(a),’’ and inserting ‘‘section 492 of title 10, United 
States Code,’’. 
SEC. 7. PREVENTION OF ASYMMETRY OF NUCLEAR WEAP-
ON 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 U.S. allies 
and partners, and may not be conducive to main-
taining a stable, long-term strategic relationship, es-
pecially as nuclear forces are significantly reduced.’’. 
(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-
VerDate Mar 15 2010 
03:08 Mar 09, 2012
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4178.IH
H4178
tjames on DSK6SPTVN1PROD with BILLS
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 
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 
VerDate Mar 15 2010 
03:08 Mar 09, 2012
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4178.IH
H4178
tjames on DSK6SPTVN1PROD with BILLS
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 
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-
VerDate Mar 15 2010 
03:08 Mar 09, 2012
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4178.IH
H4178
tjames on DSK6SPTVN1PROD with BILLS
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 
‘‘(B) nuclear warheads that are retired or 
awaiting dismantlement on the date of the cer-
tification under paragraph (1).’’. 
SEC. 8. 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 
VerDate Mar 15 2010 
03:08 Mar 09, 2012
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4178.IH
H4178
tjames on DSK6SPTVN1PROD with BILLS
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 
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 De-
VerDate Mar 15 2010 
03:08 Mar 09, 2012
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4178.IH
H4178
tjames on DSK6SPTVN1PROD with BILLS