date of 
the enactment of this Act’’ and inserting 
‘‘December 31, 2011,’’. 
(C) CHAPTER 24.—The table of sections at 
the beginning of chapter 24 of title 10, United 
States Code, as added by paragraph (1), is 
amended by inserting after the item relating to 
section 491 the following new items: 
‘‘492. Biennial assessment and report on the delivery platforms for nuclear 
weapons and the nuclear command and control system. 
‘‘493. Reports to Congress on the modification of the force structure for the 
strategic nuclear weapons delivery systems of the United 
States.’’. 
(4) 
CONFORMING
AMENDMENT.—Section 
1041(b) of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1574) is amended by striking ‘‘section 490a of title 
10, United States Code, as added by subsection 
(a),’’ and inserting ‘‘section 492 of title 10, United 
States Code,’’. 
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SEC. 1052. COMMITMENTS FOR NUCLEAR WEAPONS STOCK-
PILE MODERNIZATION. 
(a) FINDINGS.—Congress finds the following: 
(1) In 2008, then Secretary of Defense Robert 
Gates warned that ‘‘to be blunt, there is absolutely 
no way we can maintain a credible deterrent and re-
duce the number of weapons in our stockpile without 
either resorting to testing our stockpile or pursuing 
a modernization program.’’. 
(2) Secretary Gates also warned in September 
2009 that modernization is a prerequisite to nuclear 
force reductions, stating that modernizing the nu-
clear capability of the United States is an ‘‘enabler 
of arms control and our ability to reduce the size of 
our nuclear stockpile. When we have more con-
fidence in the long-term viability of our weapons sys-
tems, then our ability to reduce the number of weap-
ons we must keep in the stockpile is enhanced.’’. 
(3) President Obama’s 2010 Nuclear Posture 
Review stated that— 
(A) ‘‘In order to sustain a safe, secure, 
and effective United States nuclear stockpile as 
long as nuclear weapons exist, the United 
States must possess a modern physical infra-
structure—comprised of the national security 
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laboratories and a complex of supporting facili-
ties.’’; and 
(B) ‘‘[I]mplementation of the Stockpile 
Stewardship Program and the nuclear infra-
structure investments recommended in the NPR 
will allow the United States to shift away from 
retaining large numbers of non-deployed war-
heads as a hedge against technical or geo-
political surprise, allowing major reductions in 
the nuclear stockpile. These investments are es-
sential to facilitating reductions while sus-
taining deterrence under New START and be-
yond.’’. 
(4) Section 1251 of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2549) required the President to 
submit a report to Congress on the plan for the nu-
clear weapons stockpile, nuclear weapons complex, 
and delivery platforms at the time a follow-on treaty 
to the Strategic Arms Reduction Treaty was sub-
mitted by the President to the Senate. The Presi-
dent submitted such report in May 2010 and sub-
mitted updates in November 2010 and February 
2011. 
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(5) Such section 1251 also contained a sense of 
Congress that ‘‘the enhanced safety, security, and 
reliability of the nuclear weapons stockpile, mod-
ernization of the nuclear weapons complex, and 
maintenance of nuclear delivery systems are key to 
enabling further reductions in the nuclear forces of 
the United States.’’. 
(6) Forty-one Senators wrote to President 
Obama on December 15, 2009, stating, ‘‘we don’t 
believe further reductions can be in the national se-
curity interest of the United States in the absence 
of a significant program to modernize our nuclear 
deterrent.’’. 
(7) Former Secretary of Defense and Secretary 
of Energy James Schlesinger stated, while testifying 
before the Committee on Foreign Relations of the 
Senate in April 2010, ‘‘I believe that it is immensely 
important for the Senate to ensure, what the Admin-
istration has stated as its intent, i.e., that there be 
a robust plan with a continuation of its support over 
the full 10 years, before it proceeds to ratify this 
START follow-on treaty.’’. 
(8) Former Secretary of State James Baker 
stated in testimony before the Committee on Foreign 
Relations of the Senate in May 2010 that ‘‘because 
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our security is based upon the safety and reliability 
of our nuclear weapons, it is important that our 
Government budget enough money to guarantee that 
those weapons can carry out their mission.’’. 
(9) Former Secretary of State Henry Kissinger 
also stated in May 2010 while testifying before the 
Committee on Foreign Relations of the Senate that 
‘‘as part of a number of recommendations, my col-
leagues, Bill Perry, George Shultz, Sam Nunn, and 
I have called for significant investments in a re-
paired and modernized nuclear weapons infrastruc-
ture and added resources for the three national lab-
oratories.’’. 
(10) Then Secretary of Defense Robert Gates, 
while testifying before the Committee on Armed 
Services of the Senate in June 2010, stated, ‘‘I see 
this treaty as a vehicle to finally be able to get what 
we need in the way of modernization that we have 
been unable to get otherwise * * *. We are essen-
tially the only nuclear power in the world that is not 
carrying out these kinds of modernization pro-
grams.’’. 
(11) Secretary Gates further stated that ‘‘I’ve 
been up here for the last four springs trying to get 
money for this and this is the first time I think I’ve 
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got a fair shot of actually getting money for our nu-
clear arsenal.’’. 
(12) The Directors of the national nuclear 
weapons laboratories wrote to the chairman and 
ranking member of the Committee on Foreign Rela-
tions of the Senate in December 2010 that ‘‘We are 
very pleased by the update to the Section 1251 Re-
port, as it would enable the laboratories to execute 
our requirements for ensuring a safe, secure, reliable 
and effective stockpile under the Stockpile Steward-
ship and Management Plan. In particular, we are 
pleased because it clearly responds to many of the 
concerns that we and others have voiced in the past 
about potential future-year funding shortfalls, and it 
substantially reduces risks to the overall program. In 
summary, we believe that the proposed budgets pro-
vide adequate support to sustain the safety, security, 
reliability and effectiveness of America’s nuclear de-
terrent within the limit of 1,550 deployed strategic 
warheads established by the New START Treaty 
with adequate confidence and acceptable risk.’’. 
(13) President Obama pledged, in a December 
2010 letter to several Senators, ‘‘I recognize that 
nuclear modernization requires investment for the 
long-term * * *. That is my commitment to the Con-
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gress—that my Administration will pursue these 
programs and capabilities for as long as I am Presi-
dent.’’. 
(14) Secretary Gates added in May 2011 that, 
‘‘this modernization program was very carefully 
worked out between ourselves and the Department 
of Energy; and, frankly, where we came out on that 
played a fairly significant role in the willingness of 
the Senate to ratify the New START agreement.’’. 
(15) The Administrator for Nuclear Security, 
Thomas D’Agostino, testified before Congress in No-
vember 2011 that, ‘‘it is critical to accept the link-
age between modernizing our current stockpile in 
order to achieve the policy objective of decreasing 
the number of weapons we have in our stockpile, 
while still ensuring that the deterrent is safe, secure, 
and effective.’’. 
(b) NEW START TREATY DEFINED.—In this sub-
title, the term ‘‘New START Treaty’’ means the Treaty 
between the United States of America and the Russian 
Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed on April 
8, 2010, and entered into force on February 5, 2011. 
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SEC. 1053. LIMITATION AND REPORT IN THE EVENT OF IN-
SUFFICIENT FUNDING FOR MODERNIZATION 
OF NUCLEAR WEAPONS STOCKPILE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) consistent with Condition 9 of the Resolu-
tion of Advice and Consent to Ratification of the 
New START Treaty of the Senate, agreed to on De-
cember 22, 2011, the United States is committed to 
ensuring the safety, security, reliability, and credi-
bility of its nuclear forces; and 
(2) the United States is committed to— 
(A) proceeding with a robust stockpile 
stewardship program and maintaining and mod-
ernizing nuclear weapons production capabilities 
and capacities of the United States to ensure 
the safety, security, reliability, and credibility of 
the nuclear arsenal of the United States at the 
New START Treaty levels and meeting require-
ments for hedging against possible international 
developments or technical problems; 
(B) reinvigorating and sustaining the nu-
clear security laboratories of the United States 
and preserving the core nuclear weapons com-
petencies therein; and 
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(C) providing the resources needed to 
achieve these objectives, at a minimum at the 
levels set forth in the President’s 10-year plan 
provided to Congress in November 2010 pursu-
ant to section 1251 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549). 
(b) INSUFFICIENT FUNDING REPORT AND LIMITA-
TION.— 
(1) IN
GENERAL.—Paragraph (2) of section 
1045(a) of the National Defense Authorization Act 
for Fiscal Year 2012 (50 U.S.C. 2523b) is amended 
to read as follows: 
‘‘(2) INSUFFICIENT FUNDING.— 
‘‘(A) REPORT.—During each year in which 
the New START Treaty is in force, if the 
President determines that an appropriations 
Act is enacted that fails to meet the resource 
levels set forth in the November 2010 update to 
the plan referred to in section 1251 of the Na-
tional Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 
2549) or if at any time determines that more 
resources are required to carry out such plan 
than were estimated, the President shall submit 
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to the appropriate congressional committees, 
within 60 days of making such a determination, 
a report detailing— 
‘‘(i) a plan to remedy the resource 
shortfall; 
‘‘(ii) if more resources are required to 
carry out the plan than were estimated— 
‘‘(I) the proposed level of funding 
required; and 
‘‘(II) an identification of the 
stockpile work, campaign, facility, 
site, asset, program, operation, activ-
ity, construction, or project for which 
additional funds are required; 
‘‘(iii) any effects caused by the short-
fall on the safety, security, reliability, or 
credibility of the nuclear forces of the 
United States; and 
‘‘(iv) whether and why, in light of the 
shortfall, remaining a party to the New 
START Treaty is in the national interest 
of the United States. 
‘‘(B) LIMITATION.—If the President sub-
mits a report under subparagraph (A), none of 
the funds made available for fiscal year 2012 or 
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any fiscal year thereafter for the Department of 
Defense or the National Nuclear Security Ad-
ministration may be used to reduce the number 
of deployed nuclear warheads until— 
‘‘(i) after the date on which such re-
port is submitted, the President certifies in 
writing to the appropriate congressional 
committees that the resource shortfall 
identified in such report has been ad-
dressed; and 
‘‘(ii) a period of 120 days has elapsed 
following the date on which such certifi-
cation is made. 
‘‘(C) EXCEPTION.—The limitation in sub-
paragraph (B) shall not apply to— 
‘‘(i) reductions made to ensure the 
safety, security, reliability, and credibility 
of the nuclear weapons stockpile and stra-
tegic delivery systems, including activities 
related to surveillance, assessment, certifi-
cation, testing, and maintenance of nuclear 
warheads and strategic delivery systems; or 
‘‘(ii) nuclear warheads that are retired 
or awaiting dismantlement on the date of 
the report under subparagraph (A). 
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‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘appropriate congres-
sional committees’ means— 
‘‘(I) the congressional defense 
committees; and 
‘‘(II) the Committee on Foreign 
Relations of the Senate and the Com-
mittee on Foreign Affairs of the 
House of Representatives. 
‘‘(ii) The term ‘New START Treaty’ 
means the Treaty between the United 
States of America and the Russian Federa-
tion on Measures for the Further Reduc-
tion and Limitation of Strategic Offensive 
Arms, signed on April 8, 2010, and en-
tered into force on February 5, 2011.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on October 1, 
2012. 
SEC. 1054. PROGRESS OF MODERNIZATION. 
(a) FINDINGS.—Congress finds the following: 
(1) In 2008, then Secretary of Defense Robert 
Gates warned that ‘‘to be blunt, there is absolutely 
no way we can maintain a credible deterrent and re-
duce the number of weapons in our stockpile without 
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either resorting to testing our stockpile or pursuing 
a modernization program.’’. 
(2) The 2010 Nuclear Posture Review stated 
that ‘‘the President has directed a review of post- 
New START arms control objectives, to consider fu-
ture reductions in nuclear weapons. Several factors 
will influence the magnitude and pace of future re-
ductions in United States nuclear forces below New 
START levels’’, including— 
(A) ‘‘First, any future nuclear reductions 
must continue to strengthen deterrence of po-
tential regional adversaries, strategic stability 
vis-a`-vis Russia and China, and assurance of 
our allies and partners. This will require an up-
dated assessment of deterrence requirements; 
further improvements in United States, allied, 
and partner non-nuclear capabilities; focused 
reductions in strategic and non-strategic weap-
ons; and close consultations with allies and 
partners. The United States will continue to en-
sure that, in the calculations of any potential 
opponent, the perceived gains of attacking the 
United States or its allies and partners would 
be far outweighed by the unacceptable costs of 
the response.’’; 
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(B) ‘‘Second, implementation of the Stock-
pile Stewardship Program and the nuclear in-
frastructure investments recommended in the 
NPR will allow the United States to shift away 
from retaining large numbers of non-deployed 
warheads as a hedge against technical or geo-
political surprise, allowing major reductions in 
the nuclear stockpile. These investments are es-
sential to facilitating reductions while sus-
taining deterrence under New START and be-
yond.’’; and 
(C) ‘‘Third, Russia’s nuclear force will re-
main a significant factor in determining how 
much and how fast we are prepared to reduce 
United States forces. Because of our improved 
relations, the need for strict numerical parity 
between the two countries is no longer as com-
pelling as it was during the Cold War. But 
large disparities in nuclear capabilities could 
raise concerns on both sides and among United 
States allies and partners, and may not be con-
ducive to maintaining a stable, long-term stra-
tegic relationship, especially as nuclear forces 
are significantly reduced. Therefore, we will 
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place importance on Russia joining us as we 
move to lower levels.’’. 
(3) The 2010 Nuclear Posture Review also stat-
ed that the Administration would ‘‘conduct follow-on 
analysis to set goals for future nuclear reductions 
below the levels expected in New START, while 
strengthening deterrence of potential regional adver-
saries, strategic stability vis-a`-vis Russia and China, 
and assurance of our allies and partners.’’. 
(4) The Secretary of Defense has warned in 
testimony before the Committee on Armed Services 
of the House of Representatives regarding the se-
questration mechanism under section 251A of the 
Balanced Budget and Emergency Deficit Control 
Act of 1985 that ‘‘if this sequester goes into effect 
and it doubles the number of cuts, then it’ll truly 
devastate our national defense, because it will then 
require that we have to go at our force structure. 
We will have to hollow it out * * * [i]t will badly 
damage our capabilities for the future * * *. And if 
you have a smaller force, you’re not going to be able 
to be out there responding in as many areas as we 
do now.’’. 
(5) The 2010 Nuclear Posture Review also stat-
ed that ‘‘by modernizing our aging nuclear facilities 
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and investing in human capital, we can substantially 
reduce the number of nuclear weapons we retain as 
a hedge.’’. 
(6) The President requested the promised 
$7,600,000,000 for weapons activities of the Na-
tional Nuclear Security Administration in fiscal year 
2012 but signed an appropriations Act for fiscal 
year 2012 that provided only $7,233,997,000, a sub-
stantial reduction to only the second year of the ten- 
year plan under section 1251 of the National De-
fense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 111–84; 123 Stat. 2549). 
(7) 
The 
President 
requested 
only 
$7,577,341,000 for weapons activities of the Na-
tional Nuclear Security Administration in fiscal year 
2013 while the President’s section 1251 plan prom-
ised $7,900,000,000. 
(8) The President’s section 1251 plan further 
promised to request $8,400,000,000 in fiscal year 
2014, 
$8,700,000,000 
in 
fiscal 
year 
2015, 
$8,900,000,000 in fiscal year 2016, at least 
$8,900,000,000 in fiscal year 2017, at least 
$9,200,000,000 in fiscal year 2018, at least 
$9,400,000,000 in fiscal year 2019, at least 
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$9,400,000,000 in fiscal year 2020, and at least 
$9,500,000,000 in fiscal year 2021. 
(9) While the administration has not yet shared 
with Congress the terms of reference of the so-called 
Nuclear Posture Review Implementation Study, or 
the Department of Defense’s instructions for that 
review, the only publicly available statements by the 
administration, including language from the Nuclear 
Posture Review, suggest the review was specifically 
instructed by the President and his senior political 
appointees to only consider reductions to the nuclear 
forces of the United States. 
(10) When asked at a hearing if the New 
START Treaty allowed the United States ‘‘to main-
tain a nuclear arsenal that is more than is needed 
to guarantee an adequate deterrent,’’ then Com-
mander of the United States Strategic Command, 
General Kevin P. Chilton said, ‘‘I do not agree that 
it is more than is needed. I think the arsenal that 
we have is exactly what is needed today to provide 
the deterrent.’’. 
(b) NUCLEAR EMPLOYMENT STRATEGY.—Section 
491 of title 10, United States Code, as amended by section 
1051, is amended by adding after subsection (b) the fol-
lowing: 
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‘‘(c) LIMITATION.—With respect to a new nuclear 
weapons employment strategy described in a report sub-
mitted to Congress under subsection (a), none of the funds 
made available for fiscal year 2012 or any fiscal year 
thereafter for the Department of Defense may be used to 
implement such strategy until a period of one year has 
elapsed following the date on which such report is sub-
mitted to Congress.’’. 
(c) LIMITATION.—During each of fiscal years 2012 
through 2021, none of the funds made available for each 
such fiscal year for the Department of Defense may be 
used to carry out the results of the decisions made pursu-
ant to the 2010 Nuclear Posture Review Implementation 
Study that would alter the nuclear weapons employment 
strategy, guidance, plans, or options of the United States 
until the date on which the President certifies to the con-
gressional defense committees that— 
(1) the President has included the resources 
necessary to carry out the February 2011 update to 
the report required under section 1251 of the Na-
tional Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2549) in the 
budget of the President submitted to Congress 
under section 1105(a) of title 31, United States 
Code, for such fiscal year; 
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(2) the resources described in paragraph (1) 
have been provided to the President in an appropria-
tions Act; and 
(3) the sequestration mechanism under section 
251A of the Balanced Budget and Emergency Def-
icit Control Act of 1985 has been repealed or the se-
questration mechanism under such section for the 
security category has otherwise been terminated. 
SEC. 1055. LIMITATION ON STRATEGIC DELIVERY SYSTEM 
REDUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) The Nuclear Posture Review of 2010 said, 
with respect to modernizing the triad, ‘‘for planned 
reductions under New START, the United States 
should retain a smaller Triad of SLBMs, ICBMs, 
and heavy bombers. Retaining all three Triad legs 
will best maintain strategic stability at reasonable 
cost, while hedging against potential technical prob-
lems or vulnerabilities.’’. 
(2) The Senate stated in Declaration 13 of the 
Resolution of Advice and Consent to Ratification of 
the New START Treaty that ‘‘In accordance with 
paragraph 1 of Article V of the New START Trea-
ty, which states that, ‘Subject to the provisions of 
this Treaty, modernization and replacement of stra-
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tegic offensive arms may be carried out,’ it is the 
sense of the Senate that United States deterrence 
and flexibility is assured by a robust triad of stra-
tegic delivery vehicles. To this end, the United 
States is committed to accomplishing the moderniza-
tion and replacement of its strategic nuclear delivery 
vehicles, and to ensuring the continued flexibility of 
United States conventional and nuclear delivery sys-
tems.’’. 
(3) The Senate required the President, prior to 
the entry into force of the New START Treaty, to 
certify to the Senate that the President intended to 
modernize or replace the triad of strategic nuclear 
delivery systems. 
(4) The President made this certification in a 
message to the Senate on February 2, 2011, in 
which the President stated, ‘‘I intend to (a) mod-
ernize or replace the triad of strategic nuclear deliv-
ery systems: a heavy bomber and air-launched cruise 
missile, an ICBM, and a nuclear-powered ballistic 
missile submarine (SSBN) and SLBM; and (b) 
maintain the United States rocket motor industrial 
base.’’. 
(b) LIMITATION.— 
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(1) IN
GENERAL.—Chapter 24 of title 10, 
United States Code, as added by section 1051, is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 494. Strategic delivery system reductions 
‘‘(a) ANNUAL
CERTIFICATION.—Beginning fiscal 
year 2013, the President shall annually certify in writing 
to the congressional defense committees whether plans to 
modernize or replace strategic delivery systems are fully 
resourced and being executed at a level equal to or more 
than the levels set forth in the November 2010 update 
to the plan referred to in section 1251 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2549), including plans regard-
ing— 
‘‘(1) a heavy bomber and air-launched cruise 
missile; 
‘‘(2) an intercontinental ballistic missile; 
‘‘(3) a submarine-launched ballistic missile; 
‘‘(4) a ballistic missile submarine; and 
‘‘(5) maintaining— 
‘‘(A) the nuclear command and control sys-
tem; and 
‘‘(B) the rocket motor industrial base of 
the United States. 
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‘‘(b) LIMITATION.—If the President certifies under 
subsection (a) that plans to modernize or replace strategic 
delivery systems are not fully resourced or being executed, 
none of the funds made available for fiscal year 2012 or 
any fiscal year thereafter for the Department of Defense 
may be used to reduce, convert, or eliminate strategic de-
livery systems, whether deployed or nondeployed, pursuant 
to the New START Treaty or otherwise until a period of 
120 days has elapsed following the date on which such 
certification is made. 
‘‘(c) EXCEPTION.—The limitation in subsection (b) 
shall not apply to— 
‘‘(1) reductions made to ensure the safety, secu-
rity, reliability, and credibility of the nuclear weap-
ons stockpile and strategic delivery systems, includ-
ing activities related to surveillance, assessment, cer-
tification, testing, and maintenance of nuclear war-
heads and delivery systems; or 
‘‘(2) strategic delivery systems that are retired 
or awaiting dismantlement on the date of the certifi-
cation under subsection (a). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘New START Treaty’ means the 
Treaty between the United States of America and 
the Russian Federation on Measures for the Further 
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Reduction and Limitation of Strategic Offensive 
Arms, signed on April 8, 2010, and entered into 
force on February 5, 2011. 
‘‘(2) The term ‘strategic delivery system’ means 
a delivery platform for nuclear weapons.’’. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘494. Strategic delivery system reductions.’’. 
SEC. 1056. PREVENTION OF ASYMMETRY OF NUCLEAR 
WEAPON STOCKPILE REDUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) Then Secretary of Defense Robert Gates 
warned in 2008 that, ‘‘There is no way to ignore ef-
forts by rogue states such as North Korea and Iran 
to develop and deploy nuclear weapons or Russian or 
Chinese strategic modernization programs. To be 
sure, we do not consider Russia or China as adver-
saries, but we cannot ignore these developments and 
the implications they have for our national secu-
rity.’’. 
(2) The 2010 Nuclear Posture Review stated 
that, ‘‘large disparities in nuclear capabilities could 
raise concerns on both sides and among United 
States allies and partners, and may not be conducive 
to maintaining a stable, long-term strategic relation-
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ship, especially as nuclear forces are significantly re-
duced.’’. 
(3) The Senate stated in the Resolution of Ad-
vice and Consent to Ratification of the New START 
Treaty that, ‘‘It is the sense of the Senate that, in 
conducting the reductions mandated by the New 
START Treaty, the President should regulate reduc-
tions in United States strategic offensive arms so 
that the number of accountable strategic offensive 
arms under the New START Treaty possessed by 
the Russian Federation in no case exceeds the com-
parable number of accountable strategic offensive 
arms possessed by the United States to such an ex-
tent that a strategic imbalance endangers the na-
tional security interests of the United States.’’. 
(4) At a hearing before the Committee on 
Armed Services of the House of Representatives in 
2011, Secretary of Defense Leon Panetta said, with 
respect to unilateral nuclear reductions by the 
United States, ‘‘I don’t think we ought to do that 
unilaterally—we ought to do that on the basis of ne-
gotiations with the Russians and others to make 
sure we are all walking the same path.’’. 
(b) CERTIFICATION.—Section 1045 of the National 
Defense Authorization Act for Fiscal Year 2012 (50 
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U.S.C. 2523b) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) PREVENTION
OF
ASYMMETRY
IN
REDUC-
TIONS.— 
‘‘(1) CERTIFICATION.—During any year in 
which the President recommends to reduce the num-
ber of nuclear weapons in the active and inactive 
stockpiles of the United States by a number that is 
greater than one percent of the number of nuclear 
weapons in such stockpiles, the President shall cer-
tify in writing to the congressional defense commit-
tees whether such reductions will cause the number 
of nuclear weapons in such stockpiles to be fewer 
than the number of nuclear weapons in the active 
and inactive stockpiles of the Russian Federation. 
‘‘(2) LIMITATION.—If the President certifies 
under paragraph (1) that the recommended number 
of nuclear weapons in the active and inactive stock-
piles of the United States is fewer than the number 
of nuclear weapons in the active and inactive stock-
piles of the Russian Federation, none of the funds 
made available for fiscal year 2012 or any fiscal year 
thereafter for the Department of Defense or the Na-
tional Nuclear Security Administration may be used 
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to carry out any reduction to such stockpiles of the 
United States until— 
‘‘(A) after the date on which such certifi-
cation is made, the President transmits to the 
congressional defense committees a report by 
the Commander of the United States Strategic 
Command, without change, detailing whether 
the recommended reduction would create a stra-
tegic imbalance between the total nuclear forces 
of the United States and the total nuclear 
forces of the Russian Federation; and 
‘‘(B) a period of 180 days has elapsed fol-
lowing the date on which such report is trans-
mitted. 
‘‘(3) EXCEPTION.—The limitation in paragraph 
(2) shall not apply to— 
‘‘(A) reductions made to ensure the safety, 
security, reliability, and credibility of the nu-
clear weapons stockpile and strategic delivery 
systems, including activities related to surveil-
lance, assessment, certification, testing, and 
maintenance of nuclear warheads and strategic 
delivery systems; or 
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‘‘(B) nuclear warheads that are retired or 
awaiting dismantlement on the date of the cer-
tification under paragraph (1).’’. 
SEC. 1057. CONSIDERATION OF EXPANSION OF NUCLEAR 
FORCES OF OTHER COUNTRIES. 
(a) FINDINGS.—Congress finds the following: 
(1) The Resolution of Advice and Consent to 
Ratification of the New START Treaty of the Sen-
ate said, ‘‘It is the sense of the Senate that if, dur-
ing the time the New START Treaty remains in 
force, the President determines that there has been 
an expansion of the strategic arsenal of any country 
not party to the New START Treaty so as to jeop-
ardize the supreme interests of the United States, 
then the President should consult on an urgent basis 
with the Senate to determine whether adherence to 
the New START Treaty remains in the national in-
terest of the United States.’’. 
(2) In 2011, experts testified before the Com-
mittee on Armed Services of the House of Rep-
resentatives that— 
(A) ‘‘Russia is modernizing every leg of its 
nuclear triad with new, more advanced sys-
tems’’, including new ballistic missile sub-
marines, new heavy intercontinental ballistic 
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missiles carrying up to 15 warheads each, new 
shorter range ballistic missiles, and new low- 
yield warheads; and 
(B) ‘‘China is steadily increasing the num-
bers and capabilities of the ballistic missiles it 
deploys and is upgrading older ICBMs to 
newer, more advanced systems. China also ap-
pears to be actively working to develop a sub-
marine-based nuclear deterrent force, something 
it has never had * * *. A recent unclassified 
Department of Defense report says that this 
network of tunnels could be in excess of 5,000 
kilometers and is used to transport nuclear 
weapons and forces.’’. 
(b) REPORT AND CERTIFICATION.— 
(1) IN
GENERAL.—Chapter 24 of title 10, 
United States Code, as added by section 1051, is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 495. Consideration of expansion of nuclear forces 
of other countries 
‘‘(a) REPORT
AND CERTIFICATION.—During any 
year in which the President recommends any reductions 
in the nuclear forces of the United States, none of the 
funds made available for fiscal year 2012 or any fiscal 
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year thereafter for the Department of Defense or the Na-
tional Nuclear Security Administration may be used for 
such recommended reduction until the date on which— 
‘‘(1) the President transmits to the appropriate 
congressional committees a report detailing, for each 
country with nuclear weapons— 
‘‘(A) the number of each type of nuclear 
weapons possessed by such country; 
‘‘(B) the modernization plans for such 
weapons of such country; 
‘‘(C) the production capacity of nuclear 
warheads and strategic delivery systems (as de-
fined in section 491(c) of this title) of such 
country; and 
‘‘(D) the nuclear doctrine of such country; 
and 
‘‘(2) the Commander of the United States Stra-
tegic Command certifies to the appropriate congres-
sional committees whether such recommended reduc-
tions in the nuclear forces of the United States 
will— 
‘‘(A) impair the ability of the United 
States to address— 
‘‘(i) unplanned strategic or geo-
political events; or 
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‘‘(ii) technical challenge; or 
‘‘(B) degrade the deterrence or assurance 
provided by the United States to friends and al-
lies of the United States. 
‘‘(b) FORM.—The reports required by subsection 
(a)(1) shall be submitted in unclassified form, but may 
include a classified annex. 
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means the following: 
‘‘(1) The congressional defense committees. 
‘‘(2) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate.’’. 
(2) The table of sections at the beginning of 
chapter 24 of title 10, United States Code, is 
amended by inserting after the item relating to sec-
tion 494 the following new item: 
‘‘495. Consideration of expansion of nuclear forces of other countries.’’. 
SEC. 1058. CHEMISTRY AND METALLURGY RESEARCH RE-
PLACEMENT NUCLEAR FACILITY AND URA-
NIUM PROCESSING FACILITY. 
(a) FINDINGS.—Congress finds the following: 
(1) Administrator for Nuclear Security Thomas 
D’Agostino testified before the Committee on Armed 
Services of the House of Representatives in Feb-
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ruary 2008 that ‘‘Infrastructure improvements are a 
major part of the complex transformation plan that 
we have, and we’ve made important progress, but we 
have a lot more to do. Some major facilities that we 
have date back to World War II and cannot readily 
meet today’s safety and security requirements. Let 
me give you just two quick examples, if I could. A 
sufficient capability to work with plutonium is an es-
sential part of a national security enterprise and is 
required for as long as we retain a nuclear deter-
rent, and most likely even longer. Currently, we have 
a very small production capacity at Los Alamos, 
about 10 pits per year, at our TA–55 area. Our 
building at Los Alamos, the Chemistry and Metal-
lurgy Research Facility, is well over 50 years old 
and is insufficient to support the national security 
requirements for the stockpile and for future na-
tional security mission areas. So, whether we con-
tinue on our existing path or move towards a re-
placement modern warhead-type stockpile, we still 
need the capacity to produce about 50 to 80 pits per 
year, which is less than one-tenth of our Cold War 
level, as well as the ability to carry out pit surveil-
lance, which is an essential part of maintaining our 
stockpile.’’. 
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(2) Then Commander of the United States 
Strategic Command General Kevin P. Chilton also 
testified in February 2008 that ‘‘When you have a 
responsive complex that has the capacity to flex to 
production as you may need it or adjust your de-
ployed force posture in the future, should you need 
it—in other words, if we go to a lower number, you 
need to be certain that you can come back up, 
should the strategic environment change, and you 
can’t necessarily without that flexible or responsive 
infrastructure behind it, and that’s probably one of 
my great concerns. And then how you posture both 
the portion of your stockpile that you hold in reserve 
and your confidence in the weapons that you have 
deployed is very much a function of modernizing, in 
my view, the weapons systems that we have available 
today, which are, as the secretary described, of Cold 
War legacy design, and the associated issues with 
them.’’. 
(3) The Congressional Commission on the Stra-
tegic Posture of the United States reported in May 
2009, with respect to the timing of the replacement 
of the nuclear weapons infrastructure of the United 
States, that ‘‘This raises an obvious question about 
whether these two replacement programs might pro-
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ceed in sequence rather than concurrently. There are 
strong arguments for moving forward concurrently. 
Existing facilities are genuinely decrepit and are 
maintained in a safe and secure manner only at high 
cost. Moreover, the improved production capabilities 
they promise are integral to the program of refur-
bishment and modernization described in the pre-
ceding chapter. If funding can be found for both, 
this would best serve the national interest in main-
taining a safe, secure, and reliable stockpile of weap-
ons in the most effective and efficient manner.’’. 
(4) The 2010 Nuclear Posture Review states— 
(A) ‘‘The National Nuclear Security Ad-
ministration (NNSA), in close coordination with 
DoD, will provide a new stockpile stewardship 
and management plan to Congress within 90 
days, consistent with the increases in infra-
structure investment requested in the Presi-
dent’s FY 2011 budget. As critical infrastruc-
ture is restored and modernized, it will allow 
the United States to begin to shift away from 
retaining large numbers of non-deployed war-
heads as a technical hedge, allowing additional 
reductions in the United States stockpile of 
non-deployed nuclear weapons over time.’’; 
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(B) ‘‘In order to sustain a safe, secure, 
and effective United States nuclear stockpile as 
long as nuclear weapons exist, the United 
States must possess a modern physical infra-
structure—comprised of the national security 
laboratories and a complex of supporting facili-
ties.’’; 
(C) ‘‘Funding the Chemistry and Metal-
lurgy Research Replacement Project at Los Al-
amos National Laboratory to replace the exist-
ing 50-year old Chemistry and Metallurgy Re-
search facility in 2021.’’; 
(D) ‘‘Developing a new Uranium Proc-
essing Facility at the Y–12 Plant in Oak Ridge, 
Tennessee to come on line for production oper-
ations in 2021.’’; 
(E) ‘‘Without an ability to produce ura-
nium components, any plan to sustain the 
stockpile, as well as support for our Navy nu-
clear propulsion, will come to a halt. This would 
have a significant impact, not just on the weap-
ons program, but in dealing with nuclear dan-
gers of many kinds.’’; and 
(F) ‘‘The non-deployed stockpile currently 
includes more warheads than required for the 
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above purposes, due to the limited capacity of 
the National Nuclear Security Administration 
(NNSA) complex to conduct LEPs for deployed 
weapons in a timely manner. Progress in restor-
ing NNSA’s production infrastructure will allow 
these excess warheads to be retired along with 
other stockpile reductions planned over the next 
decade.’’. 
(5) In the memorandum of agreement between 
the Department of Defense and the Department of 
Energy concerning the modernization of the nuclear 
weapon stockpile of the United States dated May 3, 
2010, then Secretary of Defense Robert Gates and 
Secretary of Energy Steven Chu agreed that ‘‘DOE 
Agrees to * * * increase pit production capacity * 
* * plan and program to ramp up to a minimum of 
50–80 PPY in 2022.’’. 
(6) The plan required under section 1251 of the 
National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2549) sub-
mitted by the President states that the Chemistry 
and Metallurgy Research Replacement building and 
the Uranium Processing Facility will complete con-
struction by 2021 and will achieve full operational 
functionality by 2024. 
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(7) The Senate required that, prior to the entry 
into force of the New START Treaty, the President 
certifies to the Senate that the President intends 
to— 
(A) accelerate to the extent possible the 
design and engineering phase of the Chemistry 
and Metallurgy Research Replacement building 
and the Uranium Processing Facility; and 
(B) request full funding, including on a 
multiyear basis as appropriate, for the Chem-
istry and Metallurgy Research Replacement 
building and the Uranium Processing Facility 
upon completion of the design and engineering 
phase for such facilities. 
(8) The President did request full funding for 
such facilities on February 2, 2011, when the Presi-
dent stated, ‘‘I intend to (a) accelerate, to the extent 
possible, the design and engineering phase of the 
Chemistry and Metallurgy Research Replacement 
(CMRR) building and the Uranium Processing Fa-
cility (UPF); and (b) request full funding, including 
on a multi-year basis as appropriate, for the CMRR 
building and the UPF upon completion of the design 
and engineering phase for such facilities.’’. 
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(b) LIMITATION.—Section 1045 of the National De-
fense Authorization Act for Fiscal Year 2012 (50 U.S.C. 
2523b), as amended by section 1056(b), is amended by 
adding at the end the following new subsection: 
‘‘(e) CMRR AND UPF.— 
‘‘(1) ANNUAL CERTIFICATION.—Beginning fis-
cal year 2013, the President shall annually certify in 
writing to the congressional defense committees 
whether— 
‘‘(A) the construction of both the Chem-
istry and Metallurgy Research Replacement 
building and the Uranium Processing Facility 
will be completed by not later than 2021; and 
‘‘(B) both facilities will be fully operational 
by not later than 2024. 
‘‘(2) LIMITATION.—If the President certifies 
under paragraph (1) that the Chemistry and Metal-
lurgy Research Replacement building and the Ura-
nium Processing Facility will be completed by later 
than 2021 or be fully operational by later than 
2024, none of the funds made available for fiscal 
year 2012 or any fiscal year thereafter for the Na-
tional Nuclear Security Administration may be used 
to reduce the nondeployed nuclear warheads in the 
nuclear weapons stockpile of the United States until 
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a period of 120 days has elapsed following the date 
of such certification. 
‘‘(3) EXCEPTION.—The limitation in paragraph 
(2) shall not apply to— 
‘‘(A) reductions made to ensure the safety, 
security, reliability, and credibility of the nu-
clear weapons stockpile and delivery systems, 
including activities related to surveillance, as-
sessment, certification, testing, and mainte-
nance of nuclear warheads and strategic deliv-
ery systems; or 
‘‘(B) nuclear warheads that are retired or 
awaiting dismantlement on the date of the cer-
tification under paragraph (1). 
‘‘(4) TERMINATION.—The requirement in para-
graph (1) shall terminate on the date on which the 
President certifies in writing to the congressional de-
fense committees that the Chemistry and Metallurgy 
Research Replacement building and the Uranium 
Processing Facility are both fully operational.’’. 
SEC. 1059. NUCLEAR WARHEADS ON INTERCONTINENTAL 
BALLISTIC MISSILES OF THE UNITED STATES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that reducing the number of nuclear warheads con-
tained on each intercontinental ballistic missile of the 
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United States does not promote strategic stability if at 
the same time other nuclear weapons states, including the 
Russian Federation and the People’s Republic of China, 
are rapidly increasing the warhead-loading of their land- 
based missile forces. 
(b) LIMITATION.— 
(1) IN
GENERAL.—Chapter 24 of title 10, 
United States Code, as added by section 1051, is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 496. Nuclear warheads on intercontinental bal-
listic missiles of the United States 
‘‘(a) IN GENERAL.—During any year in which the 
President proposes to reduce the number of nuclear war-
heads contained on an intercontinental ballistic missile of 
the United States, none of the funds made available for 
fiscal year 2012 or any fiscal year thereafter for the De-
partment of Defense or the National Nuclear Security Ad-
ministration may be used for such proposed reduction if 
the reduction results in such missile having only a single 
nuclear warhead unless the President certifies in writing 
to the congressional defense committees that the Russian 
Federation and the People’s Republic of China are both 
also carrying out a similar reduction. 
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‘‘(b) EXCEPTION.—The limitation in subsection (a) 
shall not apply to reductions made to ensure the safety, 
security, reliability, and credibility of the nuclear weapons 
stockpile and delivery systems, including activities related 
to surveillance, assessment, certification, testing, and 
maintenance of nuclear warheads and strategic delivery 
systems.’’. 
(2) The table of sections at the beginning of 
chapter 24 of title 10, United States Code, is 
amended by inserting after the item relating to sec-
tion 495 the following: 
‘‘496. Nuclear warheads on intercontinental ballistic missiles of the United 
States.’’. 
SEC. 1060. NONSTRATEGIC NUCLEAR WEAPON REDUC-
TIONS AND EXTENDED DETERRENCE POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) The NATO Strategic Concept of 2010 en-
dorsed the continued role of nuclear weapons in the 
security of the NATO alliance, stating— 
(A) ‘‘The supreme guarantee of the secu-
rity of the Allies is provided by the strategic nu-
clear forces of the Alliance, particularly those of 
the United States; the independent strategic 
nuclear forces of the United Kingdom and 
France, which have a deterrent role of their 
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own, contribute to the overall deterrence and 
security of the Allies.’’; 
(B) ‘‘We will ensure that NATO has the 
full range of capabilities necessary to deter and 
defend against any threat to the safety and se-
curity of our populations. Therefore, we will * 
* * maintain an appropriate mix of nuclear and 
conventional forces’’; and 
(C) ‘‘[NATO will] ensure the broadest pos-
sible participation of Allies in collective defence 
planning on nuclear roles, in peacetime basing 
of nuclear forces, and in command, control and 
consultation arrangements.’’. 
(2) However, the 2010 Strategic Concept also 
walked away from the decades-long policy encap-
sulated by the 1999 Strategic Concept that said, 
‘‘The presence of United States conventional and 
nuclear forces in Europe remains vital to the secu-
rity of Europe, which is inseparably linked to that 
of North America.’’. 
(3) Former Secretary of Defense William Perry 
said in March 2011 testimony before the Sub-
committee on Strategic Forces of the Committee on 
Armed Services of the House of Representatives that 
‘‘the reason we have nuclear weapons in Europe in 
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the first place, is not because the rest of our weap-
ons are not capable of deterrence, but because, dur-
ing the Cold War at least, our allies in Europe felt 
more assured when we had nuclear weapons in Eu-
rope. That is why they were deployed there in the 
first place. Today the issue is a little different. The 
issue is the Russians in the meantime have built a 
large number of nuclear weapons, and we keep our 
nuclear weapons there as somewhat of a political le-
verage for dealing with an ultimate treaty in which 
we may get Russia and the United States to elimi-
nate tactical nuclear weapons. My own view is it 
would be desirable if both the United States and 
Russia would eliminate tactical nuclear weapons, but 
I see it as very difficult to arrive at that conclusion 
if we were to simply eliminate all of our tactical nu-
clear weapons unilaterally.’’. 
(4) During testimony before the Subcommittee 
on Strategic Forces of the Committee on Armed 
Services of the House of Representatives in July 
2011— 
(A) former Department of Defense official 
Frank Miller stated, ‘‘as long as United States 
allies believe that those weapons need to be 
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there, we need to make sure that we provide 
that security.’’; and 
(B) former Department of Defense official 
Mort Halperin stated, ‘‘I do not think we 
should be willing to trade our withdrawal of our 
nuclear weapons from Europe for some reduc-
tion, even a substantial reduction, in Russian 
tactical nuclear weapons because if it is * * * 
that the credibility of the American nuclear de-
terrent for our NATO allies depends on the 
presence of nuclear weapons in Europe, that 
will not change if the Russians cut their tactical 
nuclear arsenal by two thirds, or even eliminate 
it because they will still have their strategic 
weapons, which, while they can’t have inter-
mediate range missiles, they can find a way to 
target them on the NATO countries.’’. 
(5) Section 1237(b) of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 
112–81) expressed the sense of Congress that— 
(A) the commitment of the United States 
to extended deterrence in Europe and the nu-
clear alliance of NATO is an important compo-
nent of ensuring and linking the national secu-
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rity of the United States and its European al-
lies; 
(B) the nuclear forces of the United States 
are a key component of the NATO nuclear alli-
ance; and 
(C) the presence of the nuclear weapons of 
the United States in Europe—combined with 
NATO’s unique nuclear sharing arrangements 
under which non-nuclear members participate 
in nuclear planning and possess specially con-
figured aircraft capable of delivering nuclear 
weapons—provides reassurance to NATO allies 
who feel exposed to regional threats. 
(b) LIMITATION.—Chapter 24 of title 10, United 
States Code, as added by section 1051, is amended by 
adding at the end the following new section: 
‘‘§ 497. Limitation on reduction, consolidation, or 
withdrawal of nuclear forces based in Eu-
rope 
‘‘(a) POLICY ON NONSTRATEGIC NUCLEAR WEAP-
ONS.—It is the policy of the United States— 
‘‘(1) to pursue negotiations with the Russian 
Federation aimed at the reduction of Russian de-
ployed and nondeployed, nonstrategic nuclear forces; 
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‘‘(2) that nonstrategic nuclear weapons should 
be considered when weighing the balance of the nu-
clear forces of the United States and the Russian 
Federation; 
‘‘(3) that any geographical relocation or storage 
of nonstrategic nuclear weapons by the Russian Fed-
eration does not constitute a reduction or elimi-
nation of such weapons; 
‘‘(4) the vast advantage of the Russian Federa-
tion in nonstrategic nuclear weapons constitutes a 
threat to the United States and its allies and a 
growing asymmetry in Western Europe; and 
‘‘(5) the forward-deployed nuclear forces of the 
United States are an important contributor to the 
assurance of the allies of the United States and con-
stitute a check on proliferation and a tool in dealing 
with neighboring states hostile to NATO. 
‘‘(b) POLICY ON EXTENDED DETERRENCE COMMIT-
MENT TO EUROPE.—It is the policy of the United States 
that— 
‘‘(1) it maintain its commitment to extended 
deterrence, specifically the nuclear alliance of the 
North Atlantic Treaty Organization, as an impor-
tant component of ensuring and linking the national 
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security interests of the United States and the secu-
rity of its European allies; 
‘‘(2) forward-deployed nuclear forces of the 
United States shall remain based in Europe in sup-
port of the nuclear policy and posture of NATO; 
‘‘(3) the presence of nuclear weapons of the 
United States in Europe—combined with NATO’s 
unique nuclear sharing arrangements under which 
non-nuclear members participate in nuclear planning 
and possess specially configured aircraft capable of 
delivering nuclear weapons—contributes to the cohe-
sion of NATO and provides reassurance to allies and 
partners who feel exposed to regional threats; and 
‘‘(4) only the President and Congress can ar-
ticulate when and how the United States will employ 
the nuclear forces of the United States and no mul-
tilateral organization, not even NATO, can articu-
late a declaratory policy concerning the use of nu-
clear weapons that binds the United States. 
‘‘(c) LIMITATION ON REDUCTION, CONSOLIDATION, 
OR WITHDRAWAL OF NUCLEAR FORCES BASED IN EU-
ROPE.—In light of the policy expressed in subsections (a) 
and (b), none of the funds made available for fiscal year 
2012 or any fiscal year thereafter for the Department of 
Defense may be used to effect or implement the reduction, 
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consolidation, or withdrawal of nuclear forces of the 
United States that are based in Europe unless— 
‘‘(1) the reduction, consolidation, or withdrawal 
of such nuclear forces is requested by the govern-
ment of the host nation in the manner provided in 
the agreement between the United States and the 
host nation regarding the forces; 
‘‘(2) the President certifies that— 
‘‘(A) NATO member states have consid-
ered the reduction, consolidation, or withdrawal 
in the High Level Group; 
‘‘(B) NATO has decided to support such 
reduction, consolidation, or withdrawal; 
‘‘(C) the remaining nuclear forces of the 
United States that are based in Europe after 
such reduction, consolidation, or withdrawal 
would provide a commensurate or better level of 
assurance and credibility as before such reduc-
tion, consolidation, or withdrawal; and 
‘‘(D) there has been reciprocal action by 
the Russian Federation, not including the Rus-
sian Federation relocating nuclear forces from 
one location to another; or 
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‘‘(3) the reduction, consolidation, or withdrawal 
of such nuclear forces is specifically authorized by 
an Act of Congress. 
‘‘(d) NOTIFICATION.—Upon any decision to reduce, 
consolidate, or withdraw the nuclear forces of the United 
States that are based in Europe, the President shall sub-
mit to the appropriate congressional committees a notifi-
cation containing— 
‘‘(1) the certification required by paragraph (2) 
of subsection (c) if such reduction, consolidation, or 
withdrawal is based upon such paragraph; 
‘‘(2) justification for such reduction, consolida-
tion, or withdrawal; and 
‘‘(3) an assessment of how NATO member 
states, in light of such reduction, consolidation, or 
withdrawal, assess the credibility of the deterrence 
capability of the United States in support of its com-
mitments undertaken pursuant to article 5 of the 
North Atlantic Treaty, signed at Washington, Dis-
trict of Columbia, on April 4, 1949, and entered into 
force on August 24, 1949 (63 Stat. 2241; TIAS 
1964). 
‘‘(e) NOTICE AND WAIT REQUIREMENT.—The Presi-
dent may not commence a reduction, consolidation, or 
withdrawal of the nuclear forces of the United States that 
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‘‘(B) COMPENSATION.—The Chairs of the 
Panel may fix the compensation of the executive 
director and other personnel without regard to 
the provisions of chapter 51 and subchapter III 
of chapter 53 of title 5, United States Code, re-
lating to the classification of positions and Gen-
eral Schedule pay rates, except that the rate of 
pay for the executive director and other per-
sonnel may not exceed the rate payable for level 
V of the Executive Schedule under section 5316 
of such title. 
‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.— 
Any Federal Government employee may be detailed 
to the Panel without reimbursement, and such detail 
shall be without interruption or loss of civil service 
status or privilege. 
‘‘(3) PROCUREMENT
OF
TEMPORARY
AND 
INTERMITTENT SERVICES.—The Chairs of the Panel 
may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code, 
at rates for individuals that do not exceed the daily 
equivalent of the annual rate of basic pay for level 
V of the Executive Schedule under section 5316 of 
such title. 
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(F) Section 214 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 10 U.S.C. 2521 note) is amend-
ed by striking ‘‘unless the’’ and all that follows 
through ‘‘ensures’’ and inserting ‘‘unless the 
Assistant Secretary of Defense for Research 
and Engineering ensures’’. 
(d) CROSS-REFERENCE AMENDMENTS RELATING TO 
ENACTMENT OF TITLE 41.—Title 10, United States Code, 
is amended as follows: 
(1) Section 2302 is amended— 
(A) in paragraph (7), by striking ‘‘section 
4 of such Act’’ and inserting ‘‘such section’’; 
and 
(B) in paragraph (9)(A)— 
(i) by striking ‘‘section 26 of the Of-
fice of Federal Procurement Policy Act (41 
U.S.C. 422)’’ and inserting ‘‘chapter 15 of 
title 41’’; and 
(ii) by striking ‘‘such section’’ and in-
serting ‘‘such chapter’’. 
(2) Section 2306a(b)(3)(B) is amended by 
striking ‘‘section 4(12)(C)(i) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(12)(C)(i))’’ 
and inserting ‘‘section 103(3)(A) of title 41’’. 
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(3) Section 2321(f)(2) is amended by striking 
‘‘section 35(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 431(c))’’ and inserting ‘‘sec-
tion 104 of title 41’’. 
(4) Section 2359a(h) is amended by striking 
‘‘section 16(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 414(c))’’ and inserting ‘‘sec-
tion 1702(c) of title 41’’. 
(5) Section 2359b(k)(4) is amended— 
(A) in subparagraph (A), by striking ‘‘sec-
tion 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403)’’ and inserting ‘‘sec-
tion 110 of title 41’’; and 
(B) in subparagraph (B), by adding a pe-
riod at the end. 
(6) Section 2379 is amended— 
(A) in subsections (a)(1)(A), (b)(2)(A), 
and (c)(1)(B)(i), by striking ‘‘section 4(12) of 
the Office of Federal Procurement Policy Act 
(41 U.S.C. 403(12))’’ and inserting ‘‘section 
103 of title 41’’; and 
(B) in subsections (b) and (c)(1), by strik-
ing ‘‘section 35(c) of the Office of Federal Pro-
curement Policy Act (41 U.S.C. 431(c))’’ and 
inserting ‘‘section 104 of title 41’’. 
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(1) ESTABLISHMENT.—There is established the 
Committee on National Security Personnel within 
the Executive Office of the President. 
(2) MEMBERSHIP.—The members of the Com-
mittee shall be the Director of the Office of Manage-
ment and Budget, the Director of the Office of Per-
sonnel Management, and the Assistant to the Presi-
dent for National Security Affairs. 
(3) CHAIRPERSON.—The Director of the Office 
of Management and Budget shall be the Chairperson 
of the Committee. 
(4) FUNCTIONS.— 
(A) IN
GENERAL.—The Committee shall 
perform the functions as provided under this 
subtitle to implement this subtitle and shall 
validate the actions taken by the heads of cov-
ered agencies to implement the directives issued 
and meet the standards established under sub-
paragraph (B). 
(B) DIRECTIVES AND STANDARDS.— 
(i) IN
GENERAL.—In consultation 
with the Director of the Office of Per-
sonnel Management and the Assistant to 
the President for National Security Af-
fairs, the Director of the Office of Manage-
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subsection (b)(1)) under a program au-
thorized under subsection (a); and 
‘‘(ii) not more than $25,000,000 may 
be obligated or expended for small-scale 
military construction activities (as de-
scribed in subsection (b)(1)) under all pro-
grams authorized under subsection (a). 
‘‘(B) AVAILABILITY OF FUNDS FOR PRO-
GRAMS DURING FISCAL YEAR 2014.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), not more than 20 percent of amounts 
available under this subsection for the au-
thority in subsection (a) for fiscal year 
2013 may be obligated and expended to 
conduct or support a program authorized 
under subsection (a) during fiscal year 
2014. 
‘‘(ii) NOTIFICATION.—Whenever the 
Secretary of Defense decides, with the con-
currence of the Secretary of State, to con-
duct or support a program authorized 
under subsection (a) during fiscal year 
2014 using amounts described in clause 
(i), the Secretary of Defense shall submit 
to the congressional committees specified 
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